good evening everybody we're gonna call this meeting to order if I can make an announcement here this meeting has been properly notified and posted in compliance with the Open Meeting Law these proceedings are being video recorded as well as presented live on KC L V cable channel 2 please note customers of CenturyLink and Cox Communications can view these programs in high definition on channel 1002 and in the standard definition on channel 2 you can also watch this meeting live on Apple TV Roku Amazon fire TV and on-the-go Vegas app the Planning Commission meetings as well as other KC LV programming can be viewed on the internet at WWDC v / live the proceedings will be rebroadcast Adhan kc lv and the web the Saturday of the meeting and 10:00 a.m. Monday and midnight at the following Tuesday at 6 p.m. would you all please stand for the Pledge of Allegiance roll call please chair cherry vice-chair de Salvio present commissioner schlattman present commissioner to some present Commissioner Williams present Commissioner rogen present Commissioner chata thank you thank you to the public I call your attention to the information printed on the agenda concerning the actions and the appeals and review process if appropriate please read this carefully and if you have any questions staff is available also the second page of the agenda contains our rules of conduct we appreciate you hearing today's rules so we can have a smooth meeting on item number four on to public comment during this portion of the agenda must be limited to matters on the agenda for action if you wish to be heard come to the podium give you name for the record the amount of discussion as well as the amount of time any single speaker has allowed may be limited all comments under this item for a specific action items will be cross-referenced to those items are there any members of the public that wish to be heard under this portion of the agenda please come up state your name for the record good evenin my name is Rolando lares and the publisher and owner of the Las Vegas Tribune newspaper and I'm here to oppose him one of the issues that you have here today what item are you referring to sir I have no idea I don't have any paperwork on me I know is there thank you please spell your last name for the record for the clerk LA r ra Z as in zebra yes chair if it's not one of them if it's not that item 14 or one of the other ones that's gonna be held tonight I think you're gonna hear it in its normal course I don't see it on here but I got a note in the mail and also I have an email from Deborah diamond then the meeting was going to be today I don't see it tell what the project is do you happen to know the project a location yeah 4605 Lilliput Lane and whose Ward would that be in I live on 4601 next door is 4605 mr. chairman that's atom number 32 32 will be heard tonight yeah 4605 he said it okay item number five seeing none I'll close the public comment I remember five for possible action approved the final minutes at a Planning Commission meeting of August 27 2019 miss Vice Chair yes mr. Chairman I moved to approve this September 10th 2019 Planning Commission motion please cast your vote and that item passenger if we could ask Commissioner Rogen to state why he's abstaining on that item I wasn't present for that meeting great thank you thank you item number six for possible action any items from the Planning Commission staff and/or applicant that wish to be stricken or held in abeyance to further meetings may be brought forward for action upon this time any housekeeping staff mr. chairman we have one housekeeping item staff request to pull item 14 off of one motion one vote for discussion thank you commissioners mr. chair I didn't ask to remove items 7 8 & 9 from one motion one vote please any other commissioners mr. chairman if I may I believe the applicant on items 26 through 29 has also mentioned that they would like to obey if they could come and officially make that request on the record please good evening mark banging with KB home we would like to obey items 26 through 29 and that would be a 30 day bangs correct yes okay okay I will now read all the related items into the record and I'll clewd the ones that we're going to pull okay item number 7 GPA 77257 7 applicant international asset manager Inc owner kori LLC I apologize mr. chairman so we need a vote on the abeyance request and then we can go move into the one motion one vote section if we could okay yes mr. chairman on atom number 26 through items 29 I move to hold that item those items until the November 12th 2019 Planning Commission hearing the motion please cast your vote and that motion carries moving on to reading into the one motion one vote I got GPA item number seven 77257 applicant international asset manager ink on a quarry LLC for possible action on the request for a general plan amendment from low density residential to medium density on the southwest corner of Oakland Boulevard and Cory place Ward 1 staff recommends approval item number 8 Gon 77258 for possible action on a request for rezoning from r1 single-family residential the r3 medium density residential Ward 1 staff recommends approval Str 77259 for possible action on a request for a site development plan review from a proposed tree story 34 unit multi-family residential development Ward 1 staff recommends approval item number 10s up7 7206 applicant owner Jeffrey intamin for a possible action on a request for a special use permit for a proposed accessory structure class 1 casita you said 3733 Bradley Road Ward 5 staff recommends approval item number 11s GP 77277 applicant Ramon Guerrero owner NFC LLC for a possible action on a request for a special use permit for a proposed 7031 331 square-foot residential with alcohol use at 2400 western area a new Ward one staff recommends approval item number 12 su P 77 to 81 applicant Chinglish restaurant owner Boca Park marketplace syndications group LLC for a possible action on request for a special use permit for a proposed 2027 square-foot restaurant with alcohol use within 50 with 1500 square foot of outdoor seating at 80 704 West Charleston Boulevard Ward 2 staff recommends approval I remember 13 su P 77288 applicant Jeffrey Metzger owner Tom J Newton jr. for a possible action on a request for a special use permit for a proposed twenty five hundred and forty square foot tavern limited establishment with the with a 3,000 192 square foot outdoor seating area at 1201 South casino boulevard Ward 3 staff recommends approval and item number 14 TPM 77032 8 applicant owner section 12 LLC for possible action on request for a parent tentative map for a 17 lot master plan subdivision on northwest corner of West Skye Canyon Park Drive and sky Canyon Village Ward 6 staff recommends approval I'm gonna I'm gonna open this up for public hearing anybody wish to be heard on any of those items right into the record please come forward state your name for the record my name is Eva Palmer and I oppose the for number seven the moving from low density to medium density I think it's called we're gonna we're pulling that item I just read it into the record but we're gonna hear that item soon as I get past this vote and your sir same thing okay anybody else wish to be heard on any item I've seen then I'll close the public hearing and annotate a motion yes mr. chairman for we intend motion on item 12 I will be abstaining on that particular item as I had a few conversations with him about some pre-construction budgets and then number 13 I want to launch within the notification area so I'll be abstaining on that and there's nothing else and seeing as seven eight nine and fourteen or being opened up here in a minute I make a motion to approve item 10 3:13 notice attention on 12 and 13 okay you all heard the motion please cast your vote and that motion passes and mr. chairman items 10 and 11 will move forward to City Council and be heard as a part of their agenda on November 20th number items 12 and 13 this evening or final action this evening less appealed to the City Clerk's office within ten days okay at this point in time I'm gonna open the hearing on item number seven related items 7 8 & 9 mad the staff report please mr. chairman the proposed general plan amendment and rezoning would match adjacent properties to the west and staff supports requests additionally the proposed multi-family residential expansion development adheres to the majority of title 19 requirements as staff recommends approval the site plan review please note that there are additional letters our protest and support since publication thank you thank you good evening mr. chairman commissioners my name's Bob grown our 1980 Festival Plaza Drive I'm here representing the applicant on this matter if I could get your attention to the overhead I'll try to be fairly quick here before I could address whatever the neighbors have concerns over that being said this is the aerial of the property just to give you some boundaries just to the south down here is Charleston Boulevard over along this area here is Jones so this is off the north east corner of Jones and Charleston we are actually a property as long Upland as you can see here it's highlighted here as you can see clearly this is an infill piece of property and as you guys can appreciate whenever you are dealing with an infill piece of property these type properties are very difficult to develop especially a property like this because you're only dealing with two acres of property and it has commercial to the South and has two roads to the north and to the east of it itself so logically this application your staff agrees is I'm representing the property owner here who is looking to purchase this two acres of property what they'd like to do is incorporate this two acres into the existing multifamily development it's coming in at two separate buildings total 34 units at 17 units an acre which definitely falls into the compatibility use that's already to the west of us you already have South to commercial and you have two streets here that acts as additional buffer to anything to the church to the north into the east some of the existing single-family in this area as your staff has mentioned this this is compatible in harmonious to the area and I think one of the most important things is this isn't going to be a two acre type of piece of property it's gonna stand out by itself it's actually going to be a part of this project and more importantly you're not even going to have access coming out on to quarry here or along in this area access will come in and out on to your major arterials Street Charleston so this one have zero impact to the neighborhood that is to the existence to the north and to the east of the property itself so that being said I'd ask that you would approve those applications and I'm sure I if I may address some additional issues that may come up that I don't address here on this initial presentation I would appreciate that thank you this is notice there's a public hearing anybody from the public wish to be heard on these items where'd you go come on out please state your name for the record good evening my name is Alba Ingham I'm representing upland Bible Church 920 upland Boulevard the church that's to the north of the vacant lot we objected to the proposal on the mail in fax in responses and just wanted to go on record as saying that we're concerned about density in the neighborhood we'd like to preserve the low density status we're concerned that as density increases and there are more people in the neighborhood the problems with crime and drugs might be exacerbated is that it that's it okay thank you very much does anybody else wish to be heard on this item please step up and give you a name for the record Eva Palmer and I live in the neighborhood and basically what that gentleman said also um if they did have it fenced around maybe not be too bad of an idea but it it's really hard to keep these old neighborhoods the property levels up you know the property prices the park there already has an issue with homeless people hanging out in it and the neighborhood right now has kind of a wide open feel all the Lots there are pretty large and I would like to keep it that way it has a spacious feeling to it and I think more apartments there is going to we're going to lose that feeling thank you thank you please come forward we have three mics if anybody else wants to just come on down thank you hello my name is Brett Hanson a little bit 909 Upton Boulevard just basically across the street from the lot I am agreeable with the upgrade that's gonna happen there if I would request that the wall be higher than the 8-foot alot wall and the plants that were in the plant would also be a little bit larger as well to match the rest of it also I would request that they would have a little bit of that I guess it's the textured block it's maybe less of that aptitude to be painted on because we're going to give some graffiti artist a big wonderful palette there with all the way it is so that's all I have to say thank you anybody else seeing none I'll close the public comment section and mr. Cronauer you know just all three come comments here fairly quickly with the respect to the church first of all usually when we deal with churches their acceptance of other residents coming in because they could be potential Church churchgoers to that specific church so unfortunately a church does not want to support an application like this very low impact to have some more residents in the area I think then this this folds in to the second issue that came up about homelessness within with respect to the area here you're more prone to have homelessness in this area when you have open lots like this if anything my understanding is there is some also homeless activity here as I'm showing you an overhead also in the park area itself is not in the set and necessitated through the apartment complex itself and matter of fact when you have development in this area such as this which will be combined in here if anything that will also help boost some of the property values here because now you're not dealing with some homelessness in this area and or vacant vacant lot as as you see that you have here itself the third comment we were proposing an 8 foot high wall obviously if that's the direction of the Commission to go higher that's that's up to you but once when you get above 8 feet you know becomes 10 feet 12 feet might become a little bit more of a prison-like type of a view I think probably what is probably best is is to increase the landscaping if you're concerned with respect to the look along upland out here we could always intensify the landscaping along the east property line as I'm showing you here up along upland which is not an issue within itself and if there is if we have to paint as part of the decorative block wall they have the antigravity stuff which some of the other developments will block walls have that stuff we're fine with that also it's it's it works for us too because we don't want to have that graffiti on there and and the last thing is if you've had the opportunity to take a look of the apartment project here it's an older this is an older neighborhood an older project but if you've went through this this is this kept up fairly well it's it's a manicured well it says good paint job on it and and the owners here have done a very good job in this area of maintaining this piece of property over the years if anything this is actually a good thing for the area to come in with development as I said the key is is it's not going to be a standalone two acre development it's actually gonna be combined as one so with that being said I believe I've addressed their issues or concerns and I'm here to answer quite any questions you may have and mr. chairman if I may I just want to on the back of the applicants comments while the landscaping it would definitely be something you could consider they're already doing the maximum wall height at this location that they can any additional requests for wall Heights would actually necessitate a variance and additional applications to deviate from our current code allowances thank you mister Sommerfeld so at this point in time I will open it up to comments from the Commission Commissioner rogan Thank You mr. chairman mr. Bingham Miss Palmer and mr. Hanson thank you for coming out tonight many of the things that you said tonight I did consider when I was reviewing this application overall though I think that this development is consistent in harmonious with the neighborhood the West although it may differ a bit from the single-family residences that you see to the east but of course that's always a difficult proposition when you have this kind of border property I do agree with the neighbors that there should be a greater density of plantings to obscure that that transition that you have from single-family residences to the apartment complex so mr. Groner are you okay with adding 36-inch boxed trees instead of 24 inch box trees you know what I prefer is if we can play with the 24 inch box trees with your staff to double row the trees itself because by doing that we do we'd give a better thicker buffering in there than just doing the thirty Six's itself and we could play around with the feet on on center of each tree okay that way the canopies won't go and in I guess won't impact the the canopy adjacent to it that's what I'm trying to say thank you and then I'm not quite familiar with the anti-graffiti substance that you're talking about our anti graffiti paint and we do this and some other clients I represent is there's antique rafidhi type of substance you put on the walls itself it's on the direct decorative block walls you can do that then it's easier to wipe off at the end of the day and if if this neighborhood has a lot of graffiti issues it's a smart thing to do from a property owners perspective because costs a lot of money to keep painting over the walls itself so that's that is a method other property owners who use thank you well we need to draft conditions for those mr. chairman through you so commissioner what we can do is I would ask verbally to instruct the applicant that we will need a revised landscape plan in order to make it for the City Council meeting I would ask for him to work with my staff over the coming week so that we can get a revised landscape plan then he caps elates that enhanced landscape buffer specifically with double and 24-inch Box trees if that's amenable to the Commissioner with regard to the anti graffiti paint our standard requirement is a decorative block wall that would mean over and above but to mr. brower's point many property owners particularly of multifamily developments will do that as just a precaution okay so that's not something we would normally condition okay well you've heard the neighbors mr. grown our yeah are you okay with providing a revised landscape plan before City Council yes sir yes all right based upon that concession I would support the findings of staff and unless my fellow commissioners have anything else to say I would move for approval subject to conditions okay you've heard the motion please cast your vote and that motion passes thank you is that four seven eight nine all in one or we have to do let me do it individually I'm so sorry I'd move for approval for item seven GPA seven seven two five seven eight thank you eight zero and seven seven two five eight you've heard the motion please cast your vote and M motion passes and then finally I'd move for approval subject to conditions item nine STR 77259 you've heard the motion please cast your vote and that motion passes and mr. chairman those three items will move forward to City Council we heard as a part of their agenda on November 20th 2019 at this time we'll entertain item number 14 can I have the staff report mr. chairman the proposed tentative map confirmed conforms to the terms of the sunstone development agreement is a substantial conformance with the Sunstone master land-use plan and has been approved by the Sunstone design review committee staff recommends approval of the application please note that there is an updated staff report and your supplemental information packet with amended conditions of approval as follows condition number 6 would be amended to say conceptual landscape plans for the perimeters of developer parcels contained within the boundaries of this tentative map shall be submitted concurrently with the middle of future child tentative maps for developer parcels condition number 12 would be a minute to minute to say per Section 3.0 7c to have the development agreement no improvements are required prior to the record asian of the final map for this site however where such has not already bonded additional bonding to secure the placement of server survey monuments is required prior to the recreation of a final for this site condition number 16 amended to say prior to the recognition of a child final map for this site and update to the approved master traffic impact analysis must be submitted and approved by the Department of Public Works southbound right turn lanes on Shaba Road at school driveways and a bus turn out on the south leg of the sky Canyon Park Drive Shan burrowed intercession are required unless otherwise allowed an approved master traffic impact analysis and condition number 17 amended to say prior to the recordation of a child final map for this site an update to the previously approved master drainage plan and technical drainage study must be submitted to and approved by the Department of Public Works prior to submitting of any construction drawings or the issuance of any building or grading permits whichever may occur first provide and prove all drainage ways recommended and the approved raters study update thank you good EP Paul Kenner representing the applicant we appreciate working with staff on amending those conditions and concur with their updates I thank you this is notice there's a public hearing anybody from the public wish to be heard on the item number 14 seeing none I'll close the public hearing and this is actually my area and you agree to all the amended conditions if there's no other comment I would like to just make a motion to approve item number 14 with the acceptance of all the amended conditions you've heard the motion please cast your vote and that motion carries thank you mr. chairman and item is final action this evening unless appealed to the City Clerk's office within seven days okay moving on to public hearing items item number 15 abeyance STR seven six eight eight eight applicant owner square trades holding LLC for possible action on a request for a site development plan review for a proposed eight unit multifamily residential development with the waiver to downtown Las Vegas appendix F parking and landscape requirements at six thirty eight north 9th Street Ward 3 staff recommends denial staff report please mr. chairman do the due to the proposed parking and landscape buffer waiver staff finds that the proposed development is not appropriate for the subject site as submitted therefore staff recommends denial please note that there is an updated staff report and your supplemental information packet reflecting changes due to plans revisions provided by the applicant thank you thank you please state your name for the record mr. chairman commissioners Nathan Taylor 84 14 West farm represent applicant I promised some of you I'd be very brief tonight because there's a golden Knights game coming on I know we all want to get to that I'm not gonna give a big presentation on this because you had one in August the bottom line is that several of you including you mr. chairman made some suggestions on reducing the size of the footprint that's what we did and it took us two months obviously to come back and get the new staff report done so we could put additional landscaping I believe my calculations and I'm not a mathematician but I think we've got about 75% of what's required on landscaping now we've reduced each unit by about four hundred square feet they were all over about a thousand square feet so in total we reduced the footprint on this property by about almost 5500 square feet and with that we just so request your approval thank you thank you mr. Taylor this is notice there's a public hearing anybody from the public wish to be heard on this item seeing none I'll close the public hearing and open it up to the Commissioner Commissioner schlattman yes chairman I remember this one I was had many different thoughts on that last time I came through I know that you had comments a the elevation has been revised instead of it being thrown unsaid the last second they actually submitted to the planning department the area is traditionally blank expression was you know facades with uh on all the apartments in this neighborhood and no landscaping and you know so this is it will be nice to see something come in with some landscape at night and I know that they're planning on building a lot of projects around town as we've seen on our agenda over the past couple of months and kind of encouraged them to start working on some of that stuff before they bring it to us so you know if there's no other comments we're gonna make a motion I just just like to say appreciate you guys taking into consideration and working with the neighbors and reducing it and giving back a little bit more greenery around the area it definitely needs it so I just want to say appreciate that thank you okay mr. chairman on item 15 s dr 7688 would move to approved subject to staffs conditions you all heard the motion please cast a vote and that motion says Thank You mr. chairman this item will move forward the City Council be heard as a part of their agenda on November 20th 2019 Nexus related item 16 through 19 item 16 GPA 77243 Apple canola sheet Lynn land LLC for possible action on a request for a general plan amendment from office to dr desert rule density residential at eighty eight five zero and eight six zero Shetland Road Ward one staff recommends approval I remember seventeen gon 77244 for possible action on request for a rezoning from CD design commercial to re residential estates Ward one staff recommends approval item number eighteen su P 77245 for possible action on a request for a special use permit for a sixty five bed convalescent care facility nursing home use at Ward 1 staff recommends approval in item number nineteen SDR 77246 for possible action on a request for a site development plan review for a proposed 3,700 square foot confident citizen care facility nursing home and ward one staff recommends approval can have the staff report please mr. chairman the proposed general plan amendment and rezoning will match the jacent properties to the north of the subject site and staff supports requests staff has also determined the proposed development is compatible surrounded development in the area and that the requested landscaping exception of planning materials will not have a negative impact to the existing single-family residential dwellings and commercial developments surrounding the site staff therefore recommends approval of all applications please note that there are additional letters our protest and support since publication thank you thank you please state your name for the record AJ plank 10024 Willowbrook pond representing the applicant I didn't catch your name it was an aged a plank the the project is for a 65 bed assisted living facility with a focus on memory care an Alzheimer's dementia the applicant felt that this is a really appropriate spot for this use being close to the medical district having an aging community nearby and it's a very very underserved use in Las Vegas Valley what we're proposing is actually just changing the zoning and the general plan on the front parcel that's up against Charleston to match the back and so we're essentially downgrading the land and to a residential zone that would be compatible with the convalescent care use for the assisted living we have worked hard to make sure that we design a site that's compatible as much as possible with the residents adjacent by focusing on access from charleston and limiting access on shetland as much as possible unfortunately because of requirements for fire truck access we're not only able to get the site to work out with no access from shetland at all but other than you know those concerns the use is it's very complimentary it follows the zone it's it follows the CD overlay even though the overlay may not apply anymore once the zone has changed single-story 20-foot tall Macs all of the setbacks are respected all the landscape requirements are respected and we'd like to see this project move forward thank you any other comments okay this is notice as a public hearing anybody wish to be heard on these items please come forward and if you would please state your name for the record thank you hi my name is Alice Hart lling hmm sorry I just had a cold this week I live directly across the street from one of the residential properties farthest north of so there's three properties here two of which are currently residential this neighborhood is historic it's been a residential horse zone Equestrian Estates neighborhood for 70 plus years and none of this fits none of this is compatible putting 65 people that in a lockdown 24-hour business is not rural having 20 plus staff members is not rural having people come in for 24 hours a day in and out visitors ambulances possibly people getting out of the facility accidentally you never know it does not fit this street at all thinking else thank you Hey we have three Mike's guys just to keep this movement and flow and just line up and as soon as the spot becomes empty fill it please state your name for the record good evening commissioners my name is Chris Andres pee and Dean Ras FA why I live at 825 Shetland which is right across the street I oppose this project I think it's completely inappropriate for what it is and what it's supposed to be or what it has been in the past this is permitted as a principal use the zoning district by right so what we have here in this in this rendering is Shetland here on toward me and Charleston here this originally has three properties these these two one two our land use single-family residential estates that's what they've been that's what they've always been and they're valuable properties they would be developed in a second I mean they were bought in 2013 and 14 the property the second one 2014 had a dwelling on it that was torn down the front property that's on Charleston is commercial and you know the residents here aren't against development we just want it in what it works for the community works around it you know to residential homes and they and the commercial office space I mean mr. Steinberg has many of office spaces around this community putting one here would be perfect and keeping these homes ass homes I think fits in best and think that's that's why I asked the Commission to do and and keep things as they are thank you thank you hi Randy McDonald 808 Shetland Road Louise your name is Randy MacDonald they do a shell and Road I live three parcels up from on that side of the street and I've lived there for 20 years and those two Lots there they were saying those are the only two large re Lots left in this area and they've been there for many many years and the impact of this facility entering it's hard enough to enter onto Charleston from Shetland to get across the street and to make that to add this traffic to back up there's not a light there there's nothing there it's gonna be really difficult to do also those two parcels that they weren't talking about to make them the third parcel residential we're on a well Shetland Water Association those two lots are weld and have water what is their plan for the water that they are also my personal opinion would be that there's an a buffer love there's there's a residents has lived to the north of the properties he bought that property a while ago who were thinking that there was a house there was actually a house on the third lock down now to have this facility come up against him would be for me if I lived there would be really bad if there was a buffer and they did took the one lot and then there's the existing commercial property that would be something more I think that we may be able to deal with better less maybe less traffic a little buffer for the neighbor that bought there already a lot of years ago and is developing and then we got this project coming up so I'm opposed to this thank you thank you hi my name is Toni McDonald I live at 8:08 Shetland Road she laid two houses down from the this property there our side of the street here only has a total of seven houses because we are on about an acre lot and basically this is infringing into almost half of our street and years ago I we have so much traffic on our street as it is years ago I tried to obtain speed humps or some sort of distraction because we have an immense amount of traffic on the street this is only going to commercialize our street even more and that was that was not approved but I don't understand this is rural estate zoning and we were told at a neighborhood meeting that this these adhere to that zoning and I don't understand how you could have 60 some-odd bed Convalescent Center that's zoned can I do that on my property is that what is that what I'm really confused as to how this is zoned for what they're trying to put there on these two house Lots home Lots but anyways I am definitely opposed to the project thank you thank you please teaching in favor hi my name is Felix Ariana with a 1 HMI Road I'm the neighbor from the propria on the north side and about two years ago this can you spell your last name for the court please Arellano a you know a 1hn I wrote about two years ago these people on the property called me and tried to buy my property because they want to build a bigger project which is back there was a apartments for the medicine for the university for the people to live in the apartments and of course I know so my property was I buy the property to live on it because I like the area and then now these people is come in and tried to build this facility next to my property they planning to do all the service today non-silicon behind the property so I had to deal with the Liberals leaning trust trust everything over there and it would be another noise besides that there will be expenses for me because the power had to be on the ground and I know how that kind of money $170,000 to underground my power because there's only one podium a property in another pole in the property and besides that you know I will post because I don't want a commercial facility next to my house you know I had the most affected about this project you know if they be able to build this stuff so maybe I change my mind and build something commercial and my property to you know couple years ago I buy a big piece of property in Charlie's sternum between muhabba and papers I tried to the Bellamy would you guys make so hard for us that I had to sell the property also most impossible I don't know wife is because these people have a lot of money or they have connections in sigh or whatever but I mean these people basically in the last meeting we have back then with all the neighbourhood they say basically this is done deal we know we have to ask for premises and I'm not really understand how this work you know because if they can do whatever they want so we be I be able to do more about one two you know and I'd really really opposed to this project because that's a residential properties next to my house the next two and I want them to build a house or something ours over there no commercial property and I even offered to buy the properties from them I can buy the properties I mean thank you Thank You anybody else from plumbing who should be heard seeing then I'll close the public hearing PJ please if I could turn your attention to the renderings showed this shows the that the the proposed facility is actually designed with a residential character it's very low it's very unobtrusive to the neighborhood if I could ask what the site plan be pulled up is it possible from the application while that's coming up we I'm sorry the design site plan is that part of the that's okay I wanted to illustrate how we had tried to design it to have the least impact of the neighbors as possible the building is pushed as far towards charleston as we can and still get the access we need so there's a 35-foot buffer along that north edge like I said we tried to keep the driveway as far north on Shetland as possible so the traffic doesn't mitigate chatlin but I think overall we feel that this is a really low intense use for this site for what it could be we're talking about 65 beds of assisted living with a memory care focus it there not a lot of people coming and going there are people it's essentially treated like a residence it's just a business so the intensity is not there it's not a commercial project it's just a business there that operates residentially and by the way I have Jerry Taylor with me who represents the operator and could answer any questions about the actual use and what goes on inside the building if the neighbors had any questions or if the commissioners have any questions about that yeah that's the site plan I was looking for thank you as you can see we really tried to push the the site so that access was as far closer to Charleston as possible we could have easily wrapped a access around the north part of the site which admittedly would have made for more traffic on shetland deliveries and things like that closer to the residences so we were trying to respond to concerns that the residents may have ahead of time and we feel that we've done a good job with the within the codes that are allowed all of the access and all the deliveries and all the parking is along the west side adjacent to the other businesses all you is a access from Shetland close to Charleston that's just for the drop-off area and actually that driveway is needed for the fire truck in order to serve the building so again it's designed to try to respond to the neighbor sensitivity as much as possible but on a density level it really is low density residential use it's just I think there's there's a perception that it's commercial just because they operate a business so I think unless there are any questions before I turn it over to the Commission I just questioned myself and and it was in my notes too and it was raised here tonight deliveries are they gonna be just at certain times of the day like maybe 9:00 to 5:00 kind of stuff thank you for time Jerry Taylor as mentioned typically a community of this size we have two large deliveries a week at most that's generally gonna be for food it's gonna be during normal business hours and per the drawings is gonna come right off of Charleston so there's not an abundance of deliveries at a community this size and my other one was is there certain like hours of operation where be less staffed and during the day 24 hours yeah so obviously we provide 24-hour care for the senior population suffering with dementia and alzheimer's with that becomes 24-hour care at peak hours were generally gonna be maxed 25 employees so 20 to 25 employees we do generally work on shifts so kind of a typical 6:00 to 2:00 2:00 to 10:00 10:00 to 6:00 shift work so you're not going to see drastic traffic in other hours that would impact the other flow of traffic during the day is that a total of 25 employees or 25 per shift so that would be a max that would be a peak so overnight it's gonna be drastically different peak for a community size is gonna be closer to 4 or 5 if we think about Monday through Friday business hours with a full team executive director everybody on the department head team peak would be that 25 number the rest of the time it's probably be half that thank you okay at this time I'll turn it over to Commissioner Brogan Thank You mr. Sherrod I do want to make an mm-hmm make it clear that I do live in the notification area but this project won't affect me any greater or lesser than the general public so I will be voting on this matter tonight it do you have some questions for you mr. Taylor how many of these similar facilities do you operate so currently we operate four of these communities we have one in Gilbert Arizona one in Clearwater Florida Cherry Creek Colorado Fort Collins Colorado or the four they're operating we also have five other developments outside of those four are they similar size to this project similar size we had we operate one other standalone memory care community just like this in Fort Collins Colorado at 64 beds so almost identical to what's being presented here today there was some concern raised by the neighbors this evening about you know increase the noise due to the comings and goings of ambulances to this facility is that your experience you know certainly given the population that we care for there is an impact for ambulance in nine on one it is very hard to say exactly what that looks like there's situations at our Fort Collins memory care community it might be once a week sometimes more frequently it's hard to say exactly what that looks like based on the population thank you unless anyone else has any other questions I just want to make some comments and then no okay miss Hart Lane mister I'm gonna mispronounce your name and just spray and mr. mrs. mr. and mrs. McDonald and mr. Orry Noi thank you for coming out tonight I'm sorry mr. neighborhood meeting but I was out of town for that I did have quite a bit of time to consider this project living generally across the street from this I'm sure that one of your major concerns as his mind is that it is consistent with a single-story overlay that we have down Charleston Boulevard and it does meet that and looking at the renderings of the project that was provided by the applicant right I can't say that this is a project that's going to be too intense for the neighborhood it is a use that's allowed in residential neighborhoods as a conditional use I think because it is in this manner to be developed in a similar way to residential homes although of course they're not homes I am concerned about noise but again we live on Charleston Boulevard and there is loud noise my property also borders a commercial property so of course I'm very concerned about deliveries to the commercial areas and how they impact the homes but in in my experience it's it's not as terrible as it sounds here tonight when you're considering this undeveloped property so with those concerns being expressed I do think that this project is appropriate given the commercial uses in the neighboring parcels to the west and the one to the to the east I do think that the staffs findings are appropriate and unless there's further comment I would make a motion make a motion subject any conditions on item 17 zero and seven seven two four four you've heard a motion to approve please cast your vote and that motion passes mr. chairman I'll make a motion to approve item 18 su P seven seven two four five you've heard the motion please cast your vote and a motion passes and finally mr. Chairman I make a motion to approve item 19 SDR 77246 also subject to any potential conditions you've heard the motion please cast your vote any motion passes mr. chairman those items will move forward to City Council we heard as a part of their agenda on November 20th 2019 next up related items 22 23 item number 20 GPA 77278 applicant charlie convoy owner square trades Holdings LLC for possible action on a request for a general plan amendment from medium low density to medium density residential at the south east corner of Sand Hill Road and Spinal Avenue war3 staff recommends approval item number 21 0n 77279 for possible action on a request for a rezoning from re residential to our three medium density residential board Therese staff recommends approval item number 22 var 77044 for Pottsville action on a request for variance to allow 38 parking spaces where 40 required for proposed multi-family residential development war3 staff recommends denial as another item number 23 STR 77280 for a possible action on a request for a site development plan review for a proposed 28 unit multifamily development with a waiver of landscape buffer requirements were three staff recommends approval dan iel please staff report mr. chairman the proposed general plan amendment and rezoning would allow residential densities comparable to other multifamily residential developments surrounding the subject site staff therefore recommends approval of the general plan amendment and rezoning applications however staff finds no evidence of a unique or extraordinary circumstance to support the applicants parking variance request and recommends denial are there are many applications please note that there are additional letters of protest and supports as publication thank you thank you please state your name for the record mr. chairman commissioners I'm still Nathan Taylor 84 14 West Farm Road representing the applicant and honor the Golden Knights I'm gonna be brief tonight I appreciate Commissioners times prior to the meeting with information on this project we did hold the neighborhood meeting on September 18th one person attended from the neighborhood their only concern at the neighborhood meeting was that we post a sign on the property with the property management company's information in case there are any issues with the area that they can contact the property manager and in relation to the variance for the parking were only two parking spaces short and in relation to the landscaping aware that we're requesting if you look at the exhibit right here this is where we're deficient here and this is due to the fact that how the parking spaces are angled and with that we would just ask that you follow staffs recommendations for approval I'm here to answer any questions you may have thank you miss teller this notices a public hearing anybody from the public wish to be heard on these items seeing none I'll close the public comment turn over to Commissioner Commissioner schlattman yes mr. chairman and through you just a few comments that I think it's I think it's a good community that will bring more house into the east side that we need and like to see as you're developing more properties I know Councilwoman Diaz would like to see more two-bedroom units versus all one bedroom and and in studios however I won't make that any kind of condition we won't even discuss that on this project but just something moving forward to taking into consideration we're two parking spaces off on 40 and understand where the landscape and waivers coming in so and I know Commissioner Toussaint used to live on Sand Hill right you don't have any idea so if there's no other comments ready to make a motion please do yes mr. chairman item number 20 GPA 77278 moved to approve so Jake staffs conditions you've heard the motion please cast your vote and that motion carries item 21 CO and 77279 moved to prove subjects test conditions you've heard a motion please cast your vote and that motion carries item 20 var 77044 based on testimony today I would make a motion for approval subjects test conditions you've heard the motion please cast a vote and net motion passes item 23 SDR 77280 based on just money today yeah I moved to approve subject Steph's conditions you've heard the motion please cast a vote and that motion carries Thank You commissioners and mr. chairman those items will move forward and be heard as a part of the City Council agenda on November 20th 2019 moving on related items number 24 and 25 I don't have a 20 for var 77275 applicant owners I Diane loving her for possible action request for a variance to allow 38 parking spaces where 62 spaces are required at 80 311 Farm Road Ward 6 staff recommends denial item number 25 SDR 77276 for a possible action and request for a site development plan review for a proposed convinced conversation of a single-family residence to a 6000 179 square-foot banquet facility with a waiver of landscape buffer development standards Ward 6 staff recommends denial staff report please mr. chairman the proposed development fails to comply with the minimum parking and landscape buffer standards as such the required variance and waivers reinforced the unsuitability of this site for the proposed use therefore staff recommends denial of the project and all associated applications please note that there are additional letters of protest and support since publication thank you thank you please state your name for the record my name is Diane Levenger I'm the only the owner of the property I lived at 65 33 Rio Vista Street so yeah we've been through a lot on this property and as many of you probably recall we at one time we're a short-term rental and it wasn't really a great fit for the property we relinquished that license and made a GPA application and so that was approved now we're just talking about how to utilize the property with parking so regarding the the parking spaces this is really a place that'll cater towards smaller more intimate events and in in the case if we did have a larger event we could very well condition it to where we had to require them to shuttle and people just over the freeway won't show on this map but just over the freeway here there's a public parking ride which has plenty of vacancy that we could use to shuttle people in so that was one option we've considered as far as getting a better capacity in being more efficient use of our space when it comes to landscaping this is an existing or was a residential use now converted to a a commercial use it depends on which property line we're talking about but in the case of the South property line here there's an existing park here that really buffers this residential area from from our site so we feel that's plenty of plenty of buffer that would be needed there's very mature trees just on the other side of the wall and we still have trees on our side of the wall as well I brought along some some photographs of the of the existing this is the east wall and there's we feels plenty of buffer and this would be the west wall we have very mature oleanders there this looks south you can see the the mature trees on the south side of the other wall that's where that Park is and then this is the one facing farm Road and then this this area right here is going to be a parking lot so that's going to get torn out anyway so I'm here to answer any questions or concerns you may have this is notices a public hearing anybody from public wish to be heard on this item mr. chairman commissioners Nathan Taylor a 414 west farmer as a resident in the area I hope you approve this project thank you thank you anybody else wish to be heard on this all right seeing none I'll close the public hearing and come back up I got it this is my area so I got a question for y'all started out here you know we had that lengthy meeting and I don't see the drawings that we looked at your house as far as showing that you meeting the parking that you talked about in then yeah that was discussed I think I sent you an email after that that we that would be presented there there is a secondary plan that we didn't have time to submit to the Planning Department that we could get very very close to that to that requirement of sixty two spots and what was that number I thought we met that number by doing that front parking and all along the side where you just showed that picture if you move a couple of these pictures out of way you have some dumpster parking over that I was all supposed to turn into party no put the picture every time out this one here yep yes so when we had the meeting I thought that that had met the requirements this was the one that was on the application that was submitted this gets us to I think the 38th that's on the application originally we the way it was drawn we didn't realize that we had a lot more space that we could use on this side of the asphalt which would affect who effectively double our parking so but yeah we have the site here on these on this corner of the property and yeah we fully intend on getting maximizing the use of that property we were just up against a deadline to submit the upgraded there the updated plan to the to the Planning Department do you have that with you today oh we may mark you have it we do not have with us okay told you to bring that yeah and I was and maybe I misread the moment okay so and I just wanted for the fellow commissioners to be able to see that we've worked on that to try to get exactly what was needed based on what you told me your architect said it would work sure and that when we talked to believe Peter Lowenstein it was just a little too late to submit however you'd bring it here for everybody to to witness that which to me it's huge also when it comes to the trees you know we discussed that at least 36 inch box trees along the wall that backs up to the residents especially the gentleman that came here and and protested against your short term at which now from what you told me you guys became friends or whatever and yeah he came to us later and he basically apologized and that he wanted to support all the act you know all the action that we've made on the property and so he's on board to my knowledge I do not know of of any neighbor that opposes okay I guess my next question would be for staff so there's this is with this vote V final action or does it move on to City Council this vote this evening would be final action so in the absence of a revised plan that we could work from to make corrected conditions I would be hesitant to try to do a revision without any plan to even put on the record as of this evening since it is final action you could abate and allow them time to then submit that revised plan otherwise you have the plan that's before you tonight and there lies the problem so this would push needed to know them to the I present that back to the planning Commissioner what I presented to the City Council in November they'd be back it would be to the Planning Commission which would actually because this has been put forward as final action and abeyance actually wouldn't it would still saving time because the final action in the first meeting on the 12th is before the 20th so technically you could obey this until the 12th of November it would still get him out yeah it's still getting out faster than if you had to go to City Council okay so I get final action on the 12th with the revised plan is that if it's proved if it's approved I mean they still have to vote ultimately but yes barring a denial then yes you would have final action expected and be done on the ten days from the 12th because you'll still have the Appeals period okay okay so we respectfully request that you obey it yeah will day okay and he agrees so you guys all heard the motion and I can make a motion to obey unless you have a comment okay mr. Chairman I believe that you you I don't want to beat this thing up you asked for a site plan you didn't get the site plan you need to make sure you get get that to the chairman and I want to be really clear on this to it because there's some comment about if it goes some Planning Department playing the Commission you need to submit that to the Planning Department as soon as possible so they can process it and put it in our backup so we can read it before it comes to the to the Planning Commission because just because you give to allude to salvia Commission vice-chairman to salvia doesn't mean we'll be able to see it so it needs to go through the planning department and then we'll all have access to that understood thank you and it was because we had the conversation it was late I said at least bring that so we can least all vet it together but again yeah banned it's gonna be the best bet yeah I must have misread the and you know like I said I want I'm in favor of it I like it I just want to make sure that everybody understands what we're trying to do here and try to I see you don't have anybody here like last time against it so something's working obviously yeah I appreciate it and I make a motion to obey it for 30 days and that's the motion and sure you could hold both of the same time 24 and 25 okay thank you 20 so I can make that one motion okay one motion to hold a bait wente for and item 45 thank you you've heard it please cast your vote and a motion carries and mr. Chairman I would just ask that the applicant provide that to my staff within the next week absolutely Thank You mr. chair we just repeat that date that to me held until it will be held so the November 12th Planning Commission Dayton okay related items 30 and 31 item number 30 var 7 7 4 1 9 applicant Mike Ginty owner city of Las Vegas for a possible action or request for a variance to allow a termination of a public alleyway in a dead-end stub where a cold Asako is required on a portion of 20 foot wide public right away alleyway segments bound by Fremont Street and Carson area 13th Street and 14th Street in Ward 3 staff recommends the diet denial and I don't know a 31 BAC 77293 for a possible action on a request for a petition to vacate a portion of the 20 foot wide public right away alleyway segment and ward 3 staff recommends denial staff report please mr. chairman the proposed vacation would create a public right-of-way terminus with no Col de sac or other alternative access from the alley staff find no unique hardship to support the various requests and therefore recommends denial goes applications please note that their additional letters of support and protest since publication thank you thank you please state your name for the record good afternoon commissioners my name is Sarah ganti Mike and he is my husband we reside at 1266 finale lane Las Vegas Nevada 8 9 1 1 9 we've been part of the downtown project since 1995 when no one was coming downtown we did the assisted living facility on 14th and Fremont in 1995 in 1996 we requested for part of the alleyway to be vacated we thought we had requested the entire alleyway to be were vacated but only part of it was the alleyway at that time from 96th up until 2017 2018 when I updated the property updated motel into residential facility for elderly but as steel apartments went to 12 you we had that part that we're requesting it was already blocked off for all of those years both sides and no one complained as a matter of fact we've gotten all of the real estate owners to agree that this has been the best thing that has happened to that piece of property since the only way I could get a certificate of occupancy in a business license I had to take down the block wall on the seagull sweet side I had to take down the block wall in the alleyway side of Carson and 14th between the two buildings and the laundromat we have had nothing but a series of break-ins since that point they've broken two of our columns you're driving through that like maniacs we cannot control it we're having to pollute the metro come in constantly and try to assist us we're doing constant calls we didn't have this problem when those two block walls were there everybody agreed that it was best for that area and since we are now bringing you know as the Fremont Street progresses and goes down we're now having to deal with the homeless population we're now having to deal with the drug propagation we're now having to deal with prostitution in that same alleyway all of a sudden and we can't spend five or six hours trying to take care and shoo off the homeless take the carts out to make out all the garbage I personally paid over $10,000 when I renovated that property in garbage just ended um stirs so you can imagine what we're doing daily we cannot even put our dumpsters into regular activity we're doing it for nothing more than to clear out daily over and over again if I pick up one more condom I'm gonna go crazy it's just that bad I know you guys don't see it you don't deal with it every day but the property owners do and it's getting to a point where we're at Maryland Parkway in Fremont that's where you stop so far with all the new renovation so I'm having to deal with all of this garbage that's coming toward me right now we can't do a business we've got everything on the opposite side closed down I mean literally closed down and I'm thinking about selling the property I don't want to I've been a part of downtown since 1995 1996 I shouldn't have to constantly fight against what should be a normal you know I'm paying to stand before you to beg please let me go back to the way that it was for the last 15 years if you look at and go through Google Maps you see the block wall we've got a 20 foot that utilities say that they would need for turnaround we measured and it's not 20 feet the utilities the garbage company they all have to back out they broken walls trying to do a turnaround it is not possible so what you're stating that we need it is not it's impossible to get because it's not there it never was there the property is broken up segmented in in a way that you cannot do a turnaround and when it was vacated in that manner you still can't do a turnaround so I am asking that in order for me to run a business properly that we be able to do what Segal Suites has agreed the laundromat that was burned down due to homelessness and just came back online agreed what the assisted living facility which is an 88 bed facility has agreed what the apartment building across on 14th Street has agreed the six unit has agreed that eight unit has agreed I don't see a problem if all the owners are in green upon this that this is the best thing that could possibly happen to this vacation and variance why can't we go along with it turn around turn around which would be about 45 feet yes okay and so and if they did this this is pretty much block an alley where whoever comes down is gonna have to back out and and like to hear from the fire department as well on what their thoughts are backing out down Ali versus pulling straight through the the fire department doesn't use alleys as any access points so we have no issue with this okay perfect so this would be more long once of public works and serving utilities and whatever else okay can I answer one other question please not right now okay so you state that none of us go down there and none of us pick up condoms and needles and whatever else up the street have you ever seen the three storey lofts the sheetmetal lofts right across the way from you oh yes I built those there was needles on that property I spend a lot of time there have you ever seen the others a little further down I built those as well so I know the area I live in the area and we don't just put up fences to keep people out and think that that's gonna solve the issue when it comes down to things such as this you're basically taking a portion of the alley and blocking up and note that it might have this way for four years I remember the laundry map that that caught on fire and other things one of my problem says when when you pull down an alley and you don't know it's closed down then you have to back all the way back out of that alley you know if it was something where all the neighbors wanted to get together and put you know block up the street or block off the alley at the street on Carson 13th and 14th I would be a little bit more open to it if you can hold together all of your neighbors but just shutting down a little portion of this well if I'm not mistaken we all agreed that we would do that but we thought county commissioner wouldn't agree upon it that's why we stopped it at my property yeah well I think when we if if you owned all the properties going up to a particular area or the whole alley was shut down the problem is it doesn't allow you know Republic Services now Republic services have have to come in on three different streets just to hit that one little block where they typically pull in and go around the corner and go up and down the alley I've seen them do it many a times in other Elie's downtown so I mean it's just Creighton is creating like a weird awkward situation that alley that I really don't feel comfortable with I'd like to see what some other fellow commissioners think because at this point I'm not really feeling too comfortable with this equation overly Thank You mr. chairman you know ma'am I also used to live the next block over and I would spend time sweeping the sidewalk and and and dealing with the homeless who used to sleep right in front of my home and having to deal with that and it's a problem it's a real problem and even our City Council is struggling with a solution to that problem I just don't think that this is it and I would support Commissioner Schlacht man's opinion that this is probably not a very good idea and I would encourage you to reach out to the neighboring properties and your City Councilwoman to discuss possible solutions for that location that don't involve you know a potential public safety issue and it's certainly an issue for Republic Services one other comment please we suggested at one time that a breakaway fence if that if the utilities were of concerned we also put underground we paid for the underground utilities in that area ourselves up to 60k I just think we have gone above and beyond what the city of Las Vegas is requiring this piece of property was closed down for years and years with those walls there the utility companies the Republic service could never go through that property anyway they could never always went to the 13th and that little part of the alleyway there and picked up the garbage the garbage was never picked up on inside of the property line what we are talking about is it is not it's like you have the hotel coming off a Fremont Street and then you have another three units on the backside of that Jason to the laundromat all we want to do is just segment that little part off between those three units and the alleyway that was already cut off to begin with that we did in 1996 we're not asking for all of that to be segmented off just that little portion where we don't have to worry about going out in the middle of the night and if you can see the gunshot casings for metro this is not it is just not safe literally it is not safe and if you want business can to continue in this area I think some leeway should be given I think we sit this should substantiate at least some leniency toward looking at this further ok question to me again which property is yours because I see which one's been the alley that's beaten vacated but is that the one the apartments with the that has recently been remodeled that as well as 100 South 14th we did in 20s fit it was a burned down building we turned it into an 88 bad assisted living which we've now leased out to a assisted living facility we did six units which we then sold we are now doing the apartments and we want to do a restaurant in the front portion of that but it's just not safe if you have cars and coming from Fremont Street onto this little area where you've got 12 units and there's not even 20 feet in between it and cars are coming going this way going out and then coming in and shooting out the other way as well we've we've gone with the parking and between the parking and the cars for the residents there is nowhere for utilities to back in or out to begin with this was a really weird made visibility I will say this I think you're doing an excellent job over there I've been watching you for years and you have my support on the projects that you're building and you do an excellent job so I appreciate it all that I I do think that there's a lot of people here that you're unaware of that has a significant you know interest in that neighborhood and it was Jeff when commissioner Rogan when he was living there when I built the two communities and mr. buddy fish Craig Palacios sitting at the back his architectural studio is just you know that block and a half away from there so there's a lot of people here tonight that that has an interest in this neighborhood and we're all aware of the issue and one way that we'll get rid of the issue is doing what we do continue and to improve the neighborhood good people such as yourself building projects and improve in that neighborhood and one building that in time we're improving it I remember back in 2005 when I first moved out here people thought I was crazy I said this is the best neighborhood out they were built in you should't seen some of the neighbors neighborhood said I was building in Texas they said if you cross the highway you'd be shot don't don't go by my houses but we built the houses and everybody kind of built houses around us so I think I think with more redevelopment and when I moved out here you couldn't walk on Fremont Street in Las Vegas Boulevard without somebody selling you something and now you can walk all the way up to your properties and you know I I feel safe there so it's coming around I I just don't still don't like and I don't think we're gonna be able to convince me tonight that shutting off that little portion is gonna be over okay I think if you got everybody on board all the neighbors and you know wanted to shut down all of it you found some way to to make that happen and y'all come and talk talk to me before they mean I'd be made more open to looking at something like that but I'd like to see more of the whole neighborhood right there coming on board with the unified idea now where when you refer the whole neighborhood from what straight to about three hours the whole tle yeah all the adjacent properties anybody who can access the alley anywhere on from any of the three streets okay so this will are you putting this in abeyance or you sending it on to City Council I think we're gonna make a motion on this tonight and it would mean yeah and then this would go to City Council you can work with you other neighbors before it goes to City Council and see if you want to make any kind of modification if you make a modification to it you'd probably want to talk to the Planning Department because it might need to be Reno tiss for a larger vacation or something of the sort but talked to the Planning Department after we make our motion and they can kind of help guide you on what needs to happen talk to your council person as well commissioner i mean i councilwoman Diaz and she can kind of give you some guidance and what she would like to see okay thank you very alright Thank You mr. chairman on item number 30 var seven seven four one nine I'd move to follow staffs recommendation for denial you've heard the motion please cast your vote and that motion passes and mr. chairman item 31 V ace vacation 77293 I would need to follow us recommendation for denial you've heard the motion please cast your vote and M motion passed mr. chairman those items will move forward to City Council and be heard as a part of their agenda on November 20th 2019 I would just mention to the applicant if she would like to reach out to Jonathan Boyles who did your the staff report he can help you walk through what would be necessary if your neighbors want to join the vacation request and what we below to do from there thank you moving on to item number 33 var seven seven one three six applicant owner Juan Manuel Flores for a possible action on a request for a variance to allow to existing insects restructure its class to shade structures with zero foot separation from the principal dwelling and zero foot site yard setback where three feet is required and to allow the accessory structure to exceed the height of the principal dwelling unit where such is not allowed at four zero four six zero five loop at Lane ward one staff recommends denial staff report mr. chairman this variance request is the result of a code enforcement case which was processed on June 11th 2019 for to existing non-compliance shade structures located on the subject site no evidence of the unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by building unpermitted structures and locations that are non-compliant with title 1906 development standards therefore staff recommends denial of the applicants request for variance please note that additional letters of support and protests have been received since publication please stay tuned for a record one when wells Flores 4605 ladybird Lane which I talked about the application please I bought this property in 95 has been going to a few changes trying to conserve water my water you see was really high back then now I'll use about 20% of that for that reason I cut down most of my my trees and and kept a small garden in the back and I concrete the whole area except for a few areas in the back and talking to my wife having a meeting with my neighbors you wish to submit that for the record yes okay and what are you submitting I'm submitting letters of support for my neighbors we have so far three meetings and one of them mister attend you were present and our meeting no well maybe I'm mistaken we have three meetings and which one I I sprained my neighbor's what I was doing in all of them you know they like my idea because it's an open canopies they don't have no roof to it that's just open the one in the front mainly is for the statics at the property that way the country looks don't look so bare and it's not close I contact my immediate neighbor to the property that I'm close to it and they gave me their signature yeah and in our meetings all my neighbors were really you know they like my idea and so far after they were built you know they came by and they liked it and mainly you know what I like the idea that I my property doesn't look so bare and saving water at the same time you know and that's mainly my I didn't know the mister Larios was supposed because we invited one time and he didn't go to our meetings and after that I didn't want to bother him because you know he probably wanted to be to himself and you know respect this to me is the first priority in the future we planning to have more meetings for the neighbors to give a little makeup to our neighborhood you know ss old so one of our oldest neighborhoods and I just I just hope you know this is approved you know anything that I had to redo or fix are there any recommendations I will follow thank you this is notice as a public hearing anybody from the public wish to be heard on this item please step forward state your name for the record mr. Flores if he could just step back there thank you Larr a Z as in zebra I live at 4605 in epod Lane now I don't I didn't live there before my brother who passed away two years ago came to you guys because he want to build a unit in the back for a recreational force to do whatever was I was in living there at that time and you guys denied that idea because it was too close to the wall to the neighbor you know here come two years later the neighbor come with three or four friends from work and built what he tried to call them back shed but if knowledge is an apartment yet doesn't have a glass door window night in the porch and everything else but he had the support of Tony Arroyo and Lisa from the from the what do you call quorum enforcement they they con him and the guy across the street we seen sitting here supporting him they control the block I have three businesses in downtown I'm laughing because you guys then I something the doll lady was trying to do I had a business online series and stick to this application please stick to this application I don't think that somebody can come over and build something and we saw any plans or anything I'm recording for my lady I talked to Billy 17 times I put him in the newspaper a million times and the front page and page six and a seven I put him everything I live in a commercial read in the conventional area right now it's not a residential nor a car wash and mechanic construction thing I got two businesses in downtown I have to say that I had to business nine Street and Dentistry when I go home in the weekend I want to rest I have a properly in California I haven't been able to go there in one year because and I tell you why I came here today because I cannot face on you guys you guys are useless in my opinion to be honest for you but I came here because I to put in the record then they told me then if I oppose somebody told me it's a fire you approach this my life was going to be in danger well I'm here I'm going to see who is going to kill me I'm here I want to put down on the record thank you very much next please state your name of the record step back step back finish please now call you up my name is Robert LaFrieda la capitale fr ieda I reside at 4608 Lilliput Lane and my wife owns 4604 Lilliput Lane and directly across from 4605 and one had asked what we had thought of him building a shade structure to appease the property so it doesn't look so concrete or industrial as the man was saying so in that fashion we like to have neighborhood gatherings bring a portable barbecue select call ask invite anybody within the neighborhood and including our officers that drive by that patrol you know and it's like I called up officer Laurie last time and I said hey we're having a gathering and can you make it and she couldn't make it because her son had a graduation but regardless we have a neighborhood community and we all enjoy each other's company we have one individual for some reason he's upset at the council and he wants to lash out at everybody else I was a good friend of the individual and one day he told me he said any enemy in front of my let's just stick to the application please yeah so anyways I'm I'm all happy and good with it and we're the ones that are directly across the street that see it and it's beautiful next to plain concrete you know and it's sort of the purpose the other day were there and I brought him a gift of having an outdoor table and he put a couple of chairs there and the grandchildren are there and you know we've got some mild shade and we can actually sit in the front yard and enjoy it you know and that's what we're here for is to have a tight-knit community and appreciate one another's company all right thank you thank you so much buddy else wish to be heard on this side so please he already said which air to say anybody else wish to be heard come back up so you can have a chance to rebut yes he's referring to my storage unit I make a storage unit under 200 feet like this you know and have a glass door in that glass window you know why make it ugly you know SME storage and I live there so I had to any time I walk to my backyard I wanna be able to enjoy it just once you know him that's all I thank you I'm gonna turn it over to Commissioner right now commissioner Rogan Thank You mr. chair do I do have a question for the applicant mr. Flores you've lived there since 1900 over here you've lived there since 1995 90 actually 97 April 97 I came to Vegas in 95 oh that's a little off right there and you've owned that property since then since there yes well my concern is you seem to have a problem following rules and I'm looking at the city actions by fire building code enforcement case in 2013 code enforcement case in 2017 another in 2017 a third in 2017 a fourth and 2017 another in 2018 and now this one that precipitated you being here before us in June of 2019 I do not hear never been here before no that's not my point you've been visited by code enforcement yes at least seven times since 2013 for doing things without permission or not following the rules and yet again here you've built two structures without obtaining prior approval and without deigning obtaining building permits and and that's great that they look so wonderful in your neighbor across the street likes it but you haven't followed the rules why I know I I ignored the you know making an open canopy was against the rules I didn't know I'm sorry you know the my ignorance that's in now you know it doesn't you know by ignoring but that was that was before that was when I bill I was building my my storage that's when I got visit I understand that but I'm looking at April 8th 2013 code enforcement case was initiated for a carport at 4605 really put lane what you have built here today is also a carport is it not it isn't that cover looks like carport to me you're saying it's not covered no it's not cover it's completely open well regardless do you have any photographs of the backyard property or the backyard start I submit him I didn't receive any idea one could we mr. cherrick throwing mr. Flores one moment yes curry reopen public comment for the sole opportunity to burl AO this gentleman to provide that photographs where we understand what we're talking about with regard to the park yard structure absolutely could you please come forward sir and submit the photograph I tried to do a printout but I don't know how to use it that's fine if you could just put it on the team eighty-eight years old I don't know anything like that I appreciate it if you could just put it on the table so that the overhead can zoom in on it please well what table yeah yep there's some black marks on the table thank you sir I just need to just see that photograph so we could understand what we're talking about the backyard sir hang tight but he just wanted to see the picture not testimony so if he just would hang tight take a seat please that'd be great thank you thank you mr. chairman if that's it if mr. Flores could you step back for it that's the picture at the front and the one in the back is similar in all and could we have the overhead please Thanks that's the front one yes yeah thank you do you have a picture of the back of the rear structure mr. Flores do you have a photograph or no yes commissioner can I just apparently I don't have it but it's actually the same same way bill okay we're moving on Thank You mr. Flores here's the thing I appreciate that this is a beautiful structure and I'm sure if the rear structure looks just as beautiful as this I'm sure it's a great addition to your property but first of all I don't buy that you were trying to conserve water and that's the reason why you were putting this cement in but that that doesn't matter what matters is as this structure doesn't conform to the rules and you didn't seek approval beforehand and although the neighbor across the street likes this the neighbor behind you doesn't like that structure let me finish I spoke with him he's very upset about that structure it's one thing if he had come in and held a meeting and you talked to your neighbors beforehand about a variance and he had come in and to planning and worked with planning and came before us and said all my neighbors surrounding this property support this and I know it breaks the rules we have that a lot but this is not that situation you build something without permission you built it against the rules and a lot of your neighbors or at least one of your neighbors I should be clear to the rear that's most affected by the structure doesn't like it so unless my commissioners fellow commissioners have anything else to add my motion this evening would be to deny to adopt staffs findings and deny the variance that's item 32 var 7-7 136 you've heard the motion please cast your vote and that motion carries and mr. chairman an item is final action this evening unless appealed to the City Clerk's office within 10 days mr. chair if we could I guess we need to suggested time for you mister which the structure should come down and I'm sorry I should have read said that before you took the vote yes I would recommend a 30-day window so I would just ask typically if it were one thing we would say a 30-day window when there is somewhat involved particularly with the back I would say that we would give 60 days to clear the sight of all illegal structures around mr. Flores do you understand that 60 days to take it down both of them okay and if the clerk is okay with us just amending it that way we will want me to take a second vote okay the clerk's okay with that all right we're moving on to item number 33 var 77247 applicant Frank per 1 owner Kelly per 1 for a possible action for a request for a variance to allow proposed accessory structure class to garage with a 12-foot corner side setback where 15 feet is required at 50 12 maverick Street Ward for staff recommends a now staff report please mr. chairman according to the submitted justification letter the applicant is unable to move the structure and comply with the require 15 foot corner yard setback because of existing pool facilities at the rear of the yard no evidence of a unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by placing pool facilities in the rear of the property earlier coordination between pool facilities and proper placement of the proposed accessory structure would allow conforms to title 19 requirements therefore staff recommends denial of the applicants request for a variance please note that additional letters of protests have been received since publication thank you please state your name for the record good evening Frank Bruni PE are Oni 5012 maverick stream I'm Kelly Peroni 5012 maverick Street please council what we're asking for is the way the way that the wall is built I have 15 this actually 16 a 17 foot from the property line from the back into the front I'll have 12 if I get the variance half of it the way the wall runs on an angle so it would start like in the half of in the in the middle of the garage it would start from 15 feet to 12 feet I'm 55 feet back to 70 feet back from the street so I mean as far as viewing wise so I'm asking for that 2 feet so really from the center of the shop or shed or garage is gonna be over it's gonna be it's gonna be over the fit over the 15 feet it'll be over actually excuse me it's 12 feet from the front Eve in the back it'll be 16 to 17 so that's the way the wall sits on an angle that's what kind of throws me off and I'm plenty in enough room from the residence to the corner on the on the left side and we built our pool in the back so you can see it from the back and you can see it out the back so that's why we left this open where everybody in the neighborhood I got over 45 signatures dear Horton built 52 homes there and I got 45 signatures just from knocking and asking and talking to neighbors it's a single-story match the house color wise and I'm just moving it so I got a couple extra feet here so when you come out the side gate so I'm not so crowded if I had to crunch it back it's possible to shrink it down I'm just looking for that two extra feet halfway through okay are you good yes okay this is notice as a public hearing anybody from the public wish to be heard on this item can't see none up close the public hearing and turn it over to Commissioner Commissioner Tucson now I was on your street on Thursday I drove by there and in the past approved structures actually they were bigger than this one like three doors down and I believe with them did one more the motorhome is and usually I don't like variances but you know this seems to be compatible with this neighborhood like I said there are several structures like this in your community and personally I think it's going to look really good and if there are no other comments one question I do thank you my if you go back to the picture that shows the front gate and the street with the pavers stacked I want to know how and where the city stands on that cut that entrance into that which would be access to that garage I noticed if I'm not mistaken it looked like there was some type of utility there maybe a water valve box or or cable just figuring out if he does get the the variance for the garage how would he access that garage legally for the record Roger baby public works blue break standard drawings as we call it prohibit driveways within six feet of the curb return there so they would have to access it through that existing driveway to the south okay so you understand the question I had in his answer right where you you couldn't have a straight shot coming out of that RV area it would actually have to turn in front of that single car garage so kind of sway it yeah they see they talked about that when Darrell Horton I guess when they built this corner lot being the waterboxx the the gate he said you would have to sweep the driveway son all depends how it went and I have no problem with that is just making it you know bending the driveway I just have to change the vegetation which is fine if I have to bend the driveway it's not for an RV to get any I got a trailer a small trailer to get in and out but if that's what it takes that's what it takes yeah just say you're on the safe side that a question so other than Adam thank you yeah like I said I I'm in favor of this you know I always look at everything as though I'm walking out my front door and how would I like looking at this as a neighbor and I think this is going to be an asset the community I believe it's compatible so you have my my motion to approve on the VAR seven seven two four seven you for a demotion please cast your vote you want to make a verbal vote if I could it's not working I vote yay and that motion passes take you very much 34 var 77267 applicant con Kobe owner square trades holding LLC for a possible action or request for a variance to allow an existing six foot tall vinyl fence in front of a yard area where a maximum of five feet with a two foot solid base is allowed and 85 Westlake need Boulevard Ward five staff recommends and I'll come after staff report please mr. chairman according to the submitted justification letter the additional fence height has been requested to provide screening from the bus shelter adjacent to the subject property to screen the property from people waiting for the bus congregating on the sidewalk in front of the home during a routine site inspection staff noted that the fence is currently constructed however no building permit has been issued for the structures staff has determined that the location of the bus structure in front of the home was an existing site condition that the applicant was aware of at the issuance of building permits for the single-family dwelling on the subject site furthermore staff notes that there are no physical constraints associated with the subject site therefore staff recommends denial of the requested variance please note that additional letters of support and protests have been received since publication thank you thank you mr. chairman commissioners Nathan Taylor 84 14 West Farm Road represent applicants night I'll be very brief um as you can see there's an RTC bus stop here I'm on my exhibit I believe this canopy is about four feet higher than the fence we didn't know we needed a permit for this fence because when all the city inspectors came out during the process they never mentioned that we needed as a vinyl fence there's no footings other than where the fence goes in the ground so that's why a permanent wasn't just to answer that question it's aesthetically pleasing it is six foot high because of the height of the RTC bus stop you will note that there's a chain-link fence on the outside of our fence that is owned by the RTC and maintained by the RTC but I did want to show you one last exhibit so that you could see the interior they'll have to zoom in on this please this is what it looks like on the interior so you guys can just get an idea of what it looks like inside they did beautiful pavers and desert landscaping with that we would just respectfully ask for your approval thank you thank you this is notice there's a public hearing anybody from the public we should be heard on this item seeing none up close the public hearing turn it over to Commissioner Commissioner Williams Thank You mr. chairman you know this is one of those situations where although the code calls for the 5-foot I'm actually okay with the six-foot here it is aesthetically appeasing as you stated the challenge that I do have is not having a building permit at this time and so what I would I would be willing to do and obviously planning commissioners have comments is make a recommendation for approval under the condition that within 60 days to obtain all necessary building permits we're good with that commissioner thank you I see no one else you've heard the motion please cast your vote mr. chairman if I may so this item will be going forward to City Council so if I could have the Commissioner that condition that add a condition would be permits shall be requested 60 days from final action so that that allows for it to be from the City Council date and not today that's fine heard the motion please cast your vote and a motion character Thank You commissioners have a good night item number 35 SCP 776 9 applicant red earth LLC owner GTC Realty LLC for a possible action on a request for a special use permit for proposed 17,000 square foot marijuana cultivation facility you set 23 10 Western Irving Avenue Ward 3 staff recommends approval staff report please mr. chairman the City Council approved special use permit scp-713 on October 10th 2017 to allow a 17,000 square foot marijuana cultivation facility at the subject site the special use however the special use permit is no longer valid due to the failure of meeting conditioned business licensing requirements the applicant is now requesting a new special use permit consisting of the same marijuana cultivation facility use as previously approved the subject site complies with all minimum distance separations set forth in title 1912 and therefore can be conducted in a compatible and harmonious manner with the existing surrounding land uses and future land uses as projected by the general plan as such staff recommends approval of the proposed use with standard conditions please note that additional letters of protests have been received since publication thank you please hello my name is ramsey Dadis i live at 8 4 4 8 Cambria cellars court las vegas nevada i'm here on behalf of the applicant first i wanted to thank the chair commissioners and director here the staff was a great help to us we appreciate everything and i'm here to answer any questions you may have I thank you this is notices public hearing anybody from the public we should be heard see none I'll close the public hearing and turn it over to Commissioner Stockman yes mr. chairman just a quick disclosure disclosure that we built many of these cannabis facilities in the past and I won't go through each one as I have in the past but this won't affect me any greater lesser but one question from Ramsey is do you have any association with labor as far as ownership or anything of the sort labor wellness global Biolabs no okay I think you were a consultant or something like that for Libra I was a consultant okay so I'll just put it on the record also that one of my project managers worked with Ramsey on a project that we built years ago however we were never contractually tied to Ramsey and we were he was a consultant on a project that we were constructing and a scene space didn't recognize where I knew him from but I just want to put that on the record and you find a vote Commissioner thank you and you know I think this is it's a it's a great area I mean it's not exactly where we should be putting these facilities and I see another gentleman come up do do we know each other no he is with J mottos consulting so it's a whole separate has nothing to do a libra or anything like that okay thank you and then J mottos 171 Ultra Drive Henderson Nevada a nine zero seven four thank you okay thank you I don't have a problem with the location staffs recommending approval and I'd be willing to make a motion on this so I'm 35 SGP 77269 I would move to approved subject to staff's conditions you've heard a motion please vote and a motion passes mr. chairman then item is final action this evening list of appeal to the City Clerk's office within 10 days also on item 34 I know I stated it would go on to City Council for the record to be clear it will go on to City Council we heard as a part of their November 20th 2019 date Thank You mr. Sommerfeld you guys are good thank you thank you nice to see you chairman item number 36 SCP 77273 apple gangrene mart of nevada nlv LLC owner Charlie LLC for a possible action on a request for a special use permit for a proposed 6000 to 60 square foot marijuana dispensary use at 200 East Charleston Boulevard Ward 3 staff recommends approval staff report please mr. chairman before we start I'll just say that I've worked on many accounts in the past and typically I wouldn't abstain I've only abstained on a handful throughout my time being up here and I have talked to our city attorney Brian Scott on this and I was weighing it back and forth and considering that I when I was talking to mr. Scott I was telling them that I owned a bar in the neighborhood but I actually have an investment in three different places within the notification area here so it could possibly affect me more than anyone else even though I don't necessarily feel it would but there would be an appearance that it could affect me more so seeing that that's the case i feel Aprilia should abstain on this matter thank you okay that said please mr. John staff report mr. chairman the subject side is zoned c2 general commercial and subject to title 19 development standards the applicant proposes to operate within an existing 6260 square foot commercial building no structural development is proposed at this time there are no confirmed protected land uses located within the required distance separation area as such staff recommends approval of the proposed use of standard conditions please note that additional letters of support and protests have been received since publication thank you thank you please state to name for the record good evening Scott Rutledge with our gentle partner 6:03 7 South Fort Apache I'm here to represent the client green Mart of Nevada NLB LLC we appreciate staffs recommendation on this su P and we would ask for your support this evening we look forward to being good neighbors to the Arts District and thank you for your time this evening thank you I this is notices a public hearing anybody from public we heard on this item seeing none I'll close the public hearing and I have a question because of the location and it's just like I said it's a question parking for this facility he seems like it might be a little bit of an issue because of the overlay it's in it has 17 parking locations plus one handicap and then I think there's an another 30 spots of street parking on casino center I know like the the coffee shop and some of the other restaurants down in that vicinity take advantage of that same parking on casino center but I believe there are 17 spots for the parcel okay thank you any other Commissioner Commissioner ji-sun I think I just need to just disclose I know mr. Rutledge we served on the Nevada conservation league for six years when he was my executive director it won't affect the way I vote tonight so hi Scott nice to say diamond so you're making a motion I make a motion to approve okay you've heard the motion please cast your vote and a motion passes and mr. chairman then item is final action this evening unless appeals to the City Clerk's office within 10 days okay 37 s dr 77286 applicant Belle vestment group owner cornerstone company for a possible action or request for a site development plan review for a proposed 34 story mixed-use development consistent of 29,000 974 square feet of commercial office space and 513 multi-family residential units with waivers of downtown Las Vegas overlay architectural standards at 1211 South third Street Ward 3 staff recommends denial may have the staff report please mr. chairman the sub subject site is located or zoned c1 limited commercial and is subject to title 19 development standards the site is also located within area 1 18b Las Vegas Arts District of appendix F interim downtown Las Vegas master plan area the building will consist of 513 studio apartments 3940 square feet of dedicated retail space in 26,000 34 square feet of office space in addition the building will feature a 10-story of parking garage and rooftop amenities while the 2045 downtown Las Vegas master plan does encourage projects of mixed-use development for the subject site the project as proposed is over built this is evidenced by the significant defensive deficiency in proposed parking there aren't any alternative offsite parking options within the immediate vicinity of the subject site staff hereby finds that the project will not be harmonious or compatible with the existing development in the area therefore staff recommends denial of the requested site development plan review please note that additional letters of protests have been received since publication thank you please state your name for the record thank you good evening mr. chair planning commissioners my name is Tony Celeste address 1980 Festival Plaza Drive here on behalf of the applicant if I can first direct your attention to the overhead the property is about five and a half acre or about a half acre I'm sorry located right where 4th Street a 3rd Street and Colorado all converge kind of right here at the point here this property as mentioned is zoned c1 and it is within the arts district the c1 zoning within the arts district does allow for a variety of uses including mixed-use which we are proposing one of the unique things about the Arts District is that it does not have the parking standards or height standards associated with it when you get outside of that ring so there is while I understand the staff is is making an analogy that if parking requirements did apply to this that we would be short and I will get into that because we did review those in and do see the merit with what staff is talking about with respect to the height one of the things that I would is that you know the arts district is between the downtown core and the stratosphere so we have the downtown core to the north where you have high-rise buildings you obviously have the stratosphere directly to the south which is the tallest structure in the city and the Arts District is kind of like this last portion in this area where development could occur one of the things with respect to the height by way of example is when you had Soho lofts first come in that was really one of the first high-rise developments outside of that downtown core had some of those similar issues then that took root and was built then you see Newport lofts and jewel all their developments fall in the area kind of a catalyst for that area immediately to the south of that downtown core as you get closer to Charleston obviously we've jumped across Charleston now on the south side and we think that this is one of those areas that is is ready for that type of development and can be the catalyst for this area with respect to our site plan you can see right here we are proposing essentially a drive-through aisle that would be accessed from 3rd Street out to 4th Street Colorado would be immediately to the south we'd have garage parking above this with 380 spaces we had proposed retail and commercial and then a 513 units as I mentioned though we did review the staff report and did see obviously some of the wisdom that they provided with that with respect to the parking in particular we did submit revised plans I understand it was late we did try to coordinate with the director and planning those plans show actually going from 400 feet to 375 feet so these are the revised plans that were submitted to my left this is to the right what is currently submitted and the revised to the left what we've done is essentially eliminate a few levels in between namely the office component that was composed of 26,000 square feet and then we also lost additional units we went down from 530 to 433 as a result that dramatically reduced our parking requirement made our ratio from about if if the parking code did apply to us from fifty fifty-one percent up to about 62 percent provided parking so I understand that this is something that was recently submitted we do go to City Council as final action it is one of those things where unfortunately I do not have time on my side to to hold this to show you a revised for it to make it into your backup we did show you the revised plan and what we our thoughts were we have shared it with planning so hopefully it's not too much of a surprise but we do understand it did not make it in the backup no disrespect at all to the Planning Commission on trying not to hold it unfortunately just have contractual obligations that we cannot change so we do go to City Council we would work with continue working with planning on the revisions that were submitted and if I could get at least some type of direction from this from this council or from this commission moving forward that the revisions are more in tune with what maybe you guys see as opposed to what was submitted so I understand what was submitted is is what is before you what you need to vote on but with hopefully some recommendations moving forward that we're going in the right direction with that I'm more than happy to answer any questions you may have thank you this is notice there's a public hearing anybody from the public wish to be heard on this item seeing none I will close public hearing and turn it over to Commissioner Stockman yes mr. Chairman I appreciate it and I had a chance to talk to you mr. Savitch and also mr. Celeste about the this particular project and there was other projects that were or another project that I remembered that was approved at this location I think this exact location yeah so it I mean I think I think we approved it back and back in the day and taller so the area works I just have a little bit of the concern about the the parking and I did a little bit of research and talked to other developers and you know the Soho lofts in Newport lofts and this is just as much for the Planning Commission to kind of understand a little bit in this I I hear that they're parked at one to one so one one parking space for every apartment unit or condo now talking to Chairman cherry he states that you know about 80% full typically on both the Newport in Soho so if this was parked at one to one and I mean you wouldn't even be coming coming close to that I don't know I think you can kind of figure out what I'm trying to say even if you put in you know 0.8 units parking per apartment unit that you're building you know you would be a lot closer you wouldn't even be at the one-to-one but you're not there I mean you're at 0.5 or 0.5 1 or 0.55 whatever this new site plan and new building elevation and floor plans are I think it needs to be a massage just a little bit further I talked to John Tiffin's over North captain who had the Joel and you know the Ogden they're part close to one to one they weren't at a hundred percent but they're definitely over you know that 50 percent mark then I looked at the f9 that downtown project and the wolf company put together and they didn't have that much parking at that that particular location and they're very similar lot of studios one bedrooms they did have some two bedrooms one thing that they had different was the big parking lot the llama lot across the street the old ambassador site a few hundred parking spaces there and they owned that they also failed to be I mean they couldn't get permanent financing on their project because they didn't have enough parking and they're coverton parking where they converted the parking behind the atomic into additional parking and their crate in another parking lot on the other side of 10th Street just to support that you know they'll be parking garages that come in they'll they'll will approve restaurants and bars and food and beverage in the neighborhood that maybe doesn't have that much parking maybe some of the smaller multifamily might get approved for a variance for you know four to six units when we're looking at something of this magnitude we're talking about if you are missing 200 parking spaces warden those 200 people part well it could be argued that on one hand well they're gonna ride bikes and they're Millennials and they're studios they won't have it but if you're looking at rents at 1200 1200 dollars apiece you know fourteen thousand four hundred a year and that's 25 percent someone's income you're looking at fifty seven thousand dollars an average income most people making fifty thousand dollars or both will own a vehicle out of the few thousand people that I'd know here in Vegas I could maybe list ten that don't drive and the five of those ten people have multiple vehicles they just choose not to drive and have somebody drive them around so there's not many people that I know that don't have a vehicle here in San on with this I love the project I'd love to see this get built I'd love to for you to find some way to you know work with the number of units or the amount of parking or come up with a adjacent site where you can you could park more vehicles I'd hate to kill this project over over this because I think it if built it could add a lot of Units that we need downtown I would encourage you as you're looking at this this project to try to come up with a little bit of a different product mix I know I think this last was telling me something about the the actual units there the the developers behind it they really believe in this small studio type apartment units however and I think that that's that's cool that could work in Manhattan it could work in san san francisco it could work in portland it can work here in vegas but you know having a little bit of variety of product mix would would definitely be beneficial to people in downtown but i'm not gonna sit here and critique you over what what size units you are you could you could provide whatever you'd like my main main thing is going to be the parking and Tony because the whole time his mouth was moving he was keeping quiet but he really wanted to say something I wanna see what he has to say and I agree with what you're saying in fact you know I was before this commission three months ago I think on another high-rise downtown project where we did come in with a parking reduction but what was key to note and that was we did exceed or we're at a minimum the one parking two to one unit so I understand that the one thing a couple things I wanted to interject was we under this revision which I know is technically not being considered for you but as we're working towards City Council the number of units decreased from 513 to 433 so about 90 to 80 units and our parking now is 380 so we're we're maybe at you know 0.75 as opposed to one to one so I think we're moving in the right direction one of the other things that I did fail to mention is yes this project has or this site has been previously proof for mixed-use the client is actually they've they're developing internationally they've developed this in Berlin they are currently under construction in Miami and an area called I think it's called winter wood it's a like a similar to the Arts District here with this concept so this is something they feel is viable they've identified Las Vegas this area as a good catalyst jumping point we certainly though appreciate your your comments Commissioner Slaton and look forward to trying to incorporate as many of those we can before we get to City Council thank you winter would or would which would would would okay thank you I went and seen that community it was pretty cool what they did out there and glad you're developers doing some stuff I wish them luck and hope he can bring stuff here too and hopefully we can I can work on that that parking but I mean we're go ahead rolling thank you mister chair you know I do echo some of the things that mr. Schwab and Commissioner schlattman said I'm not as concerned about the parking I mean I think eventually over time there will be more of these developments hopefully in this area of this height this density and hopefully that will coincide with more public transportation options so that fewer people will need that space and my concern is of course that you develop a property that's that meets the needs for car parking today and then twenty years from now it's suddenly not necessary and I don't know whether this is you know putting the chicken before the egg or whatever that analogy is so my concern is if if you start increasing the levels of parking that you have in the structure and simultaneously have reduced the height of the structure you're certainly going to have this odd looking mostly parking garage or half parking garage half residential so I just wanted to point that out setec Lee I would hate to see a great project turn into essentially a parking garage any other Commissioner Slaton well take a stab at this and we'll see where it goes but 37 STR 77286 I would move to follow staffs wreckin recommendation for denial and that is based on testimony today that I don't like the project but just based on a few little tweaks you've heard the vote a yes vote would be for denial please cast your vote and that motion passes all right Thank You mr. chairman and item is final action this evening unless appeals to the City Clerk's office within ten days if the applicant does choose to appeal this Planning Commission decision I would say that he is a week to make any adjustments to his plans and have those submitted to the Planning Department to be included as a part of any future appeal requests for their consideration great thank you appreciate it moving on to directors business item number 38 txt seven seven four two eight a Pagano owner city in Las Vegas for possible action on a request to amend LV EMC title 19 point one two related to marijuana dispensary use and to bride other related matters staff has no recommendation staff report mr. chairman the proposed amendment would add a 1500 feet distance separation between a marijuana dispensary use and a non restricted gaming establishment to align with recent changes passed by Nevada State Legislature it would also add a 1000 feet distance separation between any two marijuana dispensary uses regardless of the jurisdiction in which the mayor wanted dispensaries are located finally it would require that a survey signed and sealed by a surveyor that is registered in the state of Nevada be submitted as part of the application for a special use permit staff has no recommendation on the proposed amendment thank you thank you this is public hearing anybody from the public we should be heard besides the crickets see none will close public hearing turnover the Commission yes mr. chairman I I don't I do I need to need to disclose on this I built many facilities but this isn't one affect me in a greater or lesser than anybody else so there it is as far as this goes I think this just salon you know or city ordinances with state law I don't have any problem with the distance separation between two dispensaries kind of keeps it from becoming overly saturated in particular areas and I hate to see too much saturation so I like it and I'm ready to make a motion if I could just make a comment prior to that I do support the thousand foot distance separation and a 1500 from non-restricted gaming license is the only problem I have and like I said I have no problem like you said who motion to approve it but I would like to at least put on the record and they have it read at City Council that I would like to have to see it amended to wear that thousand foot distance separations from door to door in that property line of property line I just think from property line of property line could hinder the city from possible ability to make money I don't think if we went from door to door it would be make a break kind of kill thing but I definitely would like to have it read to City Council that I've been favored of it but I would definitely like to see that change from door to door instead of property line of property line so mr. chairman if I may so City Council has requested some research on that and in fact I am tentatively slated to brief the City Council on why we currently have our current distance separation requirements the way we do comparative analysis with other jurisdictions and then provide them some options if they would choose to change that and door to door is one of the things that they will be looking at so that will be taken under advisement City Council will be considering if there's going to be a policy direction change with regard to how we do the distance separation and if there is a change we'll be making that for all uses not just marijuana Thank You commissioner thanks I just want to briefly say that I think this is good policy I mean it stems from certain marijuana uses that we've seen come before us I would also like city council to perhaps consider just having that thousand foot distance separation to include the other types of marijuana uses in addition to dispensaries like cultivation as they see fit of course but I think it's appropriate so that we don't have an accumulation of all of these different types of marijuana uses in one particular location in our wards Thank You commissioner yes mr. chairman just to comment on Commissioner Rogen's comments a I could I can see that however in in building Laden these facilities like the the testing facility that we constructed nobody nobody knows where it's located with the exception of dispensaries and if you walk by this office building with tons of other people in there you wouldn't see any consensus or anything so and then when it comes down to cultivation since there's no customers going in and out it's just staff a lot of people wouldn't even know that sir the same with production facilities so that would be the only reason well I don't have as big of an issue with where the cultivation in production and testing facilities go because it's not really open to the public but the dispensaries it does bring a lot of people brings a lot of people to the from the general area and bring some there even when the businesses closed down knocking on the door and trying to go in seeing what's going on so anyways but I appreciate the comments and I'm ready to make a motion please do yes mr. chairman on 38 txt seventy seven forty eight I would move to approve okay and question with that prior to vote it would that be approval with also the added recommendations both from Commissioner Rogan and myself to be brought to City Council and right out to them I think I think director Somerville Feld could you know communicate those items when it hits Planning Commission I mean City Council on what our thoughts are for everybody okay you've heard to vote please cast it are you heard the motion please cast vote and a motion passes thank you and mr. chairman then I will go forward to City Council an ordinance form and yes I will make sure that as when this goes to the bill sponsor that he has your comments and that he has those under his consideration for the final bill that he sponsors for introduction thank you very much mister Sommerfeld okay moving on to citizens participation item number 39 public comment does anybody from the public wish to be heard seeing none I'll close the public comment and close the meeting