good evening we are ready to begin this planning commission meeting is called to order this meeting has been properly noticed in posts in compliance with the Open Meeting Law these proceedings are being video recorded as well as presented live on KC L V cable channel to please know customers of CenturyLink and Cox Communications can view this program in high definition on channel 1002 and standard-definition on channel 2 you can also watch this meeting live on Apple TV Roku and amazon firetv on the Go Vegas app the Planning Commission meeting as well as all their KC LV programming can be viewed on the Internet at WWDC ford slash live the proceedings will be rebroadcast on KC LV in the web the Saturday Saturday of the meeting at 10:00 a.m. Monday at midnight in the falling Tuesday at 6 p.m. would everyone please stand for the Pledge of Allegiance madam clerk would you please call the roll chair cherry president vice chair de salvio is excused commissioner schlattman present Commissioner toussaint present Commissioner Williams Commissioner rogan present Commissioner Commissioner Chadda president thank you thank you I call your attention to the information printed in your agenda concerning our actions and the appeal and review process if appropriate there's agendas on both sides of the podium if you'd like to come up and grab one please read this carefully if you have any questions staff is available also the second page of the agenda contains our rules of conduct we appreciate you to hearing today's rules so we can have a smooth meeting thank you all comments made under this item for specific action item number four will be cross reference to those those items on the agenda are there any members of the public who wish to speak under this portion of the agenda please come up I'll need your name and address for the record please good evening mr. chairman commissioners my name is Brenton Marsden I live at 40 to 70 North T P Lane I'm speaking in regards to the to item number 14 and 15 on the public hearing items just to state that the main reason I'm up here to talk is that we would like the developer to adhere to the inner local agreement that was signed on the 21st December 2016 and I just wanted to state that fact thank you there is a request for those items to be withdrawn without prejudice from the agenda so we'll go through our housekeeping and if that's approved then it won't be heard it will be withdrawn thank you sir thanks for coming up okay moving on to item number five this is for the approval of the minutes of the August 27th 2019 Planning Commission meeting Vice Chair Schladming can we have a motion yeah said mr. chairman I moved to approve the Planning Commission meeting minutes from August 27 2019 thank you as a motion on the floor please cast your votes please post and that motion carries moving on to our housekeeping items are there any items that commissioners staff applicants or members of the public would like to pull forward for action mr. chairman we have some housekeeping items the applicant is requesting to withdraw without prejudice items 14 and 15 and the applicant is requesting to obey item 16 through 25 to the October 22nd 2019 Planning Commission meeting this is the first abase request for these items thank you thank you very much does anyone wish to speak on any of these items seeing no one I'll go to a vice chair for a motion yes mr. chairman on items 14 and 15 I would make a motion to withdraw without prejudice and items 16 through 25 move to hold these items till the October 22nd 2019 Planning Commission hearing thank you very much as a motion on the floor please cast your votes please posts and a motion carries moving on to the one motion one vote portion of the agenda the following are items that may be considered in one motion one vote they're considered routine non-public in public hearing items all public hearings and non public hearings will be opened at one time any person representing an application or a member of the public or a member of the Planning Commission not an agreement with the conditions and all standard conditions for the application recommended by staff should request to have the item remove from this part of the agenda item number 7 e OT 77 77 thousand applicant Jerry room bar owner Oak Brook Realty investments - LLC for possible action and request for a for a first extension of time on approve special use permit for proposed 614 square foot tavern limited bar establishment use within a portion of 321 south casino boulevard war 3 staff recommends approval related items 89 number 8 SC d 7 7 186 applicant Greystone Nevada LLC owner Howard Hughes company LLC for possession request for a someone major deviation to allow garage door setbacks of greater than 5 feet in less than 18 feet where 3 feet to 5 feet or 18 feet is required and a front yard setback of 16 feet in a side yard setback of 18 feet where 20 feet is required for proposed 249 unit condominium condominium development at the northeast corner of red point drive and carriage Hill Drive war - staff recommends approval related item number 9 TMP 7 7 187 for possible action and request for a tentative map for a 249 unit residential condominium subdivision Ward 2 staff recommends approval [Music] item number 10 su p77 174 applicant helping hands Wellness Center owner W a PP LLC for possible action on a request for a special use permit for proposed two thousand eight hundred square foot marijuana dispensary use at eighteen sixty Western Avenue war three staff recommends approval item number eleven su p seven seven one nine eight applicant nav can owner one thousand and one thousand eighteen commerce LLC for possible action request for a special use permit for a proposed twenty one thousand three hundred seven square foot marijuana cultivation facility use at 10:18 South Commerce Street or three staff recommends approval item number twelve SDR seven seven one eight four applicant owner union local five twenty five training TR NV for possible action request for a site development plan review for proposed 15,000 square foot trade school with a 3,000 square foot mezzanine a 2,000 square foot attached shade canopy and waivers of the perimeter landscape buffer standards at seven five zero Legion way Ward three staff recommends approval and item number thirteen VA C seven seven one four five applicant owner or lien square HOA for possible action on request for a petition to vacate a 20-foot wide public alley north of Bonneville Avenue between Maryland Parkway and 13th Street or three staff recommends approval this was noticed as a public hearing anyone from the public like to be heard seeing no one I'll close the public hearing and I'll quickly make a disclosure that I'll be abstaining from items number ten and eleven by families in the cannabis industry and we will have to abstain yes and mr. chairman on items 10 and 11 I just want to make a disclosure that I've worked on many cannabis facilities and pass from dispensaries testing facilities cultivation facilities production facilities so on and so forth I haven't worked on either one of these and don't even know the owners and my instant judgment won't be affected so be voting on this matter thank you thank you with that vice-chair could we have a motion yes miss chair on items 7 through 7 through 13 the one motion one vote items have moved to approve subject to staffs conditions thank you there's a motion on the floor please cast your votes please post and that motion carries Thank You mr. chairman item seven is final action almost appeal to the city clerk within 10 days items 8 9 and 13 are moving forward to City Council on November 6 2019 items 10 through 12 or final action unless appeal to the city clerk within 10 days thank you thank you moving on to the public hearing items we are jumping to item number 26 var seven six nine six seven applicant Bryan P GIGN owner bp2 living trusts at all for possible action requests for a variance to allow at 11 foot front yard setback where 20 feet is required in a proposed accessory structure to be located in front of the principal dwelling unit where such is not allowed at 28 16 Mason Avenue Ward 1 staff recommends denial can we get the staff report please mr. chairman no evidence of a unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by proposing the placement of an accessory structure which does not comply with title 19 development standards staff therefore recommends denial the application please note that there are additional letters of support since publication thank you thank you very much Commissioner rogan Thank You mr. chairman mr. chairman I'll be abstaining from this item as I've known the applicant and his husband for many years and the applicants husband actually appointed me to this position thank you very much thanks for the disclosure mr. chairman is boney fish studios just submitted some drawings to me for my office last week and so I feel that abundance caution I will abstain on this matter because there's probably going to be a bill coming to me and so I think okay Thank You commissioner appreciate that get your name and address for the record please Craig Palacios bunny fish studio to eat salads Maryland Parkway Chris Courtney Bunny fish same address good evening commissioners as previously stated my name is Chris Courtney we are here representing our client at 220 816 Mason Avenue we are here today to ask for an accessory structure to be approved to be placed in front of the primary structure because of this request we'll have an 11 foot 8 setback to the property line but we'll have just over 21 feet to the street in addition to the notices that the city sent out my client also created a social media page I'm explaining the project and I'm happy to share with just some of the screenshots that our client on this but it received over 80 likes I don't know if that holds any weight but just some of the comments very nice it's very nice design Brian beautiful contribution to the neighborhood it just keeps getting better looks great I own my own house at 26 18 Burton you have my support how exciting very supportive well really you know very nice great design thanks for taking the time and making the effort to inform the neighborhood about this and explain the project I can definitely support this those are just just a handful of the public support that was generated on the social media page with that I like to yield my time to the commissioners for any questions thank you very much this is notice as a public hearing anyone from the public like to be heard in this item seeing no and I will close the public hearing turn over to the Commission for discussion and I can start off by saying you know variances are very sensitive and we grant them and we deny them I think this one in a neighborhood that is uh they're very aware what's coming down the road when something's happening in their neighborhood and they're very sensitive to what happens so to see support is tremendous we've seen it go the other way where it doesn't work out this way and so I this application will see my support I don't know if anyone else has any other comments with that I'm prepared to make a motion I'll make a motion for approval on item number 26 var seven six nine six seven it's emotional floor please cast your votes and it is a nice-looking project - thank you guys please post that motion carries mr. chairman that item is final action unless appealed to the city clerk within ten days I'd also like to take a moment to clarify on the one motion one vote items eight and nine it was mentioned that they would move forward to City Council all on November 6 2019 these items will be final action in regards to item 8 and that unless appealed within ten days to the city clerk and within seven days for item number nine the tentative map thank you thank you for the clarification okay moving on to item number twenty-seven var seven seven one seven nine applicant owner Bonanza Springs LLC for possible action request for a variance to allow prohibited materials the chain-link barbed and constantina wire for an existing 12 foot perimeter link wall where 8 feet is the maximum height allowed at 4901 East Bonanza Road Ward 3 staff recommends denial Queen at the staff report please mr. chairman no evidence of a unique or extraordinary circumstance has been presented and that the applicant has created a sope a self-imposed hardship by installing prohibit materials upon an existing wall also causing the maximum height to be exceeded staff therefore a chemist's denial of the application please note that there are additional letters of protest since publication thank you thank you very much can't you name an address for the record sir my name is Merlin Hardy I'm live at 494 Spanish feeling thank you they're there actually is quite a hardship what happened was I'm a developer and actually born in this town graduated from Clark high school and and I got a piece of property over on the east side I've actually developed a lot of stuff over on the east side but this particular one I wanted to keep for myself I took care of my mother she had dementia for four years in my home before I died and I thought would it wouldn't it be a great idea if we built a place where you could house your parents and one of the children or siblings could live there with you and take care of you so that's what I designed this thing around or the concept that I designed this project around it anyways I I tried to put an upscale little area if any of you have been out there you can see what I've done and and I've tried to do a good job for our seniors out there one of the problems that that arose afterwards you can look at number three right there if you zero in on this you can see even though it's it seems like a high wall on the other side of my property I guess it's a Kmart shopping center built up the property so I only ended up with that with a four or five foot wall there behind those only Anderson and it would have been what I tried to do was was create a look that you couldn't see what I did but unfortunately about a year after we put it in they turned the only Andersen quality control or whoever came over and said hey you can't do this but if you can see from the time we we got caught I guess till today I took this picture today and you can see the oleanders are almost covering up that area of the fence and it will be hidden shortly my problem is is in the and the problem that arose was when I got these eighty ladies in there that I take we had people jumping over that little wall and we had people jumping over that jumping on the if you go through the pictures you can see that the dumpster and the dumpster surround it's right here and this this this wall here was already that high you can see this is the Kmart site from the other side but they were jumping up on the dumpster and that's why on the four corners of the property I put these corner in and sit on the whole Kmart side I did put the whole side in behind the oleanders because we had homeless living there then we had the homeless and and vagrants and perpetrators what everything's whatever you want to call him coming over and jumping over the wall and breaking in cars and stuff so I tried to create a safe haven I put video cameras and I'd ever everything else possible that I could do and still I was my ladies weren't protected and so we we didn't do it all at one time we did the four corners first and then they were still coming in over the the Kmart site so that's when we did the came outside and if you go through the pictures you can see all the corners I strategically locate him so that one that was not so good but this one has to grow in a little more of it I just did the corners if you can look at that on the complex because the back wall seemed to be high enough and and stopped the traffic from going over the back wall but we did we did try everything we could we put cameras in we actually did see him there bold blatant come in walk around the place we saw him on the cameras and there was nothing we could do about it when we did put these corners up it did put a stop to it so we didn't go any further with it that was a couple years ago on the Kmart side I mean on the it would it would have been the the u-haul side they put theirs up before we we got in there and you can see a picture of it here they did all that we just followed suit on the on the corners and on the east side where Kmart is but staff had me put this side in there first so we could wouldn't have to come back and do that again there's extends beyond my property well all I'm trying to do is protect my my community there that is a retirement community and and I'm tried to as best as I could build up the east side I built the place across the street and I owned it too and I I was the owner designer of the winter with plows over on the east side and I've tried to build up that area while I live here in born here and I didn't want to live on the east side my wife did so here I am okay thank you mr. Hardy this was noticed as a public hearing anyone from the public like to be heard seen no and I will turn it over to the Commission for discussion yes mr. chairman I heard everything that you've had to say today and I also live on the east side I put money into these sudden bill projects on the east side and when I say East Side I mean Fremont and Eastern so you're a little bit farther east but similar type neighborhoods I did all the marianas and love and heat is up there okay compadres I grab groceries from there and I do such a set so I appreciate everything that you're doing over there we need development but even in our communities I mean and there three stories brand-new $300,000 units and we're surrounded by a pizza shop apartments a tire shop a hotel and people jump our fence and they walk through a community and then they jump our other fence so we this is something that we've had to deal with I had to deal with personally and I'm still dealing with because I live there and I live with it every day I there's just no way that I can you know keep everybody out and I mean putting up a taller fence can I respond I'll let you make it come in go ahead and so through the chair if the chair is fine I would like to hear from please so I I went around today and I took some more additional pictures and I went just from Charleston to Fremont looking only at the west side of the road and and if you I don't know if you can zero in on this right here where my finger is but you can see this apartment complex and the place next door has serpentine wire built up almost identical to what I've done this went under the bridge Bob Waterman mr. chairman and through you if I can go ahead and cut you up I I don't want to use other bad examples of projects that aren't following the rules to justify you know a reason why we should put this up because you know well give me something that you can live with mr. Hardy the alternative needs to come from you whether it's security that you're having patrol whether it's like actual monitored cameras that that people can talk through that they have technology where there's a command center it's remote they're watching all that and those are all the things you have to do to try to do your best maybe it's different lighting of it but that's for you to push forward for us to recommend to you so but but let me let me continue speaking usually this is the part where we talk and so look I completely understand I mean we've had bricks go through our windows but I have people that want to put up fences or five foot taller on top of the eight foot block walls I don't think that that's that's the gonna be the cure so and for eight years that I've sat up here I don't recall a one fence that I've ever approved with any kind of serpentine wire any kind of razor wire any kind of bob wire anything over eight feet or any of those things I just don't think that that promotes security I don't think that that's the the the solution so those are just my thoughts let's see what everybody else says can I can I respond to that one more time just go down anyone else from the Commission have any comments I mean yeah there's two issues that I have with this one is the visual and it looks almost like a supermax prison in an in the area because of the Constantina wire the concertina wire I'm sorry and the second one I'm looking at this and as a lawyer you're almost opening yourself up to serious liability if there is some type of intrusion or someone tries to haunt this I mean I'm looking at this and you could slice it could slice someone open and as a lawyer again I'm thinking about you as the property owner you're subjecting yourself to serious liability on this so I I've talked to is there I can take off the serpentine wire I can take off the bob wire but I need the fence if you look at this right here you can see that this fence is only four or five feet tall going along they came outside I'm even though on my side because it slopes a different direction for the egress or regress or whatever it is on my side it is taller it is what you say but on on this side where the people jump over the wall it's only four or five feet high in places it varies so I just need and then then as far as visually these trees I showed you that just in the short period of time since since I got ticketed to now they're almost covered up again and they will be covered up in at this rate in two or three months and if I could address that I don't know that covering up the wiring solves the liability issue that now again I mean through new commissioner what I think needs to happen is perhaps you need to discuss alternatives you're you're really opening yourself up to serious liability on this not to mention again the visual it looks like a supermax prison again again the trees will cover it up you won't see that I can take off the Bob where I can take off the serpent but I would like to come to something that you will agree on that I can do it because either way I need some protection if I could just leave the the chain-link I can't put wall on it because it's structurally not built for a wall or I would erase the wall up a wall you have to build with the footing first in mind of how much load and and share and all the rest of the stuff involved in the engineering to build a wall up I can't do that thank you vishay i don't think yet comments down this way well the I think it still comes down to the fact of if there if we grant a variance what I what you need to understand is we're not granting a variance for the next six months or a year it's forever it's forever those oleanders we can't guarantee that those oleanders are going to be there forever they might be cut down next year so I understand what you're talking about if those oleanders were there forever it would you probably wouldn't be in front of us right now but they got cut down they will get cut down again my trees look it's our turn to talk please and I'm not trying to be rude just trying to get through this so if we take down the constitute a wire and everything and you're what will be the the metal wrought iron on top you know to the eight feet then you wouldn't meet code and there wouldn't be a need for this variance and that sounds like something that you're willing to do I'm still shy on the height well still should I on the height you'd have to give me a variance on the height to go up to eight feet to go up to wherever that is so it's I'm not a TV I'm at 12 I believe but sir you said that your black holes at five or six feet right well let me see if I can find the other side of the pitcher so you can see my my property drone drains to the South Kmart's property drains to the and on both sides we have a landscape buffer and my bushes are all the glossy Texas rivets or the Texas pivots and they'll be filled in just like this I go back to photos go back three photos go back four photos three two one more right there you see the metal ya know put that last photo back up there yeah you see the medal on top you could do something along those lines we'd be happy with that can I and then you can go up to eight feet and that would meet her city code eight feet on their side or eight feet on my side I'm gonna have to defer to the planning department it's measured from the greatest vertical exposure exposure so he would still be it would be shorter on the uphill side I would be four feet honey they jump over that too and then on the corners they would jump over that too so just a question for planning and given the condition of the land where there is a significant slope between the two properties would that not be sufficient to grant a variance if requested at least is it with regard to hide there the purview of the NRS provisions and the title 19 requirements you can take into consideration the topography or a unique nature of a lot being exceptional narrowness or something of that matter in this particular case this is kind of self-imposed and as far as placing the prohibited materials and of that nature so for wall height that that's up to this Commission's discretion to grant I have the picture exposed to my side for that well I think I think the consensus as I'm getting from this is that people are opposed to the materials no sir if you if you were to come back with a request for different materials with the variance for a wall I'd given the topography meaning that the difference in the the slope of the land between what is a Kmart and your property perhaps that would be something that we consider but I don't just don't have enough information about the difference between the two parcels right now to make that judgment without you coming back with application I could say that the same as I did in the front yard would be put over here you need to request a specific differentiation in the height so for example three foot six inches or something like that and without that information I don't think we can grant a variance in the height tonight but that's something that maybe perhaps you can consider in the future I do have the actual what the information you're asking for it is on my request mr. chairman seeing as we have considered a lot and we're we're I mean it might be wise for me to go out there and take a look for us to hold this for 30 days and then I'll take a look at this that doesn't mean that I'm gonna go out there and and and find a way to make this work I'll look at it you can try justifying it understand and that I've never granted variances on this stuff in the past I appreciate I will do that for you all but I'm not gonna do it a week before the next Planning Commission I wanted it here within the next week and a half get all the information back over to staff and they can update the files before it comes back before us and so if you want to I'll meet you over on the corner and I'll give you my business card maybe we can meet out there early next week and come up with a solution and that's the best I can do right now you yes so if this sounds like the applicant is grand to hold this for 30 days so mr. chairman on item 27 var seven seven one seven nine I moved to hold this item for 30 days until the ten October 22nd 2019 Planning Commission hearing okay there's a motion on floor please cast your votes please post in that motion carries okay moving on to item number 28 su p77 159 applicant owner franklin grep Oh Vaughn Tillis in Madera ridore Imola Vaughn Tillis for possible action on a request for a special use permit for proposed community residents used with the waiver to allow a one hundred and ninety foot distance separation from a similar use for six hundred sixty feet is required at thirty five twenty four st. Aidan Street Ward for staff recommends denial can we get the staff report please mr. chairman the applicant proposes to use an existing four-bedroom three-bath single-story detached residential home as a community residence proposed uses approximately one hundred and ninety feet away from an existing community residence where 660 feet is required because of the decreased distance separation staff finds the proposed use incompatible with neighboring development and recommends the Nile on this application please note there are additional letters of protest and support since publication thank you thank you very much can't you name an address directly please good evening my name is Franklin 20 does 3 5 2 percent 18th Street before I start I'd like to make some correction to the stop analysis when paragraph 3 state that in August 2000 18 we receive a correction notice about not having a conditional use permit and it was reported that we had to scale down to an individual care family home this is an arc inaccurate we never had to scale down because whenever a community residence to begin with we have a Sony verification from the public from March 18 for an individual killer a family home which is approved up to six residents and we have a plan on having a two residence since the start and this is the approval and also the neighboring community residence located at nine five oh one Madonna streets which is 190 feet property the property is actually being put up for sales as a residential property as listed this was printed on September 23rd which is yesterday the public they are probably closing once the property sold so it may not be an issue for us in the future and also I would like to say something back in 2001 both of our parents diagnosed from Alzheimer's and dementia patient my mother was aggressive the diagnosis and 2015 she was a late stage and is debited for us because my mother couldn't even recognize me and even my name at that point we became an Alzheimer advocate we bought working in the hospital she quit her job and start this business of an individual care for procuring for an elderly especially with the Alzheimer disease the Alzheimer disease is not an it's not a very it's not a very easy to take chariot because they completely lost their memory and we had this passion and love and dedication to serve the elderly in Las Vegas Nevada and not that many people wanted to do this kind of business because this is not an easy job and we had this expertise and care and love in fashion that's why we're asking your permission to grant us special use permit so they can accommodate more than six presidents and help the violence especially the elderly okay thank you very much thank you this was noticed as a public hearing you wanted for the public like to be heard please come on up we have three microphones I'll need your name and address for the record if you're for against and they'll give everybody a minute and a half to tell us why you're for against should I wait for the please go ahead my name is Eric Agee lose I am here on behalf of serenity serenity hospice care and I'd like to say that we have been taking care of a resident at Ayden bliss for the past ten months since working with this resident we noticed that the home is consistently clean the care that's given to the patient that we are working together on is very heartfelt and you can tell that both group home owners truly do take pride in what they do so on behalf of serenity Hospice Care we would just like to express our support and we see no reason why group home owners such as Frank and Karina should not be able to go ahead and expand and take care of you know some of the most vulnerable population in this city thank you thanks for coming out appreciate it come on up we have to if I could just have you guys step to the side we have three microphones hi my name is John Thompson I'm at 95 24 Glengarry drive so I am in the neighborhood I am I am opposed not because of the broadness of this this takes it from five to ten residences it does not it does not guarantee it's just Alzheimer's there is a broad scope of of care that can be given and because of the neighboring two or three doors down a house that is a residence this house I feel that it will be give us that institutional atmosphere I don't believe you can correct me that one I haven't seen a for sale sign at the house that he on the corner and in this sale I do will I am guessing that that zoning stays with the house not with the owner so that doesn't change how close it is to the residence thanks for coming out my name is Tony when I live at 95 37 balon dairy Avenue which is just around the corner I'm also speaking against this proposal it's like you said once once this has turned into a community housing it's that in perpetuity and then that does nothing to enhance the quality of our neighborhood it will no matter what happened no matter what the dynamics are no matter how the population changes or the demographics change this will not change I'm asking to that you not allow this we are a nation of laws we have rules and regulations we already have community residents within less than 200 yards we don't need another one I would hope that in this case you would deny it we don't need to be a neighborhood committee residences thank you thank you Tony thanks for coming out clean out your name and address the record please yes my name is Alfonso Alvarado I live at 9,500 12 inch drive a 899 and about 23 years ago I was in front of the Planning Commission and remember talking to Larry Brown back then and it was kind of same same problem that these are all single story homes that we lived and and they they wanted to surround the neighborhood with these compact homes with high-density and and back 23 years ago you know there was not much out that that way and so here's 23 years later I'm back again and you know we're trying to change the culture I guess of the neighborhood I original over there and just like anybody else I've worked really hard to try to keep up a nice home for my kids when they were there and then now my grandkids and and I understand their compassion what would they what they believe in but you know in the end it it's a community there's a residential community and we have to be careful what once we open the door what what what can come into the into the community Thank You Alfonso thanks for coming out appreciate thank you i hi my name is Lisa Grimes I live on the corner of st. Aidan Antrim of Pinz the side of my house is directly across the street from there so every time I look out my kitchen window I see the full front of their house with all the extra traffic that the two people that they have in their home bring so if they make it six or ten it's going to be crazy traffic and my concern is the waiver that's in question is a special use permit it states is asking for a waiver to allow 190 foot distance separation from the other care residence which is directly behind me and they are selling the business but it's a business the people come with the house they're gonna stay there so they're not closing it down so what he's trying to do is add more people so can you please explain to me how the waiver is saying that it's for the 190s separation it doesn't say anything about adding more people the community residence portion is the having more people there is the request it just is confusing because the way it stated it just sounds like all you're asking about is the distance which I don't understand I mean you distance of 660 feet if it wasn't located within the distance then they could apply for it with with hearing still for the special use for a minute or no just just as an application right Thank You chairman so the minimum minimum distance requirements are basically kicking to effect when there is the other one within the 660 foot distance that's that then kicks it into a special use permit I think the point that you're driving at is that the addition versus what they're asking for these permit here so there's there are different categories of individual care facilities there's one for a family home which is a range of individuals from one to five individuals which is a permitted use within zoning districts then there is the next category as individual care for group home which then goes from six to ten people which takes it out of the the family home and puts it into where the use permit would be needed once they family meet the distance separation so why do you even have the six hundred sixty foot rule if you guys don't enforce it I don't understand that it's a request for a waiver so it comes to the hearing it might not get approved it might get approved no I mean why is even allowed to have that there why are they so close to each other there's only one right now no there's not there's one right behind me that's been there for several years and this is within the six sixty that's the hundred and ninety feet between them right so that's the request but I don't understand it if it's six hundred and sixty then why is it allowed to be changed why don't you guys enforce that it's a request to be changed it's a that's why it's a waiver process it's not an automatic process okay it doesn't make sense so you know this is our neighborhood we pay a lot of taxes we invest a lot of money to make our homes look nice for our surrounding neighbors and I don't understand why we don't have more of a say why don't we even know that these places are being put in and they don't care about the people that are gonna be living there they're moving out so his boohoo story about how hard it is to take care of people and is there anything specific you'd want to add to the application anything more as far as you're saying you don't want the appliques or anything more specific to this I don't want ten people there I don't want six okay thank you very much anyone else like to be heard this is the process to come out and have your voice heard need your name and address to the record please hello hi I'm Marilyn Grimes I live at 9500 112 pence Drive I I've accepted the fact that they're going to have the homes in our area but every time a house goes on the market if we don't have that 660 foot or whatever you call it we're gonna have a lot of them I'm just saying please stick to the 660 feet we know they're gonna we know they're gonna happen but we don't need one here and one right almost beside it please thank you thank you for coming out thank you anyone else like to be heard did you want to come up nope okay seeing no one else I'll close the public hearing I'll give the applicant a couple minutes for a rebuttal if you'd like to come back up please if you'd like to have a rebuttal we would like to ask your permission that you can approve a request for special use permit so we can serve more thank you thank you very much I will turn over to the Commission for discussion commissioners to Tsavo Fargo to I'll say this brings back memories of short-term rentals and I know for me that distant seperation is there for a reason but I just want to put that out there to you before I go to you so please first of all I want to thank everybody else everybody from coming out I really appreciate it and I understand what you're saying about parents with Alzheimer's my husband's parents had Alzheimer's and it was very difficult watching them go through the process but we do have a 660 foot rule and there's a reason for that rule and I can tell you in my ward anytime I make a vote whether it's yes or no the first thing I think of if I'm walking out my front door and this is my neighborhood and I'm walking my dog every day is this something that I would be comfortable with and 660 feet would not be at my comfort zone this this 190 feet I believe that the staff got it right I think the homeowners have it right and I will not give you support on this tonight because I really do believe that this would impact the neighborhood in a negative way I really believe that and I understand what you're trying to do and and and I applaud you for it I just think this is the wrong location because we already have another facility very similar to that which is 190 feet away so if nobody else has anything to say I'll make a motion please do make a motion to deny it's a motion on the floor please cast your votes please post and that motion carries mr. chairman this item is final action I'm sorry excuse me this is actually going forward to City Council on November 6 2019 thank you very much this will go to City Council thank you thanks moving on to item number 29 SDR 76901 applicant rebar owner Martha Rebecca Lopez for possible action or request for site development plan review for proposed temporary parking lot with waivers to allow a non-standard parking lot design at 1216 South casino center Boulevard Ward 3 staff recommends denial before we get the staff report I will disclose that I my company is working on a project within the notification area and I live fairly close to the to the project site as well I will be voting on the subject property tonight it won't affect me any greater I sir go get the staff report please mr. chairman while staff believes that a parking lot is much needed in the area the proposed development fails to meet several parking design standards resulting in a lot and drive aisles that are too small in which to reasonably maneuver cars and trucks staff therefore recommends denial of the application thank you thank you very much name and address for the record please hello I'm Derek Stone Barger I live at 12:48 place 89 104 I am the business owner and operator of Davies and rebar on Main Street 12 21 and 12 25 South Main Street and current lease holder of the property in question 1216 south casino center boulevard a time 104 and I'm also the arts district board president and I mentioned that because the Arts District is is a very popular area we were just recently written up in the New York Times with a whole feature piece and in a Sunday edition all around the world and we have we have tons of businesses opening in the area what happened a while ago is it was great for for thought on on the city and Planning Commission and City Council to allow a lot of areas downtown to not have any parking restrictions and that really helped get the ball rolling you'll see so many businesses in our area opening just this last week craft house brewery open able Baker brewery open cork and thorne wine and flower bar just opened soon we'll have good pie pizza Main Street provisions a wine and tapas merchants a vegan taco shop not to mention the classic draws like hot nuts Casa Don Juan Velveteen Rabbit Cornish pasty makers and finders Festa Roasters three sheets and those are all just within a two-block radius of this parking lot establishment that we are talking about folks with that said we're not asking for a huge variance there's actually parking lots in the area that have that fit this exact parameter it's a two parcel 50-foot lot I'm gonna let my talented architect Rob talk about that and I also have my my business partner both of them Charles lassic my attorney here to talk of other questions he's done research from other markets in terms of size variances in terms of downtown urban areas like this and I just want to lastly mention that I know it's a tight fit but I did notice that it was basically 10 feet in our parking garage that we all parked that we parked in today there's actually a 10 feet Rose there so we're asking for at least a 15 so I just wanted to point that out thank you guys thank you all I'll go next if that's all right with the chairperson and commissioners I'll be brief and I'll try not to overlap too much with what Derrick said your name an address with record sure thank you Charles Vlasic and I live at three five nine six Tioga Way Las Vegas Nevada 89 169 as Derek mentioned I'm his business partner and also an attorney in fact aside from the proposed parking lot that we're talking about here today I am part owner of rebar Davies and a law firm all located in a one square block area right what we're talking about I guess it would be bounded by Main Street casino center and then California and Colorado so that's two bars in a law firm in the same building where my law firm is located which is the three-story building they're right across from Esther's kitchen as Derek mentioned a brewpub just opened last week and a wine bar restaurant is under construction it should be open soon I've also been involved in assisting several other neighborhood businesses to get off the ground all of which is very exciting for the Arts District thankfully a city of Las Vegas has been has been more than willing to help these businesses that Derek and I've started my clients businesses and countless other new ventures in the area and they've been granting parking variances to allow these businesses to open with little or no off-site our sorry on-site parking and while these parking variances are you know we appreciate them and they've helped kickstart a much-needed revitalization and and new new small business Renaissance in the Arts District what it's created is a as a serious parking is a serious parking shortage in the area and I notice these parking challenges personally every day with with the businesses people are with no other options to park people are left to there they're desperate and they end up breaking laws and rules their parking in red zones their parking and reserved parking spaces and I'm talking about mine and my clients they're parking in double parking and alleys they're parking on dirt Lots anywhere they can find a place to put their car and they're also overstaying the two-hour parking limits that are popping up around Main Street the parking situation of course is just going to get worse with all these new businesses that Derek mentioned opening in the next coming weeks and months we've also got I think a residential development that's at least one if not more than one in this immediate area and we've got that construction that's coming up that's supposed to last I think it's starting maybe next year and it's supposed to last for I think we're gonna have all the offsite parking on casino there Center they're gone for an extended period of time so with that background I'm here today to this evening to respectfully request that the city grant our variance to allow us to operate this parking lot use a lot utilizing a design that Rob will talk more about but it's it's tried and proven successful just down the street on Main Street so we can support all of these new businesses and give them somewhere safe to park I think that that to grant parking variances to all of these new businesses to allow all these new businesses to pop up in this Arts District but then not grant us a reasonable variance to get this parking lot this much-needed parking lot off the ground would would be immensely counterproductive and it would be counter to all the great momentum that's been created in the Arts District and with that I thank you for your time and consideration and turned the microphone over to mr. garrison hi Rob courtesan 100 North City Parkway Las Vegas Nevada eight nine one zero six I'll be really brief there was three items for denial number one was the drive aisle width and number two was the the length of the actual parking space and number three was the amount of compact parking compact parking we can take the one back and lose one no problem so that comes down to the two other items which is the drive aisle width and then the parking stall width so my the charge that I was given was to maximize this these unique pocket sights that happen downtown so what I'd looked at was a few examples that are just within a few just within a mile there are in the downtown area so just to recap our what our request is to have 17 foot six stall depths and then 14 foot drive aisles if you look at this plan here on the screen this is actually 730 South Main Street they have 17 foot stall depths and then 14 foot drive aisles and you'll probably recognize this address because it used to be the old city hall building department the next site here is a co-working space located at 8:17 South Main Street the overall depth I'm sorry the overall site width is a hundred feet from property line property line it's actually measured is 102 and if you were to look at our site our site is 98 feet compared to that 102 but if you look at their drive aisles that there's 16 1916 14 20 and 15 very similar to what we have third exhibit is the 725 South Las Vegas Boulevard there it's got a 92 foot lot again ours is 98 that one has a 15 1914 14 12 in an 18 Drive aisle so as you can see there's been a lot of urban parking solutions for this new densifying downtown we would like to take advantage of what not only think about we would like to maximize the parking that is for these smaller 50-foot sites and there's quite a bit of them downtown we see the opportunity to bring a lot more parking if we can use a tried and true solution that is alternative to our normal standards thank you thank you very much this was noticed as a public hearing anyone from the public like to be heard hi Brandi bring it on I'm not sure on the public but city staff Brandy's standing the parking services manager for the city of Las Vegas brandy not sure if it's appropriate if you're representing the project are you representing the project or are you giving your professional opinion on from the city staff perspective I can do either I I don't know what the protocol is so please let me know if you want me to say I guess I maybe you can step over here real quick and we can find it exactly why you're here whichever do you mind just trail for sure no problem you know Rob you presented that like a court case but you only have one lawyer and I have three just a housekeeping matter while we're waiting um the picture that was that popped up when this was first called this matter was first called was not a lot that we're talking about that was a lot Velveteen Rabbit across the street on the other side of Main Street just wanna make sure we're talking about the same lot here we've got a dirt lot that we're proposing to pave and develop into this parking lot but it's definitely clear on our end in the back up so you know I appreciate the pointing it out yeah that pictures not about that chairman no problem just the Stanley's our parking manager I feel that if you have any questions fourth regard to the factual need or for parking in the downtown area you can ask her those questions okay but she's not going to answer any questions with regard to this particular project okay thank you very much thanks for the clarification and one thing I'll quickly point out this was notices I ok I'll close the public hearing two over to the Commission for discussion the applicant pointed out in the photos section it points out a different parking lot in our backup they don't in our actual supporting documentation does have the proper location with the site plan attached to it thanks for that clarification mr. chairman this is these are just my thoughts and we'll see where this goes but I I didn't I appreciate her staff bringing this to us and analyzing this I think her staff was brilliant they always give us tons of feedback and but here in the arts district I think I'm willing to take a little bit of a risk on something that's not a absolute normal parking lot temporary parking lot it's not if you have this then you can open a bar this is just a parking lot in addition to everything around there and with best a lot of the other businesses and the tremendous amount of businesses that are opening on Main Street Porkins starting to become a lot tougher and more difficult to get into and you know for me being a contractor and being downtown been poured f250 crew cab I can't park anywhere so I bought a golf cart and I Drive my golf cart around and now I can go anywhere I can pull in this parking lot and back out really easy any any of the spots I can do a circle in the in the drive out so seeing that I don't have as big of an issue I do want a bar I'll make that disclosure it's not I don't I think about the distance separation Clips the corner of my bar so it's not going to have any effect on me one way or another the parking lot doesn't Jason to us it's not striped it's not our parking lot we're artifice is located it's a disaster people still figure out how to park there and so I don't have that big of an issue with this but I would like to see if anybody else up here has any comments on this yeah it is busy and as you said it's very busy in this neighborhood and it's only getting busier I think there's three or four new businesses that are gonna open up fairly quickly here to add to it the fact that it's temporary that certainly helps me out as far as the request is temporary I think there's a three-year extension that can be added on to the application the one comment as far as the site I see the Chevy Suburban backing up but it looks like it goes over the property line and I'm just wondering if that one could be made compact it's in the top right corner yeah yeah that one I could actually modify the curb cuts to make that work and we do have to get rid of one according to the staff comments one parking space or that's compact well I think that's just the request if it's if it's approved as is then it's as is so sure I mean there's there is an initiative I know what the city's looked hard Brande staleys worked hard in this area I remember days before Brandi was here and we just kind of went like this with parking and now we have good clear direction to figure out how to kind of meet our goals and I don't it sounds like there's gonna be other proposed temporary parking lots in the neighborhood to kind of help believe some of the stuff that's coming down the road with these big drivers you know what the business is and there's other entitled projects further down casino center to the south we have a very similar situation directly across the street from Soho lofts where I live it was a temporary request it's worked out very well for the neighborhood the city manages the project creates revenue for both the landowner and the city and it keeps people it's taken a lot of cars off the street that would have parked further down the road and potentially done what you said locked businesses and red zones I see it every day I Drive around my little electrical scooter and I see you know all of these things happening so again from a planning standpoint it's it's it is if this was a permanent request you know I want to see it study differently but it just it with the tighter drive aisles and knowing how difficult it is to circulate parking on these smaller sites and you know at first when I looked at it not seeing curb cuts that go out to casino center who was concerned but then I saw well then we'd be taking more stalls away we'd be going a little bit backwards and then the fact that it is temporary in nature you know it seemed to help I know sometimes temporary becomes permanent I know that too but you know there is a process with this and I think with all of that and I would like to see if there is a motion for approval that it you know that one gets turned into a compact cuz right now it backs up beyond where I think it should go we can do that those are my comments Vice Chair yes mr. chairman there are you and one last thing I I know of a couple of permanent parking lots downtown which are a complete disaster which I still park in because it's convenient and I can't find parking anywhere else not saying that's right but I'm not trying to justify based on that but it and it works so to go along with this and see see how this works out and well in Commission if I could add one more thing it's it's a lot of a lot of the public doesn't know when they come downtown that they can't park in dirt Lots you know that turns into a code enforcement issue and dust control with air quality and you know kind of snowballs from there and and so to see something that's gonna actually get paved it's drived and you know turn some more lights on the neighborhood is nice to see and they park in dirt locks and charge money for dirt Lots and so this it's a definitely a big parking issue down here so I mean getting some pavement in there definitely will help as well so in saying that just want to make sure that y'all are okay with the and I'll ask the planning staff to maybe help us craft a condition for that North East Park install you were halfway there through chairman it would read the north eastern most parking space shall be revised to a compact space thank you and do you guys agree with that yes thank you okay so I would make a motion to approve item 29 STR 76901 with the Attic condition read into the record by mr. Lowenstein and subject to all staff's conditions thank you there's a motion on the floor please cast your votes please post and that motion carries Thank You mr. chairman that item is final action unless a building a city clerk within ten days thank you thank you okay moving on to citizens participation citizens participation public comment during this portion the agenda must be limited to matters within the jurisdiction of the Planning Commission no subject may be acted upon by the Planning Commission less that subject is on the agenda and schedules for action if you wish to be heard come to the podium and give your name for the record the amount of discussion on any single subject as well as the amount of time any single speaker is allowed may be limited so he walked out left seeing no we will adjourn the meeting thank you just wanted to see if there was any movement on us going to four meetings a month you know because we're mean to be very accommodating I'm just gonna throw that out I would advise you to speak with your elected representative I would just want to support that as something fun so you have a couple people in support here all right thank you very much with that meeting is adjourned