CLV 07-09-2019 Planning Commission Meeting

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good evening we're ready to begin this planning commission meeting is called to order this meeting has been properly noticed in post and compliance with the Open Meeting Law these proceedings are being video recorded as well as presented live on KC L V cable channel 2 please note customers of CenturyLink and Cox Communications can view this program in high definition on channel 1002 and in standard definition on channel 2 you can also watch this meeting live on Apple TV Roku and Amazon fire TV on the Go Vegas app the Planning Commission meeting as well as all other KC LV programming can be viewed on the internet at WWE TV Ford slash live the proceedings will be rebroadcast on KC LV and the web the Saturday of the meeting at 10:00 a.m. Monday at midnight and the following Tuesday at 6 p.m. would everyone please stand for the Pledge of Allegiance Madame clerk would you please call the roll chair cherry president why sure to salvia president commissioner schlattman present Commissioner Tucson present Commissioner phlanagus excuse Commissioner Williams present commissioner Rogan president thank you thank you I call your attention to the information printed in the agenda concerning our actions and the appeal and review process if appropriate there's agendas on both sides of the podium if anyone like to come up and grab one also the second page the agenda contains our rules of conduct we appreciate you adhering to these rules so we can have a smooth meeting moving on to item number four all comments made under this item four specific specific action across reference to those items are there any members of the public who wish to speak under this portion of the agenda my commission equation good evening Victoria Quinn 350 South Rancho for the record for 11 and a half years i sat up there with most of you some of you and all of you and it was the job that Councilwoman tarkanian gave me that filled my life that gave me reason to get up every day and go to work and in some ways she saved my life with that I'm forever grateful but tonight I stand here in front of you under a different capacity I was asked to work with mr. Knudsen our new councilman Knudsen for six to eight weeks to help with this transition and with that I ask you to welcome our new planning Commissioner from Ward 1 mr. Jeff Rogan Jeff Rogan comes with lots of experience he's a district attorney he loves our neighborhood he loves our ward and I ask each of you to welcome him as I welcomed each of you and as I leave here today my legacy is only but one thing and that is for you always to remember that whatever you will prove that the disabled are able to go into any office any restaurant in any bathroom the same way any able-bodied person does with that I love each of you I wish you the best I'm always just a phone call away thank you Thank You Commissioner Quinn and we do take that to heart and we will keep that carried on in spirit and welcome to Commissioner Rogan to the Commission as well we're excited to work with you okay let's move on to item number 5 we get a motion to approve the minutes yes mr. chairman I'd like to make a motion to approve the Planning Commission meeting minutes from June 11 2019 thank you there's a motion on the floor please cast your votes please post mr. chairman what was that date June 11 I'm trying to recall if I was that that mean if I miss one meeting in eight years I want to go ahead and point that out but it was either that mean or in the meeting before and I want to make sure that the record is correct on that that is correct commissioner sloppy night I don't recall if it was that meeting I fit so it was around that time but to the City Attorney I think he can still vote yeah mr. chairman he can still vote because you're really just voting to approve that these are the final minutes so you can usually suggest you don't make the motion but you can still vote thank you thank you okay and that motion did carry moving on to our final number six our housekeeping items are there any items that commissioners staff applicants or members of the public would like to pull forward for action Commissioner rogen mr. chairman if we could please pull forward numbers 34 and 35 Thank You Commissioner mr. Slovin okay mr. chairman we have some housekeeping items as well the applicant is requesting to obey items 56 through 59 to the August 13 2019 Planning Commission this is the first abeyance request for these items and the applicant is requesting to obey item 39 to the August 13 2009 teen Planning Commission this is the second abeyance request for this item thank you thank you very much okay I don't think we need a motion for this portion we can just go right to absolutely correct director thank you we get a motion mr. chairman I'd like to make a motion to approve the one motion one vote okay I'll make a motion to approve the abeyance please of is that 39 56 57 58 and 59 for August 13 2019 Planning Commission thank you there's a motion on the floor please cast your votes please post that motion carries okay moving on to the one motion one vote the following are items that may be considered in one motion one vote they're considered routine non-public and public hearing items all public hearings and non public hearings will be opened at one time any person representing an application or a member of the public remember the Planning Commission not an agreeing with the conditions in all standard conditions for the applications recommended by staff should request to have the item removed from this part of the agenda item number 7 got7 six four seven three applicant owner Boca marketplace Boca Park marketplace indications group LLC for possible action requests for a first-time extension of time of a previously approved variance to allow three proposed twenty four twenty four foot tall monument signs where ten feet is allowed to a one 383 square foot and two 208 square foot monument signs where seventy-five feet per sign is allowed and to allowed 8-foot separation between the three proposed monument signs were a minimum separation of a hundred feet between signs is required at on seventy two point five five acres at the northeast corner of Charleston Boulevard and rampart Boulevard c1 and PD zones Ward to staff recommends approval item number eight m OD seven six five three five applicant Greystone nevada LLC owner Howard Hughes company LLC for posture not for a quest on a request for a major modification of their proof Summerlin village twenty four master development plan to change the Summerlin land use designation from SF to to SF s D on the south side of cross bridge Drive approximately 2700 feet of Sun Creek Sun Creek Drive wore to staff recommends approval item number nine through 30 will be read into the record at one time this is for Summerlin major deviations items nine through thirty for possible action request for a Summerlin major deviation to allow a three foot to eight foot or 18 foot garage setback where three feet to 5 feet or eighteen feet is required on Lots 133 137 138 139 142 144 145 150 to 158 159 163 164 165 166 170 for 308 309 325 339 351 352 in 412 of a 421 lot single-family residential development staff recommends approval related item 31 TMP 765 36 Summerlin village 24 parcel FF GH for possible action request rate ended amount for a 421 lat single-family residential subdivision staff recommends approval items related items 32 and 33 32 GPA seven six five four five applicant city of Las Vegas owner southern REITs Nevada Regional Housing Authority for possible action request for a general plan amendment from M to PF at the northeast corner of Bonanza Road and Wardell Street Ward 3 staff recommends approval related item number 33 zero and seven six five four six four possible and request for rezoning from r3 to CV item number 36 su p seven six five nine six applicant owners six one two carson LLC for a postulant request for a special use permit for proposed 1380 1348 square foot tavern limited establishment with 83 square feet on the of outdoor seating area at 616 East Carson Avenue Suite 140 or three staff recommends approval item number 37 su p76 605 applicant just the mess LLC owner 201 Charleston LLC for possible action and request for a special use permit for proposed 1639 square foot tavern limited establishment with 600 square feet of outdoor seating area at 201 East Charleston Boulevard suite 100 Ward 3 staff recommends approval and finally number item number 38 SDR seven six four three eight applicant John's to loopy jr. for owner Danielle Realty LLC for poss Western request for a major amendment to approve rezoning and plot plan review for proposed nine thousand two hundred and twenty five square foot building at an existing auto dealer inventory storage development with a waiver to allow building facades with no visual interest where such as required at twenty two forty nine Red Rock Street Ward one staff recommends approval I will have a quick disclosure on item number thirty-seven I do live within the notification area this won't affect me any less or greater so I will be voting on the application Commissioner Slaven yes mr. chairman on item 35 make a disclosure it's a mere one dispensary use we're gonna do that a public hearing so I'll do my disclosed public hearing but what if I can keep going 36 let's see I think I have ongoing business relationship with the owner of the property so you have a statement on that and 37 on a bar right across the street from this tavern so I'll be abstaining on item number 37 thank you for the disclosures nice chair with that said mr. chairman I'd like to make a motion to approve one motion one vote with the pulling 34 and 35 to be heard under public comment and number 38 I have an amendment that need to be added so if I can have a record your chair item number 38 STR seven six four three eight we would like to add the following condition the trash enclosure shall be relocated to the midpoint along the west property line thank you applicant for that item if you could please come forward I need your name and address for the record and if you agree with the additional condition or changing condition good evening mr. chairman good evening commissioners Michael Bell on 1408 st. Marie Drive here representing the applicant mr. John's salut P and we agreed to the condition thank you all right there's a motion on the floor please cast your votes please post and that motion carries mr. mr. chairman item 7 36 and 38 will be final action this evening unless appealed to the City Clerk's office within 10 days items 8 through 33 in item 37 we move on the City Council and be heard as a part of their agenda on August 21st 2019 thank you and now we will move on to the public hearing items we'll start with number 34 su p76 493 applicant counts vamped owner c k PB LLC for possible action on a request for a special use permit for a proposed three thousand and three square-foot liquor establishment use with 397 square feet of outdoor seating with a waiver to allow a zero foot distance separation from a church house of worship where 1,500 feet is required at 60 750 West Sahara Avenue Ward one staff recommends approval can we get the staff report please mr. chairman the proposed tavern restrictive liquor establishment does not conform to minimum distance separation requirements per title 19 however the distance separation requirement can be waived subject to the applicant obtaining a tavern restricted alcoholic beverage license pursuant to las vegas Municipal Code title 6 the subject site has operated a supper club used since 2009 and a nightclub used since 2015 staff finds the proposed used to be compatible and harmonious with neighboring development and recommends approval of this special use permit please note that there are additional letters our protest and support since publication thank you thank you the applicant here for item number 34 thank you if you could please come up gave your name address for the record and tell us about the application thank you Kevin Mack 1:144 snow Creek Avenue Thank You mr. Mack you like to tell us about the application what's that would you like to tell us about the application yeah I mean it's it's basically we've been operating this way and they introduced a tavern restricted so no gaming and then this this way you know we we always felt like we should have had a tavern license there is one on the corner the old hungry hunter which is now the China buffet and that gentleman is a California resident that owns that property and I've talked to him through the city about you know us purchasing the tavern license many years ago and I offered him a hundred thousand dollars for the license and I told him I'd sell it back to him for a dollar if he was gonna sell his building but he has a 10-year lease with the China Buffet so we knew that wasn't gonna happen for awhile and he said no that he was not interested in in selling the tavern license and buying it back for a dollar so mr. Caine Ian worked very hard to get us a tavern restricted with because we don't really care about gaming we have live music and we just want to keep doing what we're doing we're not changing anything and and this way we don't have to have fifty five percent food and forty or fifty five percent liquor and forty five percent food okay okay this was noticed as a public hearing anyone from the public like to be heard in this item seeing no one from the public I will turn it over to the Commission for discussion Commissioner Roby my only question really is for staff ID with regard to that church I believe that church is closed correct do we know through You mr. chairman Peter loans team for the record I was talking with the applicant who has acknowledged that the Potters have vacated that building that was my only concern thank you Thank You commissioner would you like to make a motion on the application I heard make a motion to approve okay there's a motion on the floor please cast your votes subject to staffs conditions please post hey that motion carries thank you and mr. chairman that item is final action this evening unless appealed to the City Clerk's office within 10 days thank you moving on item number 35 I will be abstaining my families in the cannabis industry and we saw the multiple dispensaries in town Vice Chair Thank You mr. chairman item number 35 su p seven six five seven nine special use permit for a public hearing applicant Nevada organic remedies LLC on a bridge group investment LLC for possible action on a request for a special use permit for a proposed 1146 square-foot marijuana dispensary used at 1725 south rainbow boulevard sweet 21 staff recommends approval can I get the staff report mr. chairman the subject site complies complies with all minimum distance separations as set forth by title 19 dot 12 and staff finds a use can be conducted at a compatible and harmonious manner with the existing surrounding land uses therefore staff recommends approval this special use permit please note that there is an updated special map included in your supplemental information packet also note that there are additional letters of protest and support since publication thank you thank you mr. Commissioner stop me yes sir chairman are you just want to make a disclosure that my construction company has built cultivation facilities production facilities and dispensaries in the past I've never worked with this group I've always voted on these matters but just wanted to go ahead and put that out there that I have and I there's no conflict here so I'll be voting on this matter today Thank You commissioners lawmen this is a please state your name for the record and in your address thank you that good evening Ryan Arnold 26:20 we gotta drive here tonight representing the source Nevada organic remedies as staff indicated we are lying for a dispensary it's 1288 square foot location meets all the requirements and I apologize I had a jacket didn't think I was gonna need it so I didn't bring it but if you have any questions Commissioner I'm happy to answer them ok this is notice there's a public hearing anybody wish to be heard on item number 35 please come forward state your name for the record you got three minutes good evening thank you my name is Graham coder seven one one zero dough Avenue I just have a couple of remarks so I'm a proud resident of egis my kids here tonight are fifth generation Vegas were here we love this town I became aware of this only last night as my neighbors did when we got a notification of this this seems maybe intentionally underhanded we just we just thought it was pretty horrific that we only received this in the mail last night I'd like to ask the City Council to pull this from tonight's agenda and allow for a neighborhood meeting to be held I go with a very dense congregation of church friends and neighbors here who would like to be heard on this matter if you look at this map right here within the circle you see a city park where my children play baseball on the bottom left in the circle you see to the right Bonanza high school full of at-risk youth we're gonna walk by this marijuana dispensary it seems like an inappropriate place that may have slipped through the cracks here tonight whether or not the owner knows it weeds not safe I'm a federal agent I've spent the last ten years combating the cartel with marijuana okay there's a reason these businesses these dispensaries have such high security they're protecting their assets sure but they're protecting it from the criminal element and this is something I know okay you can be a business you can make money off of it I believe in democracy and if the people vote for it that's fine but I would also like to put that on the record that this is going to be a problem in this neighborhood and I just can't sleep at night without coming here tonight to ask for this to be withdrawn for a neighborhood meeting to be held for the people who bring their kids to play baseball here for the people who send their kids to Bonanza high school where my kids are gonna go to high school I just think that this is going to bring the roaches of society out those who would steal and Rob from this to get it with them with a marijuana dispensary you need to secure it you need a place to grow your seeds you need a place to put your money it's not federally illegal yet which means that they have to invest their money knowing that they can't bank 100% in federal banks so that cash and let's be clear it's a cash industry has to go somewhere and it's gonna go nearby and it's going to get robbed if they Council has any questions for me I guess I'm not sure what the process is but I'd like to be pulled from tonight's agenda so there could be a neighborhood meeting thank you anybody else wish to be heard on item number 35 seeing that I'll close the public comment and go back to the applicant yeah I respect his comments you know the state law is the state law we meet all the requirements again to clarify it is a dispensary we will not meet growing anything this is all product that is brought in the source is has several locations in the valley I encourage everyone to go and visit and see for yourself it is by far one of the the best operations I've ever experienced it's not the type of clientele I think a lot of folks are fearful of you know I wish I could add more to ease his concerns but again this is something that was voted in the law and we meet the requirements of separation so I ask for your approval thank you mr. Hill at this point in time I'll turn it over to Commission mr. Anderson would you be interested in meeting with the neighbors if we obeyed this for a month or so yeah I'm happy to here's my only concern and again we have his comment about the nefarious nature of the notification we obviously have nothing to do with that it's the the city process so I'm not sure what happened with the notifications we have no problem meeting the only thing I would ask is if there's any possibility of us doing that between here with an approval and when it goes to City Council the only reason I ask that is because we're under a ticking clock here we were one of the the most recent awardees if you will for a license and we have to perfect that by I think it's December 4th and to get this thing built and operational in that timeframe a delay is detrimental so you know I I wouldn't be doing my job if I didn't request allowing us to move to the next stage with the requirement that we have that neighborhood meeting we're more than happy to sit with them and go through our process invite them down to our existing operations the whole thing we have nothing to hide here but that is the primary concern right now is that timing is unfortunately of the essence mr. vice chair if I might I just want to interject here there was a two things one I want to make sure it's clear nearly six hundred notices were mailed on this side and 594 notices were mailed in compliance with the Open Meeting Law and in compliance with our city ordinance second this item is actually final action this evening so now would be the time to obey and hold a neighborhood meeting because it's not going on to City Council if that is the agreement between the board and the applicant my apologies I had assumed this was going the City Council given its nature so it was unintentional if that's the case if it doesn't end up being final action here and it remains that way yeah I mean it would be the same as if we were going to City Council so if we can do it within a two-week period I don't know if the neighbors immutable to that that would be preferred but I'm open to the MIT I'm sorry mr. vice chair so I don't believe we can adequately notice a meeting in two weeks we kind already have needed to do that so I would ask that if there is an abeyance request particularly for neighborhood meeting that requires proper notification that we give it a 30 day advance please mr. vice chair that would be my motion for a 30 day abeyance for a neighborhood meeting please chemistry all know do you agree to the 30 B 33 okay you heard the motion and that is a yes vote is to obey for 30 days and that is to the August 13th meeting August 13th thank you and that motion carries thank you Thank You vice chair good okay moving on moving on to items number forty through forty two number forty abeyance var seven six four six nine applicant rhythms dance studio owner four five four five West Sahara have LLC four paws flashing request for a variance to allow forty seven parking spaces where a hundred and seventy three spaces are required at forty five forty five West Sahara Avenue Ward one staff recommends denial related item abeyance su p 7 6 4 7 0 4 poss action and request for a special use permit for proposed seven thousand eight hundred and square square foot liquor establishment used with a thousand square foot of outdoor thousand square feet of outdoor seating with the waiver to allow a 150 foot distance separation from a similar use where 1500 feet is required staff recommends denial and related item number 42 a bansuri notification su P seven six four seven one four possibly and a request for a special use permit for proposed seven thousand eight hundred square foot nightclub use with a thousand square feet of outdoor seating with a waiver to allow a three hundred eighty five foot distance separation for from a church house of worship where fifteenth heard for use required staff recommends denial can we at the staff report please mr. chairman both a proposed tavern restricted liquor establishment and the nightclub uses require a 1500 feet business separation from any church house of worship at the time of application it was noted that a church house of worship was located approximately three hundred eighty five feet from the subject site during a recent field visit it was noted that a second church house of worship was located directly adjacent to the subject parcel resulting in a zero foot distance separation this distance separation may be way to the discretion of Planning Commission however staff finds no evidence of unique or extraordinary circumstance to support the parking parking variance request and that the proposed uses are too intense from the subject site staff therefore denial of all applications please note that there is an updated special map included in your supplemental information package also note that there are additional letters of protest since publication thank you thank you very much is the applicant here tonight is the applicant for number 44 rhythms dance studio here tonight okay I don't see an applicant but I still would like to hear the application I mean it's an abeyance item they were notified but this was notice as a public hearing anyone from the public like to be her in this item please come forward yeah heed your name and address the record please sir Alejandro Jean Oh je and Oh 26:21 castle would try Las Vegas a night one or two thank you as a member of the I'm a resident I'm leave behind the promises and I'm also one of the members for the church there's right next to it there is no truth that I see 300 and something food we are next next door so we are very very concerned about our kids because their kids play like right next door you know this is our biggest concern about about us you know we concern about our kids because they were plain and they've been having a lot of parties even though they don't have a permit yet I don't know if he is notice and that we're having a lot of issues already even though they don't have the permits so we will request to you guys take a look on that and I don't know why they didn't put us on the map but I we came in and we see that we're not on the map there was another church across the street they're the only ones there on the map and we're not okay appreciate you coming out tonight anyone else like to be heard in this item I see no one I will close the public hearing turn over to Commission Commissioner Rogan are you okay with hearing this item Sam thank you sir Justin to answer your question it appears as though that staff just found out about your church recently so they did put it on the Supplemental materials but the materials that you probably have didn't list it but it is listed on the materials that we have in front of us mr. Sherman I have concerns the same concerns that staff raised regarding the parking and the intensity of the use and therefore I make a motion to deny these three items 40 41 and 42 Thank You Commissioner we'll take one at a time okay so we'll go with item number there's a motion on the floor please cast your vote Thanks yes vote is for denial please post and that motion carries commissioner Robin you want to keep going with 41 and yes please same motion motion on the floor motion for denial please cast your votes please post and now motion carries [Applause] and 42 the same motion for denial your mr. Fenton mr. chair thank you very much there's an eye motion the floor for denial item number 42 please cast your votes please post and that motion carries and mr. chairman those items are final action this evening and less appeal to the City Clerk's office within 10 days thank you moving on to related items 43 through 44 43 is GPA seven six five five zero applicant America real estate company owner of all gender sing Rhonda hawk for possible action request for a general plan amendment from SC to LIRR at 39 51 North Rancho Drive Ward 5 staff recommends denial related item number 44 zero and seven six five five one four posish and request for rezoning from c1 to CM staff recommends denial could we get the staff report please mr. chairman the proposed general plan amendment and rezoning provides for a variety of compatible business warehouse wholesale office and limited industrial uses that are intended to be located away from areas of low and medium density residential development staff has determined the proposed general plan designation and zoning district are not compatible with the existing limited commercial and single-family residential developments in the area therefore staff recommends denial of these applications please note that their additional letters of support and protest since publication thank you thank you is the applicant here tonight for items number 43 through 44 I'll need your name and address of the record if you could tell us about the application please my name is Mike Vargo Veatch I'm the president of u-haul company of Nevada you spell your last name for us please the vias and Victor AR geo v as in Victor I CH thank you very much okay well we're what we're proposing here is a extension of our existing business at 3969 North Rancho we have a large storage and truck sharing facility on the property in between our property and the skating rink the Crystal Palace there's a point six three acre parcel that we would like to put a mobile storage facility on which is being determined as a warehouse facility the mobile storage is a I'll say a newer method of getting people to a more convenient means of storage in order for us to allow the use we do need to get the general plan amendment and the the rezoning for the property my opinion is based on what we are trying to accomplish on that small piece of property it will enhance the enhanced the area that's been vacant since 1937 the the piece itself has got limited limited access limited availability and our proposed proposed use is even although it's a warehouse it is just a another way of people storing away their belongings we'll have people coming to our facility with the boxes and we'll have us taking boxes to people there's a there's a lot of different ways that I can try to sell our new box business to you folks but in general it's a warehouse facility I do have rendition photo if I can figure out how to get you you can put it right in front of you on the Oh it'll come up on the overhead yeah turn it one more time there you go there we go okay so going from the empty lot to something like this is absolutely is absolutely going to enhance that area a long Rancho of course will be complying this is a rendition photo but will be complying with any requirements the city would have of course will be doing landscaping and all of that so that it it really takes an area that is c1 c2 and we're real close to that same type of that same type of use I have talked with of a skating rink Crystal Palace the owners there I've talked with the cobblestone construction which is right behind and there's a trailer repair place beyond that on the other side of the street it is I believe on the other side of the street at c2 with the Veterans Hospital and then of course our property from there up to the corner so if you have I'll be happy to answer any questions for you and I would ask for your approval thank you very much this has noticed as a public hearing anyone from the public like to be heard in this item see no and I will close the public hearing turn over to the Commission for discussion I just have one question not so much for the applicant but for staff under the CM their commercial industrial I guess my question would be why wouldn't we just go c2 because I think under the industrial I mean pretty much anything goes under that term right you could do rocker feel there if you wanted to and I just it gives me a great concern that that land can then be used for just about anything to that neighborhood so three-year Commission see - Jonathan Boyles Department of Planning the proposal for the development of the site is going to encompass a warehouse facility for mobile storage the warehouse facility is a permitted use under the proposed cm zoning district which is why he's asking for cm the c2 district does not allow for a warehouse as a permissible land use okay but it might correct that once it goes industrial like pretty much anything can go on that land through you to our Chairman Terry yes you are correct once it is hard zone 2cm they are going to be able to develop it with any permitted use underneath that land use zoning designation so you are correct yes I guess to vice-chairs point though if it was c2 can't they apply for an SUV to have a mini storage mr. chairman it's it it's not a you warehousing is not a use that's allowed outside of our industrial zones so you can only do a warehouse as a permissible use whether by from by right condition use or su P within our industrial zone it's not something that's available to be asked for in a c2 okay and this is where it kind of a little hung up because it looks like a storage sounds like to me there's a bit mr. chairman if I could if I could speak the the proposal that we're that we're trying to do here it's you know it's you whole company we've been at that site the other you know the other five almost six acres since 1997 and I do agree with they the other comments that yes once this gets Riis owned that does open that up to you know week I guess we could put a you know something else there I can assure you that being that it's u-haul and being that it's this level of business it is going to be a storage it's the storage facility as determined by planning it's a storage warehouse that's what it will be from here to until eternity you understand the concerns I do understand the concerns but I you know I asked for that approval so that we can we can move forward with this particular project okay thank you okay so I'm just trying to wrap my head around this one cuz I mean we're not talking about about a Speedway here or somewhere you know I mean we're talking right on Rancho putting on industrial there that you guys decide you want to flip it because the economy takes a crapper or whatever then somebody wants to build put jet fuel there they can so my question to staff is how do we then if this is what he's submitting if if there's any deviation in any way shape or form with that applicant after then come back I mean once I know once we give up that zoning there's no backsies and I'm just concerned about that and I rather see it go a c2 would especially use permit in some way shape or form then go industrial on Rancho right backing up to a community I mean that's just to me that's not harmonious incompatible and that's my only rub I think you got a beautiful product here and I'm not trying to steal your thunder attack yeah I'm just trying to protect the community that lives around there whether it up here to speak or not I just want to make sure at the end of the day we did it I did I felt comfortable about it right right through you chairman Terry you are correct once the property is hard zone they will be allowed to develop underneath any permissible use underneath title 19 12 however the warehouse distribution centers land use is not permitted at all within the c2 zoning district so we would not be able to do a special use permit for that land use in that zoning designation however any development future development on the site would require a site development plan review and would have to come back in front of this body Commissioner Williams Thank You mr. chair so I too had a chance to visit the site and given its current condition obviously it's going to do the area a lot of good to be developed I take the comments very seriously with concern in terms of future development zoning opportunities when you look at Rancho and and the adjacent properties across the street and the things happening around the area it could it could benefit from this type of product so I would like to motion for approval okay on items 43 and 44 we'll take them one at time item number 43 we have a motion for approval please post and that motion carries thank you and item 44 thank you there's a motion on the floor for approval on item number 44 please post in that motion carries and mr. chairman those items will both go forward to City Council and be heard as a part of their agenda on August 21st 2019 thank you moving on to related items 45 through 50 45 GPA 7 6 5 7 3 applicant owner misty Rose holdings LLC at all for possible action on request for a general plan amendment from GC to Li are on 1.28 acres at 16 16 16 22 and 16 30 Sunset Drive Ward 5 staff recommends denial related item 46 CO and 76574 for posish and request for rezoning from c2 to M industrial staff recommends denial related item 47 VAR seven six five seven five four pause washing request for a variance to allow a ninety five foot wide lot width where a hundred feet is required and to allow an 8 foot front yard wall where five his feet as the maximum allowed staff recommends denial related item 48 SDRs seven six five seven six four posish and request for a site development plan review for heavy machinery and equipment storage development staff recommends denial related item 49 vr seven six five seven seven four poss flashing request for a variance to allow an eight foot front yard wall where five feet is the maximum allowed staff recommends denial and finally related item number 50 STR 7 6 5 7 8 4 + wash and request for a site development plan review for a heavy machinery in equipment storage development staff recommends denial can we get the staff report please mr. chairman the proposed general plan designation and zoning district is intended to provide for heavy manufacturing industries and locations where they will be where they will be compatible with and not adversely impacted jacent land uses the district is intended to be located away from all residential development in addition in addition the proposed site development plans our variances to comply with title 19 standards because of the adjacent residential uses and the associated variances staff finds to propose general plan amendment rezoning and site development plans to be incompatible with other properties in the area staff therefore recommends denial of all applications please note that there is an updated staff report containing neighborhood meeting information in your supplemental information packet also note that there are additional letters of protest since publication thank you thank you very much yes Rikki Barlow for the record 3172 of north rainbow sweet 2-0 - glad to be standing before the commissioners here today on this item representing the applicant as you see and as you all very well know specifically coming off of the Rancho corridor at the item right before this one this particular site has been owned by two families for over a decade each plus and the site has actually been operating as a landscape yard for over a decade and it was the city of Las Vegas that approached the applicants as well as the other property surrounding this who are also coming forward within the next few months with the same application because the designation of what they're using a yard for and what they have been using the yard for is in non-compliance of the city's code and so the city asks us to come forward to appropriately zone the land of the landscape yard which they basically stated that we can only operate under this designation and so I asked the city if in fact you know understanding this area as well and specifically the key location of where it currently exists every property to our north west south and east sides are all operating under an industrial use but they're not the zone that way and right on sunset on the west side of the street is the county line and there's a used-car lot right in front of of the clients properties that has approximately d-plus cars on the site but that's the county side and so this entire area right now unfortunately because of the organic growth of what's been happening there for over a decade the city has stepped up and asked for each property owner to come forward and appropriately zoned each site in order for us to operate and continue to operate so that we're not putting these small businesses out of business one of the key properties that I'm representing today two of them actually both parcels Missy rose and mr. Lopez their sites have actually been sites where they've been awarded the contract to assist with the expansion of us 95 and I 15 and so as far as the heavy industrial use the only thing that will be stored there will be vehicles that are maybe just a little bit larger than an f-150 we're not looking to bring in high heavy utility dump trucks anything like that because that is not the business model of what these applicants and business owners have been doing and so we're here before the city at the city's requests with this zone change in order for this company to continue to operate and function like they've been doing for over a decade and I would be remiss if I didn't mention that we had a neighborhood meeting and we I went and also with our team walked the neighborhood spoke to neighbors we had a neighborhood meeting on last Tuesday and there was no one that showed up to the neighborhood meeting with the exception of city staff and so with that that was a telltale sign to the applicant that the use being that has been there all this time it's really not impacting the neighborhood in the sense because there's no vehicles that enter or basically protrude through sunset they basically coming off of Vegas drive onto sunset and back out to Vegas to to continue to move their their storage their storage trucks so I'm requesting of the item and with any conditions or or special conditions that the Commission would like to place on I'll be happy to do that because I've heard the vice-chairs concerns on the last item and I think it's only fair understanding the position of wanting to protect you know the core of the neighborhood and I support that and so if there's any conditions that staff would like the place on the item we'd be happy to do that as well we just don't want to place anyone out of business that has been that that have been operating for over a decade doing the same thing in the city approached the client Thank You mr. Barlow okay this was noticed as a public hearing anyone from the public like to be heard in this item seeing no one I will close the public hearing turn over to the Commission for discussion committee Williams Thank You mr. chair I'd like to hold this item if I could just to meet with mr. Barlow and client and visit the site and just get a better understanding and just really understand its totality the project okay mr. Brodin agreement with the request I am I'll be happy to meet with the commissioner absolutely and congratulations to you commissioner by the way thank you okay what is the date like to make a motion for it I'd like to make a motion for to hold the item items really put is it 45 through 50 hold on through August until August 13th okay there's a motion on the floor please cast your votes please post and I motion carries mr. chairman I applaud you I just want to make sure the the motion was just to hold it so the Commissioner can meet with the applicant not anything about another neighborhood meeting correct correct okay okay moving on to related items 51 through 52 51 is GPA seven six five eight zero applicant owner for him for life Inc for possible action request for a general plan amendment from pf2 SC at 800 North Bruce Street Ward 3 staff recommends denial and related item number 52 0 and 765 a 1/4 past watch and request for a rezoning from CV to C 1 staff recommends denial can we get the staff record please mr. chairman staff finds the proposed service commercial general plan designation and limited commercial zoning district would permit land uses to intents directly abutting the existing residential developments allowed uses such as restaurants and general personal services are typically open past normal business hours and would introduce public activity that is incompatible with the detached single-family residences that currently exists in the media area therefore staff recommends denial of both requests please note that there is an updated staff report containing neighborhood meeting information in your supplemental information packet also note that there are additional letters of support since publication thank you thank you very much any name and address again mr. Barlow I'm sorry name and address for the record yes for the record Rikki Barlow 31 72 in North rainbow Suite 2 0 2 Thank You commissioner and on this item this is a wonderful piece of infill as I would like to put it specifically when you have an infill site and have an opportunity to work with the neighbors to identify the highest and best use that they would support and coming ingredients with the applicant I think it's the best best and the most win-win for a site like this this is a site that is unique within itself because it's just east of Cashman field and everyone understands the conversations that have been going on in regards to the repurposing of catchment filling the possibility of the MLS Stadium and so with that the neighbors are very concerned in regards to what's coming into their neighborhood and how in fact the developments and the new developments that are coming into the neighborhood how that will be impactful and so we hosted a neighborhood meeting on last Monday with the neighbors and we had neighbors such as mr. Peter his wife Barbara miss Sheree Miss Erica and her husband Jose who all attended the meeting and we shared with them that we want to bring a development into this site that is harmonious and that is something that they can live with versus bringing something that would be impactful and that would basically damage or impact their community to the negative and so we had a very good meeting and what we share with them as far as the mixed use designation of as far as what we were looking to bring into the area and if we can go to the overhead I'm not sure can you all see it this way you want the other way that's good this is good so on the front piece of the parcel which is which is basically the westernmost portion of the parcel on Bruce we're looking to basically have a commercial frontage with approximately 12 units of retail on the front facing Bruce and the neighbors really enjoyed that because they could see themselves and envision themselves walking from their neighborhood over to the local Starbucks or sandwich shop or alarmed a drycleaners inside of this facility right now a lot of the neighbors have to leave their home in their vehicles and travel as far as Eastern in order to receive the necessary amenities and so we asked what they prefer to have all apartments on this piece of land and unanimously they said no and so we said well do you all mind if we basically mix it up because over the course of the conversations and the meetings that I've had with a variety of neighbors there they said they were rather be broken up as far as having some softer retail on the nothing that we're looking to have 24 hours to negative to negatively impact the neighborhood nor are we looking for any retail to come in basically with any liquor sales because of the adjacency to the school which is only less than a couple hundred feet from this property line and on the east portion of the property we're looking to do no more than two story of residential units and so we worked with the neighbors and had them select which style of unit they would like to basically but the commercial piece and they basically went through a conversation and selected which one of the units they would support on this particular land development that we're looking in proposed to bring four to the council later as far as a site development plan and so today before you is the requests for the GPA as well as the zone change in order that we may continue to work with the neighbors and bring back the appropriate development that will support this neighborhood and the residents will be able to embrace at the same time and I believe that we do have some residents here mr. chairman that may want to share a few words and so I'll step aside and allow them to come forward if in fact they choose to do so thank you very much this was noticed as a public hearing anyone from the public like to be heard seeing one person can't your name and address for the record please Watson 720 North 17th Street Hado mr. Watson I attended the meeting and his correct we liked the idea of when he proposed the mixtures the the property that was laid out the drawings that they showed us I think that pretty well addressed all your concerns when you have the motion to deny this I would prefer you move forward with this project thanks for coming out thanks for comments anyone else in the public like to be heard see no and I will close the public hearing and turn over to the Commission for discussion missioner Williams all right Thank You mr. chair looking at the project and in its totality and again what it's going to do the area I'd like to make a motion for approval okay mr. chairman yep before we make a motion if I could just make a couple of comments please and hello mr. Barlow I would say good so I just wanted to make sure I mean because this is an in word Ward number three so basically we're just trying to get the GPS yet it's actually in War three it's what it's in war three okay and no problem I have no problem if you make a motion my ward I just want to put a couple of comments out there before you did so I guess your clients trying to get the entitlements right now for a future development they have ideas on what they're wanting to do but they don't know exactly what they're wanting to do when do you think a site development review would be brought before us or you know some proposal for what you want to construct the site development review will be coming forward this year sir okay we've been working with the neighbors because originally the developer wanted to come in with all apartment-style housing but as mr. Peter would tell you in all of the neighbors that was something that they walked against heartily because of the impact of the school that is just less than 200 feet from the property line property line the property line and also the impact of traffic that they were very concerned about and so working with the developer we basically stepped the site development plan review back in order to work with the neighbors to work with the neighbors that come up with a concept that they would support and so for that we'll be bringing that forward this year okay and there are some pretty pictures but just one one on the record that we were not voting on that tonight we're voting on just the the land use the GPA and that's why I wanted to basically present that to let you know that it's all in tandem that I understand I was putting the cart before the horse but I want to Elise let the remaining commissioners and the new commissioners understand the totality of what the conversations have been from a historical standpoint so I can appreciate that commissioner okay and then this little quarter I mean there's a lot of multifamily and a lot of residential there I know it's directly on the street and it kind of kind of fits to have a mixed-use development there I I just want to make sure that we don't over build it with too much commercial when we build that and it's going to depend on what what happens in the area and how you know what will happen so Cashman across the street but we we just need to be cognizant of what's going on because I'm just concerned about the whole thing becoming commercial and with so much residential right there yeah we have absolutely no interest in going 100 percent commercial because we worked so many months with the neighbors Commissioner to get to this point and so there would be hundreds of neighbors as mr. Peter would tell you that would be out here if in fact we were moving in that direction the the the owners have no interest in going back to where they where they've been because it's been a struggle to get to this point to where as we have neighbors in support of where we are today and so for that I have to compliment staff as well because they've basically pushed to make sure specifically for your concern that we have the appropriate percentage of commercial versus the resin so they've been very deliberate in their approach in regards to how in fact we roll this out okay all right well as long as we have that clear four comes back before us because we're going look at that pretty close and want to make sure we're not getting to fast food or anything too close to residential anything that's really going to hurt that area but I appreciate you stating that and Commissioner Williams must make a motion so mr. chairman on item 51 GBA seven six five eight zero move to approve subject staff's conditions based on testimony heard tonight thank you as motion on the floor please cast your votes please post and that motion carries thank you yes I mr. chairman on item number 15 to zero and seven six five eight one moved to approve subject to staffs conditions based on testimony heard tonight thank you as a motion on the floor please cast your votes please post and that motion carries and mr. chairman those items will go to Council and be heard as a part of their agenda on August 21st 2019 May 3rd I'm sorry May 3rd no August 21st August 21st yeah no we're not gonna make you wait a year just I thought you system I just want to correct you and Commissioner just in closing the when the site development plan does come forward as we continue to work with the neighbors I would like to have an opportunity to meet with you so that you will be a part of those conversations as well to address your concerns sir please do thank you and that was August 21st 21st as a part of the 11:00 a.m. agenda thank you thank you moving on to items number 53 through 55 out of an abundance of caution I will be abstaining my company as a financial interest that works directly with the principles that are the applicants so I will be upstanding and turn over to vice chair Thank You mr. chairman related items 53 to 55 53 GPA seven six five nine eight the owner 6:34 north main street LLC for possible action and request for a general plan amendment for a mixed-use 2 light industrial research at the northeast corner of Bonanza Road and Main Street staff recommends denial item number 54 is the on7 659 for possible action on a request for rezoning from c1 limited commercial to commercial industrial staff recommends denial and last but not least item 55 STR seven six six zero zero for possible action on a request for a site development plan review for proposed sixty two thousand nine hundred and seventy-six square-foot warehouse development and a 10,000 square foot shade structure with waiver for appendix F interim downtown Las Vegas area two development standards staff recommends denial may I have the staff report please mr. Commissioner the subject site is located within the downtown Las Vegas Cashman district which allows all deviations from title 19 development standards to be addressed as waivers associated with the site development plan review the applicant has requested multiple waivers of appendix F interim downtown Las Vegas development standards to allow reduced required on-site parking building setbacks landscape buffers residential adjacency setbacks and to allow increased perimeter wall height and lock coverage throughout the site due to the multiple waivers of title 19 development standards associated with this project staff has determined that the proposed project is not compatible with surrounding development in the area and will have a negative impact to the adjacent single-family residential properties located to the north and east of the subject site therefore staff recommends denial of the project please note that additional letters of protests have been received since publication thank you thank you sir please state your name for the record sure good evening chairman and vice chairman commissioners my name is todd kessler 261 Las Vegas Boulevard north I'd like to welcome the new commissioners and say hello to our existing commissioners is my pleasure to present this application for a general plan amendment from mxu to LIRR as well as a corresponding rezoning from c1 to CM as well as an additional SDR with the corresponding waivers this 60 2009 seventy-six thousand square-foot warehouse will be an integral component of the new circa Resort Casino and hotel scheduled to open in December of 2020 it also will help the facilities at the D and Golden Gate casino hotels we believe this project is appropriate I'd like to talk about briefly about a few reasons for that we were very mindful of at all times of the residential component to the east and to the north our design incorporated a sloped roof which you typically do not find on a warehouse we additionally but rounded corners or cupola along the main along Main and along the first street corners those have a lot of windows let in a lot of light those are typical things you don't see in a typical warehouse we also use the color variation to help break up the the scheme and help the eye be more palatable we used masonry walls that were more reminiscent of that time frame my architect is here tonight and if there's any need for him to discuss how he came up with some of the designs he's happy to talk about that as a relation to the rezone if you look at this property we have cm property on all three other existing hard corners on this corner of Main and Bonanza as well as M zoning along the west side of Main as well as CM zoning along the east side of Main we have a series of corresponding waivers those who really do too many of the unique natures a unique nature I should say of the kind of downtown experience that was happening along this corridor we have a 10-foot fence for request in lieu of an eight-foot height that is due mainly to security reasons as well as screening reasons because there'll be activity inside of the warehouses own let's call it or inside the site the higher fence will help screen that activity from the residences to the east it'll also allow for additional security as I indicated before one of our other waivers is a parking related waiver from thirty-eight spots the sixty-three that required pursuant to code as I indicated my justification letter there's no not going to be more than three full-time employees at this location the need for they'll be more of drivers and related other things but the need for parking in a typical warehouse fashion is not there our landscape was designed I'll say with some of the challenges that occur in this environment we shorten some of our landscape buffers intentionally working with staff and others to think about how we thought about what could occur in these areas that's and some of the reasons for the short landscape buffers we just so you're aware we held the neighborhood meeting for the GPA on June 12th I had many conversations with landowners since then had the pleasure today of meeting with Heidi Swank who of course is with the nevada president Preservation Foundation and she came up with some great ideas and ownership is receptive to those we will continue to work with her between now and city council as that relates to that I would like to thank staff for their help in this this matter as well as the neighbors who came out and spoke with me as well as the planning commissioners I had the opportunity to speak with given the new agenda and new situations with everybody as well as mrs. Swank for her meeting today in summary I simply asked that you approve it subject to staffs conditions I'm happy to answer any questions and with that I'll pass the torch thank you sir this is notice as a public hearing there's anybody from the public wish to be heard on these agenda items please step forward come to the mic state your name for the record in three minutes each please my name is Oliver Moore I own two properties actually one my real residence 7:30 to be North first Street and the other property rental properties 700 North first Street which is right across the street from there supposed what is it a garage or what L is that I don't know anyway bonanza and Main Street is one of the oldest intersections in town historically I think every one of you know that and I could actually go to the corner there which is not too far from my rental house I could hit a golf ball even at over 70 years old I am right down to Main Street Station which is you know prime casino a very good casino and that our main bread and butter in Las Vegas is our casinos right that's where we generate all our money for our city basically to build a boom garage coming out a couple blocks from downtown is really as nine and anybody thank you anybody else wish to be heard on this item please come forward state your name for the record I'm address is 103 want to be Pompeii place please repeat your last name I think is it luck and we own a couple of houses in that area we opposed the mixed use of it we want you to be mindful of the community that does live there it's a residential area there are lots of families and torn that lived there and them one story homes we can see the downtown lights from where the homes are built and we don't want that taken away from us the homes are bought in 1942 1943 so they really historical buildings they were built in the second during the Second World War and the Nevada both ma Hotel was on the same site as well that was 14 1944 and we want to ask you to consider preserving the district leaving it as it is and not to approve the zone change so that the community that lives they can enjoy it thank you very much does anybody else wish to be heard please come forward I suspect this is a little too low for me good evening Heidi Swank I'm with a Nevada Preservation Foundation 330 West Washington 89 106 we did meet with the applicant today and what we do share some of the concerns that the neighborhood has about the compatibility of this building across the street from the the one-story bungalows that are the Biltmore bungalows and we think that anytime we're going to diverge from the design standards that I would ask that the Planning Commission take that very seriously it does set a lot of precedent going forward and so we want to be very mindful of the neighbors so we've received a call from the neighbors regarding this project and we met with the applicants and came up with some ideas on ways that should the Planning Commission City Council decide to approve this that it could be made a little bit softer and a little bit more easier reception hopefully by the neighbors so some of the things that we would suggest is on First Street I know there's a smaller setback than there is on main and bonanza and we would ask that that be put back an increase to the same size as on main and bonanza and it does provide a little bit more room for landscaping and since all of these homes face this building are on First Street that seems a good way to kind of soften that look we would also ask that instead of palm trees I know that's a go to plant for the city eucalyptus trees actually could work much better in a space like this they are equally upright they don't take a lot of horizontal space they don't create a lot of shade that makes for Hut makes it hospitable but it does have a lot more greenery I know that this may not be on the city's list of preferred trees but I think that's something we need to consider going forward it does make it a lot softer look when you're looking at your living room window across the street we also would ask that catclaw are kind of similar vine be added to the the wall along first Street in order to again soften that look provide some greenery for the view from those houses on 1st Street and also among the landscaping we would suggest that on northern part of that wall along along First Avenue could be added some text something along the lines of welcome to Biltmore bungalows established 1942 just to provide a little bit more of a welcoming entrance and again some more softness for the neighbors as far as the warehouse itself in the color scheme we would suggest replacing the square windows with largely elongated obscured windows that have lighting behind them that come on at night to kind of activate and give that building a bit of energy so again it looks like a not like a warehouse at night when you're looking at your living room window we would also change the color scheme and I actually brought our kind of go to decades of color schemes that we can take a look at this so here we have just generally a 1940's color scheme if we could go not necessarily exactly with these colors but the more muted colors that are from the 1940s not the the general beiges and whites that are ubiquitous in Las Vegas so again we do have some concerns about the compatibility of a warehouse at this space but should it go forward we would just hope that there would be some modifications made that would make it a little bit more friendly to the neighbors thank you and thank you anybody else wish to be heard please state your name for the record thank you good evening excuse me my name is Cory Vincent I live at 2153 Bridal would drive eight nine one nine I moved excuse me I moved into that neighborhood in 1962 with my family my dad was hired by the RJ as a writer and I lived there through my teens and we enjoyed the neighborhood we walked up to means up to Maine and Fremont Street to go to the movies I used to walk up to the library and it's been been a wonderful neighborhood and I still own the property on at 105 palm Lane which is just two a couple blocks down from one block off of First Street it's a story neighborhood and I think we're all trying to help preserve our historic neighborhoods now and I don't think a warehouse in that area is very much of a preservation of the neighborhood we all pay taxes and our money for the redevelopment of downtown should be also person for helping the neighbors keep their properties up and keep it a nice neighborhood and I don't think that a warehouse with with lights and those that straight First Street is very narrow and the people that live there Park on the street they have their children and it's not a place for trucks big lights and a business at all thank you very much thank you anybody else wish to be here please step forward stating into the record hi my name is Charmaine I own a property on 604 North first Street many of us had purchased properties over there and have spent money to improve the neighborhood and and we feel that having a way house they will not be suitable there are other places that are more suitable for warehouses I would ask that you deny the zoning changes the houses in that area are mostly single-story family homes families of children that live there we do enjoy the beautiful downtown lights and we do not want any structure higher than one in their one-story homes since our properties they were both in 1940s as part of the boulder dam we do would like to enjoy the and preserve the historical nature of the of the area and not have anything industrial or warehousing or you think they there are the places are better you suited for warehouses and we would appreciate your consideration in the denial thank you thank you anybody else we heard okay seeing none I'll close the public hearing and back to the applicant sure I just do it you know bring up a couple comments that I heard just to address them you know start from the fronts not a garage it's it's really a warehouse there's not anything similar to a garage that's going on over there you know again we had a great meeting with Heidi today at 12:30 she came up with some great ideas the colors look beautiful you're receptive to many of the things she spoke of I'm not guys indicated in my my preamble we're gonna continue to work with them over the next between here in City Council which is August 21st you know just quickly from mrs. Vincent's perspective you know in our design we were very mindful of the residential to the east and one of the key things you'll see is our entry point only entry point into the access is along main and main is a corridor already in essence of traffic and that's of that nature so that we no entry are no access or no activity along 1st Street that is as well as Bonanza and that helps preserve some of the safety concerns that she was was mentioning you know as I indicated there's a warehouse caddy corner and the additionally the others caddy corners RCM with that I'm happy to take any questions or comments from the Commission thank you at this time I'll turn it over to the Commission anybody wish to make a comment all right Thank You mr. vice chair I think that what I'd like to do on this item is hold items 53 through 55 I think that listening to both yours and miss Heidi's points recommendations I'd like to get a better idea of what those things are really going to look like and so if I could through you chairman or vice chairman it's over to the Commission right now so just hang tight yeah does anybody else week to wish any comments Commissioner Tucson aye I do like the to change the Assemblywoman Swank said to change the palm-trees to eucalyptus I'm not a real fan of palm trees they all look like Bart Simpson when they start trimming him at 10:00 and 2:00 I mean they just don't look good just my personal opinion and I believe that the color scheme that that she's come up with really does enhance the neighborhood so I would be in favor of that when we do hear this thank you Thank You commissioners lemon yes I would just echo the same things of Commissioner Toussaint but I'm not sure if through you mr. chair miss link that was her only copy or if she could turn that in for the record I've never seen a colored shirt like that with the different decades but that's not your only copy I'd like to see one but no other comments I agree I think there's just a few things it could be worked on here and if this is going to counsel which it's a GPA so it's definitely going to counsel and this is gonna be one of those items it will need to be figured out or reworked before Circa opens and we all know that some need the tight time timeline so to keep from holding them up I'd like to see it go forward but it is the commissioners motion and I think maybe we should ask mr. Kessler they're willing to hold it or not Williams would you like to ask mr. Kessler are you willing hold it and I'll give you some justification for that right now again this is an intro component to Circus opening because we're on a very tight schedule I am unwilling at this time on the applicants behalf to agree to that I would ask again based on the work that we did today my continuing commitment to work with them as we work in the next six weeks between now and City Council just so you're aware this is not typically there's usually four weeks we're on a kind of a different track based on the GPA so I think it gives us a lot of time and again if it wasn't integral and vital mm-hmm to something that is a tremendous project I would say a different answer but with that that's my request what makes you enjoy : vital how it's the warehouse and how goods are delivered to the system is integral should this project be denied at City Council etc those kinds of things and how it affects what the others it just has a dramatic ripple effect to everything but this isn't in denying this is just to get a full understanding of the changes that you're proposing today so you're saying you're not willing to hold this item until August a chance to examine it further what I would ask that you give us the time to work it out between now and Council rather than hold it in abeyance sure absolutely now public comments close Baba columbic it's closed public comments close thank you all right mr. vice chair I think that considering the the timelines I'm gonna ask that in good faith you make the changes and and be prepared for a meeting with City Council and so I'm actually going to change my motion for approval based on the changes we saw today okay you've heard the motion please cast your vote and the motion for item 53 carries thank you and you have my continued commitment to also 54 and 55 motion the motion is to approve item 54 please cast your vote and that motion carries and motion to approve item 55 you heard the motion for approval of item 55 please cast your vote please post and that motion carries and mr. chairman those items will move forward to Council on August 21st 2019 I would just mention to make clear for the applicant that time is of the essence to get revised plans in because everything that was suggested by the representative from the Nevada foundation will require revisions to your plans if those are acceptable to you so we need you to work with staff as quickly as possible to get those revisions absolutely thank you thank you moving on to items number 60 through 61 mr. chairman if I might we've received a request the applicant is present for items 40 through 42 I believe it was and I believe the Commissioner is willing to motion to have those we heard to allow the applicant to put his his comments on the record Commissioner rogen that would be my motion okay there is a motion on the floor to rehear 40 through 42 it's a mr. chairman just for clarification that would be a motion to reconsider you consider yep it's a motion to reconsider yes okay please cast your votes please post and that motion carries and I will read them back into the record read them back oh we can reopen the hearing okay can I get your name and address to the record please owners I'm sorry my name is nathan strago I'm one of the owners at 4545 West Sahara Avenue we are a dance studio and Event Center I apologize for being late I've been working on this for two years so this is extremely important for me my car battery actually died and I was literally knocking on neighbors doors trying to get a job so I apologize for being late this is not taken lightly and I appreciate you to hearing me allowing me to come up here and I apologize to everybody for holding up the rest so we opened this facility up it used to be the old Phillips supper club I'm used to seeing a bunch of different faces up here so I'm sorry you guys don't know our story but it's just me and my partner we literally sold everything we had to build this facility hopefully you guys have seen it it's a beautiful building it's a dance studio and Events Center we we do a lot of kids during the day but we also teach a lot of Latin dance and so we built an event center with a stage we have nine dance teams from kids to adults and we needed a place for them to perform and things like that in in the interim in order to make money because it is such a huge burden on our shoulders we have a two and a half million dollar loan including the land on this building so we definitely improved the the area and so in order to make money to pay the bills we do weddings birthdays things like that I've been operating as a nightclub for over a year I haven't had one complaint I've had Metro ordinance at my facility anywhere from 11 o'clock to 1 o'clock in the morning I've had city ordinance I've never had one complaint I've been working hand in hand with Lois our canyons office who is no longer here so this is all new for for everybody but the tavern restricted as you can see is only for a certain area of this city a very very small area from our ville to Durango only up Sonora and that is for a reason for only a few people which was us and vamped and maybe one other so we've been really working for over two years to make this happen we've never had a problem in the neighborhood we keep a super clean facility every time there's graffiti on our building or on the front we clean it the same day we're a positive to the community so that you know for us to pass this is extremely crucial for us to keep our doors open so that we can continue to operate we've turned down so many public events so that we can stay in compliance we could have easily taken them and just hope that nobody would have found out but we've been hand in hand with the city for two years and followed every everything that they've said and we've been on a very straight no so we hope that you would consider to approve this it is crucial for our business to keep its doors open we're not a big company we operate clean never had any problems with us and we hope that you would consider approval thank you very much this is notice as a public hearing anyone from the public like to be heard seeing no one from the public I will note that there were some people that did speak in opposition of the application when we opened it up previously and I will turn there was one gentleman and he was with a group of four people do you know what business was I'm sorry it was it was a resident that was behind there so I will turn over to the Commission for discussion Commissioner rogen Thank You mr. chairman just for the record it was actually a resident and a person who attended the church that's immediately to the west of your property you're talking about the church that's right next to the liquor store we've we've never had an issue with any of our neighbors speak to this no sorry no problem and thank you for coming I'm sorry that you had such car trouble my only concern with this and and I'm sorry about that is the the number of parking spaces is so deficient and the objections that we had received were with regard to the parking situation given the events that you already have under the license that you have and the use that you have is already deficient and now with this request for special use permits your everything 73 percent deficient in the number of parking spaces and I don't believe that there's any manner in which you can you know alleviate that concern we actually have an easement to the east okay to park anytime after five o'clock and I have a copy of that easement that I can provide you that easement is good for 90 years and I guess the question for staff would be it was is that the case that this easement can be used for parking and was that included in the analysis that you completed through your chair I do not believe that was used in the house we had we do have provisions for offsite parking agreements and that sort of thing that we could look at but as far as for this application that was not considered or brought to our attention we we've never ran up against an issue with parking we've never had an issue with parking with our neighbors we work hand in hand with the liquor store next door you know we always ask them hey you know we might need a couple you know if there's a couple spots they've never needed they've never had an issue so I'm really perplexed that there's a issue with parking we've been operating for over a year never had an issue so I I don't know what to say I apologize mr. chair this issue was final action and less appealed by the applicant correct correct sir again I'm very concerned about the parking situation we had some people here that were opposed to the situation I understand that you had car trouble I'm gonna make a motion again to deny the same numbers you can always appeal it to City Council and you can meet with the councilman between now and City Council and the 21st to discuss it I'd be happy to talk to you as well subsequent to tonight's meeting but as this is this based on the parking is this based on a church that operates one day a week it is not during the same time as us it's the parking but we've never had an issue with parking thank you I appreciate that it's the parking that I'm concerned with mr. chairman so let me just interject just one one one comment here sure it's not just the parking as it applies to your business it's once once this goes into effect it's in effect for that property it runs with the land so it if you close your doors and somebody opens up something different next week or next month then they could they still have the right to do that so we have to take that into consideration as Ward as well I'm sorry I don't understand what you're saying so you're saying that it runs concurrent with the land so if we our doors that they're gonna run out against the same issue is that what you said they the variance would be approved and therefore whoever went in and the future would also be able to follow or the variance would apply to everybody in the future on that parcel plan that's what I'm trying to say okay but I don't not having an issue in the past and knowing that the surrounding we're gonna close and go to commissioner Rogan mr. Chairman I make a motion to deny item 40 a variance 7 6 4 6 9 thank you there's a motion on the floor please cast your votes please post and that motion carries so can I ask a question we're going to the voting procedure mr. Chairman I make a motion to deny item 41 especially use permit seven six four seven zero thank you as a motion on the floor please cast your votes please post that motion carries and mr. Chairman I make a motion to deny item 42 special use permit 7 6 4 7 1 thank you as a motion on floor please cast your votes please post and that motion carries and mr. chairman has indicated that item is final action this evening less appeal to the City Clerk's office within 10 days so please if you have any questions about how to do that reach out to the Planning Department and we'll walk you through how to make that appeal and then as the Commissioner mentioned you may want to reach out if you make that appeal reach out to the Ward 1 office and have a conversation before that is set for hearing sure so can I ask a question so I've been operating the same way so what what are my options if I can't keep my doors open that's basically what you're telling me I mean if I have to closed now you have an empty building right sir that's a self-imposed hardship I mean perhaps this location isn't the best use for what you intend to do but we've been doing it for a year and a half it is a self-imposed hardship you came in for the application unfortunately if it doesn't work then the next person has to deal with an issue of whatever their business is staff can can direct you and how did you go through the appeal process maybe there is something that does work you know for example we didn't know you had the easement thing so it wasn't even a consideration so maybe there's something that does work so he can they can explain how to go through the process and if you get to city council like the commissioner said there might be something that works I just think it's tough because I was working with the different set of people for two years and I kind of get dealt a new hand we have to deal with what's in front of us I've been here and we've seen the abeyance and I've seen in the last briefing I've seen it in this one and there's been a motion that's made so we have to keep the meeting go sure I'll step away but before I do I just think it's I think it's not correct that we spend two and a half million dollars to improve the community and it doesn't matter if our doors closed but it's okay we'll take the next step I appreciate you allowing me to step up here and be heard again in front of a new set of people and I apologize for the for the car breakdown so thank you for at least allowing me to step up here thank you very much moving on to related items sixty through 6160 var 76 oh seven six six oh two applicant Jonathan nubira owner at comm one LLC four past Western request for a variance to allow a nine foot tall perimeter fence where eight feet is the maximum allowed with barbed wire was such as prohibit at 1935 Fremont Street c2 zone staff recommends denial related item 61 su P seven six six zero three four pause fashion request for special use permit for proposed open air vending transient sales lot use staff recommends denial can we get the staff report please mr. chairman the applicant is requesting a special use permit for an open-air vending transient sales lot use operating from a 128 square foot food truck in a parking space adjacent to an existing building that contains a delivery and service vehicle storage use at 1935 Fremont Street a special use permit is required because the applicant does not meet conditional use regulations 7 F which states on any lot that is adjacent to residential Lee's own property the hours of operation shall be limited to a period between 10:00 a.m. and 8:00 p.m. the applicant currently is proposed to operate 24 hours per day staff has determined that due to the limited distance from the residential development and proposed hours of operation the use cannot be conducted in a manner that is harmonious and compatible with the surrounding land uses in addition an existing 8 foot tall concrete murder wall is located around the north east and west property lines behind the delivery service vehicle storage building the applicant has requested a variance to allow a nine foot tall perimeter wall with the top one foot consisting of barbed wire as the proposed perimeter wall does not comply with perimeter wall height and building material standards set forth in title 19 staff cannot has recommended denial of the variance request as well please note that additional letters of support and protests have been received since publication thank you thank you is the applicant here for items number sixty through 61 I'll need your name and address for the record and if you could tell us about the application please my name is Jonathan Navarro in 1935 Fremont Street this is my dad Salvador Ibarra 5380 police Avenue thank you so we are proposing to keep the barbed wire around the property in this property we have a commissary with a parking lot in the back where it specifically for food trucks and food trailers where they are stored and secured when these food truck owners are not operating we did take the barbed wire off the front view from Fremont Street so that cannot be seen or visible but it will be around we do request to have it on the sides as well as the back for extra security okay this was noticed as a public hearing anyone from the public like to be heard in this item seeing no one I will close the public hearing and go to Commissioner Schladming Thank You mr. chairman good evening I just want to make a disclosure I live in the neighborhood I live across the street in the pre Mont Street locks and it won't affect me in greater or lesser than anybody else I'll be voting on this matter tonight I think you you already operate in there correct correct okay and you moved in a couple months ago about two years ago we've been in construction for about two years we didn't over half a million dollars I believe it's good for the area there we do have a commissary I think I didn't mention that and in this commissary we provide for over 20 food trucks on food trailers were they prepare the food before they go out to the city okay and and you actually have one food truck on site correct correct okay you know I I hadn't experienced any issues with this across the street I I know a lot of people are always some that lot getting tacos or whatever you're selling over there you step out in my balcony and and see all the cars going in now but I don't think it's necessarily disturbing anybody it's not disturbing me and I don't smell anything coming from across the street if I smell an thing it's from Odyssey pizza right next door so I don't have a problem with that I do you have a problem with the Bob wire and the nine-foot variance for nine feet I don't feel that there's any justification to have a nine-foot tall fence or have a bob wire downtown I mean it it's pretty much stating that the area's not safe um I mean I know people get into stuff people will hop hop fences but if we're gonna start cleaning up the area let's all do our part and taking down the bob wire and trying to meet code on that would y'all be open to that that's the reason why we did remove it from the front view from Fremont so we do agree we are trying to uplift the area I'm sure you've seen we have a lot of around the area and we have over 25 futures where these units can easily go from 80 to $100,000 and we are responsible for their security and I believe with the bar below just add and on to that extra security okay was already there we didn't we'd never but it we just would like to maintain it I understand and as we're approving new new entitlements up and down Fremont in trying to improve the area we're trying to take down Bob wire and constatine wire and things like that and trying to make it look a lot better and and so in the spirit of trying to improve the area I I'm not in support of the Bob wire I don't I don't like it want it removed from our entire neighborhood I don't have it at our community I'm built it across the street there's 70 houses there people jump the fence they cross through our community and go out Fremont Street I understand why because it's a lot easier to jump through our property than walking five blocks going around and Bruce up to Fremont but at this point I have no problem with what you do in the commissary and the food truck just not the bob wire and so I'll make a motion we'll see where it goes and wish you luck thank you so mr. chairman on item number 60 var seven six six zero two is it possible to have the Bob wire but put it on the inside of the wall so it's not visually intrusive to the community but yet the sense of security is still there to where if anybody did jump over that wall well then they're gonna get what they get but this way it's there but it's not high level intrusive this Commissioner and that that is a point I mean they can appreciate bringing that up because you do have the bill to put the Bob wire on the inside of the tents and have it you know where it doesn't extend up higher than the CMU all or concrete fences everybody was saying I don't want to give a legal advice but if somebody jumps over your fence and they don't see that Bob wire their own sliced himself up pretty good so that's a personal call that you'll need to make and that I wouldn't that I can't make however it won't change my motion because if they if I make a motion for denial then they'll either have to take it down or if they put it on the interior you can do that if that's what you want where we can't see it from the outside but then you wouldn't need a variance for that anyways so it wouldn't change my motion one way or another okay but it is an option I'm glad you brought that up well definitely take into consideration okay so there's a motion on the floor to follow staffs recommendation motion on the floor followed staffs recommendation for Dammam Thank You Commissioner Slaven please cast your votes please post and in that motion carries mr. chairman on item number 61 sgp seven six six zero three i moved to approve subject to staff's condition subject to the testimony tonight thank you there's a motion on the floor please cast your vote yes vote is for approval please post that motion carries mr. chairman those items will both go forward and be heard as a part of the City Council's agenda on August 21st 2019 at 11 a.m. s hearing thank you thank you very much moving on to related item 62 through 64 62 VAR seven six six one two applicant owner coughs communication las vegas ink for PHA special request for parents to allow a 15-foot tall well wall fence where a maximum of 8 feet is allowed at 3850 north tane away ward for staff recommends denial related item 63 vr 7 6 7 5 4 4 paws watch and request for variance to allow 90 parking spaces where 91 spaces are required staff recommends denial related item number 64 STR 7 6 6 1-3 for possible action request for a major modification to an approved site development plan review with a waiver to allow a 0 foot landscape buffer on the South perimeter where 30 feet is the minimum required staff recommends denial commute the staff report please mr. chairman the applicant is proposed to install a 14 foot 8 inch perimeter screen wall on the southern perimeter of an existing structure which will extend in to the southern property line which will create an enclosed rear yard area for the building as proposed the wall height exceeds the allowable height outlined in title 19 development standards which allows a maximum height of 8 feet for a perimeter screen wall in addition this wall will encroach into the required landscape buffer area reducing its width from 30 feet to 0 feet staff finds that the removal require perimeter landscape buffer and planting materials will create a visual intrusion and will create a negative impact to surrounding properties also the proposed but applicant has proposed to locate a trash enclosure within the interior of the site which will require the removal of on-site parking spaces as such the required variance and waivers further reinforced the unsuitability of this site for the proposed development therefore staff recommends denial of the project and all associated land use entitlement applications please note that additional letters of support or letters of protest have been received since publication thank you thank you very much tint your name and address for the record please good evening commissioners chair mr. chairperson Brian Wolfe 65 85 Escondido Drive Suite D representing the application I'd like to address some of the concerns that staff might have had with the proposed project the first one was to deny the 15-foot perimeter fence where 8 foot is allowed the reason for the 15-foot fence is for security this is a Cox communication building it is a data hub for for the valley and we believe that security of a data hub is kind of crucial and eight foot walls can be hopped pretty easily secondly a 15 foot perimeter wall will help screen some of the mechanical equipment that will be on the property so I have a picture here if we can zoom into this the picture that shows the east wall and you can see where my finger is there is some mechanical equipment that's going on right here with an eight-foot wall screening it however the equipment is still seen so if we were to raise the wall such as we did our previous tenants did this is a 15-foot wall right here which screens the same units I just pointed out so what we'd like to do is just continue this existing wall around the south of the property and also on on the east of the property to screen some new units that are being proposed secondly the applicant is requesting a waiver for the site development plan review to allow zero foot landscape buffer on the South perimeter which would be it along Merlo Lane the reason for that is as you can see in the site plans that we have developed new equipment pads will be created mechanical units that will be on the ground will need to be secured there very large equipment as you can see so if we had the 30 foot setback we wouldn't be able to get the mechanical equipment on the ground as necessary third item was to allow 90 parking spaces where 91 are required on the site plan we're showing a trash enclosure on site the current trash enclosures are pretty far away from the actual property so that the applicant would like to put the trash enclosure on property so they won't have to travel so far to the trash enclosures that would eliminate one spot and we're hoping you approve that and I'm available for any questions thank you very much this was noticed as a public hearing anyone for the public like to be heard this item get your name and address if I can please sir I'm bill fishbeck I am with Cox Communications when I address is 8 5 12 midnight Avenue so this is one of my sites and the reason for some of the stuff that we're proposing here is right now I've got four 40-ton units air conditioners on my roof that are custom units there are end-of-life and to get custom units back we just can't do it I need to move those air conditioners down on the ground and that's what those four units on the ground will be is for 42 air conditioners up here is where my generators are at and my switch here so right now anybody could jump over that wall and get to my switch here that's why we're proposing that the wall be so tall okay thank you anyone else from the public like to be heard seeing no one I will close the public hearing turn over to the Commission for discussion Commissioner Tucson yeah I understand why you need the the wall to be raised to 15 feet because this is sensitive equipment there and I and I do understand that normally I don't like giving variances for large walls because they're not all that attractive but in this case I do understand it and if there aren't any other comments I would make a motion to approve var 765 for okay it was a motion on the floor please cast your vote on item one second Commissioner Tucson she loves her job is it not coming up okay so you give them a rulebook okay please post and that motion carries on item 64 STR seven six six huh well 63 I'm sorry 63 there isn't any this is a variance for parking I don't have a problem with that so I would make a motion to approve var seven five seven five four there's a motion on floor please cast your votes please post and that motion carries on item 64 is there any way you can put some plants around that facility well it is hmm I like plants I and I do too I would think maybe so on this property along the front yeah along today yeah none of those bushes will be disturbed all that vegetation will stay on the front there it's just the back side of the building which is a parking lot uh-huh between us and the storage unit and the south wall which is on Mountain Road mm-hmm which across the street is residential but they have a ten-foot wall there and right up against their sidewalk so there's no vegetation on that site anyway so that's the only place where we're gonna lose the vegetation is on Merlot but you can keep the plants over on Taniya yes everything in today will stay the same nothing will change out front the wall it's only going down the backside which is a parking lot with the storage unit and then down below and then the angles to my building so the whole front of it will still have all the landscaping there okay Commissioner to some before I could ask one question I don't mind the units are a/c units that are going on around Jersey oh okay and and you know you saw me vote YES for the parking the landscapes your landscape I mean for me in this situation I'd be have to use a crane and I have to put it on the roof and my life would go on so I just won't be supporting the zero landscape application but just putting it out there if I could say one more thing our building holds your that 9-1-1 switchgear we need to protect what's in that building and I need to protect my generators my switchgear and the amount of air that we use in the building this little building uses more air than this whole building this I don't doubt any of that I understand I just for me I would in a situation I'd probably have to use a crane and put the 40-ton units up back on the roof and life goes on that's just just me you're gonna keep the plants on Taniya I'm going to make a motion for SDR seven six six one three four approval thank you as a motion on the board on the floor for approval I hit the wrong button okay that motion will still carry noting mine is I know thank you that motion do carry thank you and mr. chairman all items are final action this evening unless appeal to the City Clerk's office within ten days thank you very much moving on to item number 65 var seven six six zero one applicant owner de new de su ster and Laura st. James for possible action request for a variance to allow a 16-foot tall perimeter wall where 12 feet is required to allow a 13 foot tall front yard wall fence where maximum of five feet with a two foot solid base is allowed and to allow a corrugated metal fence where such building materials or not building materials are not allowed it 325 Falcon Lane Ward one staff recommends denial at the staff report please mr. chairman the subject property is zoned r1 single-family residential and contains a single-family detached building with a pool on the southwest corner the five foot tall corrugated metal fence was constructed on top of an existing concrete block retaining wall of varying height along the west and south property lines the wall currently does not comply with title 1906 perimeter wall development standards nor have any building permits been obtained the applicants justification letter states that the existing fence on the south and west property lines is to provide privacy from direct views from the public street to the pool area as the development does not comply with title 1906 perimeter wall development standards staff recommends denial of the request please note that additional site inspection pictures have been added to your supplemental information packet after posting of the agenda please note that additional letters of support and protest have been received since publication thank you thank you very much don't you name an address to the record please yes hi I'm Laura st. James that we just purchased 325 Falcon Lane in Las Vegas my name is tenuta Schuster I'm the joint owner of 325 Falcon Lane my wife thank you would you tell us about the application I'm sorry what would you like to tell us about the application oh yes I have well first of all I hope you've all read my justification letter have you all read it yes okay okay I would like to read something and congratulations I understand you're new less than a week and I found that out because I reached out to your to the councilmember Brian Knutson and so I emailed him yesterday and since he's representing us and I asked him if you know if he would just hear me out and so I didn't get any response and I don't know if he received it or not so I want to read some excerpts from the letter that I wrote to him because this is very important to us so if you'll indulge me I appreciate it my wife and I new show we just we've been together 24 years we just bought the property in Ward 1 at 325 Falcon Lane after looking at many potential properties from coast to coast we decided to permanently leave Los Angeles and settle here in Las Vegas because after much research we felt the people here were very warm to others and the city government wasn't aggressive we had planned to spend the rest of our days here on Falcon Lane for the above reasons I'm 71 she's 58 so we're not going anywhere after this except you know anyway we bought the home and the property and we knew it had been abused it had been neglected and was in disrepair and had a lot of deferred maintenance we realized it would need quite a bit of upgrading and improvement but we were ready and willing to bring it back to life in a beautiful way 16 years ago we purchased our home in Los Angeles and the picture popped up there that white dilapidated house okay that was a crack house when we purchased it and it was abandoned and we brought it up to the most beautiful home in the neighborhood okay anyway so we're really proud of that we got the keys to 325 Falcon on March 20th that's just three and a half months ago this was the crack house you're looking at and the next picture is the home now this is our current home and was in Los Angeles that we're going to sell we got the keys between 325 Falcon on March 20th 2019 just three and a half months ago we were extremely excited and couldn't wait to get started on making upgrades to our new home and decided to start with the most urgent project repairing and replacing the dilapidated and unsafe fence the one that was there was structurally and physically unsafe for us the small school children who go to school a half a block from our house and passers-by it provided no privacy for us to swim in the pool located in our front yard yes we are only one of two properties in this entire city with a pool in the front yard as per the Planning Department information in the first days we were made aware by several close neighbors that in the past when vacant the children have climbed over the fence to swim in that pool and the property there as I said there's an elementary school a half a block away utility personnel personally told us that they never even bothered to use a key they jumped the fence to go read the meters okay from the neighbors that a very short while before we bought the Falcon before we bought our at home when Falcon the SWAT team raided this property and lobbed teargas through the windows to flush out a drug dealer who was hiding among squatters living here illegally we were also showed the video by our neighbors of the SWAT team raid also a couple of days after we bought it we went back to LA we're not even moved in yet just so you know three and half months later a couple of days after we purchased it we went home and then we saw an intruder get over the fence and attempt to break into our newly purchased home via our security cameras that we had just set up the day before we left then after being here a few days we discovered that the traffic flow passing in front of our home was extremely heavy and extremely noisy with lots of gas fumes being carried into our home on the wind we were on the corner of Mayflower and Falcon Lane my security camera in one random 24-hour period captured over a hundred and eighty three vehicles passing in front of our house a hundred and eighty three vehicles in one 24-hour period on a little place called Falcon Lane okay my security the vehicles are they ranged from school buses to garbage trucks car transport is loaded with their cars beer delivery trucks semi trailers pickups vans cars and very loud motorcycles many motorcyclists live right around us which is fine we like motorcyclists just not the noise so having all of this discouraging and disturbing information you know we're dealing with it we planned the fence replacement with all the above factors in mind we needed it to be tall enough for the children's safety in the front privacy for us in the front and we are swimming as some of my neighbors actually made some comments about hey I can't wait to see you in that pool okay we also did it for noise abatement because the noise was deafening in the house when these big trucks and the motorcycles go past the gas rooms now they go above our windows and doorways so that was a good thing we wanted to keep it secure enough to keep future intruders out who might want to do a 71 year old and a 57 year old woman physical harm also the home is mid-century modern so design elements were really important to us that's when we decided to replace the fence with a much stronger material than was there before because parts of the old fence did not hold up to the Las Vegas heat in elements we chose corrugated metal as a replacement fence because it's mid-century modern look we know there are lots of young children living around us and going to school down the block so we decided to incorporate some very large very whimsical musical metal sculptures all along the entire fence which you can see in the picture and they've come by and they've like thanked us and they love it and they're laughing we also wanted to be environmentally friendly so we've decided to make parts of it a living fence and I think you might have a picture of one of the living fences I have in Los Angeles in my home this living fence will have many effects containers filled with plants and flowers to make a very neighborhoodie looking and really sweet and attractive as we were finishing the front section of our new fence a code compliance officer stopped in front and told us we would need to get a permit from the city to make the changes permanent I told her we were not made aware of we purchased the property but we would comply with the city rules so the next morning I went to Rancho Drive and spoke to the permit officer who informed us we would need to get a variance for our new fence now all this is new to me so I have no idea what what a variance is I didn't know that we needed a permit you know we're just two little homeowners who want us settled and died peacefully we have applied and paid the $830 fee and we're here tonight okay we were encouraged by the person his name is Craig to include a letter of justification which you guys have okay he also told us to get as many letters of approval from our new neighbors now these are people who don't even know us and I've got eight letters already from people who have come by themselves to our fence to tell us how much they love it and some of them are here tonight to tell you let's see we've also got pictures of our proposed proposed finished fence which you have here so we hope you see the potential in what we've done in our new neighborhood okay we've already been thanked numerous times and some people have said thank you for improving my property value and saving this home for more crime and safety hazards so we're asking you please you know consider us homeowners we would really appreciate an approval for this because we're not hurting anyone we're not interfering in anyone's privacy all we want it's our privacy and safety for the children and us thank you thank you thank you this is notice as a public hearing anyone from the public like to be heard come on up we have three microphones if I could just ask you to step aside I'll need your name and address for the record and for against and why hi my name is Camille Collins I did 400 Falcon Lane basically I moved to Las Vegas Nevada from Carson City in the mid 70s with my mom and I had friends that lived in Falcon lane in that neighborhood and back then it was a very quiet low if not no traffic area super residential Vegas is much smaller when those houses were built now you can basically say I went up to Nevada Reno in 1980 came back in 2005 for my mom bought the house on 400 Falcon Lane the neighborhood had dramatically changed basically Falcon Lane is like an alternate route for Decatur I mean you get the Arizona Charley's buses I mean you get everybody going by there it's like I said dramatically changed since then after the Great Recession we have a ton of homeless people and squatters in the neighborhood she's totally correct a few months ago the last tenants or whatever we had swapped there the road was blocked for a couple hours couldn't even get home from work the property's been really abused and neglected we're really thrilled about the fence it gives them privacy I mean if you went by there there's squatters there all the time homeless I mean trucks noise you know it's like I said it's an alternate route for Decatur it's really gotten traffic II so we really appreciate from his neighbors and bringing our property value up and just hope they can keep their fence it's a it's a unique property it does go around to the drainage dish in the corner too so it does get vandalized a lot and without that fence they would have no privacy and no peace Thank You Camille cause thanks for coming out that was very nice of you anyone else like to be heard we do have three microphones so if there's anybody else come on up I see one more person not two more people okay good evening chairman commissioners the staff appreciates all of us in cities Jamal Crosby I've been in Las Vegas resident for over half my life and burned a span of time I'd seen the city grow immensely I was there for the construction of this project I've known it for a long time she's become an extended family member and a second mom figure who she as well and in saying that I know her tensions for this project hands on and taking pride in ownership so it's only natural she would customizing for finishing touches lots of attention from the projects from the neighbors onlookers that were driving by and look in the curiosity and some even stopping as far as trying to hire our services for an idea she was inspired by but this wasn't the goal of the wall its purpose was for safety and privacy with a modern touch of added decoration pieces to make people who saw it appreciate it and feel as if they were not looking at a fortress it's stable steady and effective the harbor's purchase but a nice moon in front as you know and his not far from a school which means kids on commute in this area nothing against them at all anyone the previous wall was built so now this eliminates anyone being tempted to take their choice including random adults teenagers just better to take the initiative for solution then be responsible for liability which would be all should never happens to anyone at any time all the renovations going on in the city why shouldn't someone have the right to make changes to the property that's not affecting the neighborhood and a poor man he's breaking the law on that side property and I'm Stephen Weiss 1809 grand rodeo I was actually the realtor representing him with the purchases of this home initially when I got there I was a little surprised I've never seen if a pool in the front yard so we're trying to define front yard back yard with with Heights I don't see a front yard the pulls literally in front it's not my job to if a client likes a home they're friends of mine also for ten years if a client likes a home it's not my place to say well this is a little too strange for me I wouldn't live here they like the home there was graffiti the front yard the there were doors not being put up from the prior owners because they said until it records we're not gonna put these new doors in there at first orange area we're not putting that in this home because we don't want to broke it into like they've been before or damaged so we went ahead they purchased the home we closed we've recorded and they didn't replace the defense let me just get through the public comment on the initial the initial wrought iron that was on top of this and you see the slope of this cinder block the wrought iron was very unstable I mean you could just shake it all around I came by the the place I don't know a couple months later they invited me over and I'm driving up then I was blown away I'm 55 years old I'm not an instagramer I wanted to take a picture of this what I saw from what it was before and just post this because the declaration to the just the whole look of it the aesthetic in the neighborhood just blew me away so I'm here in support of that just from seeing thousands of homes over my career it's a very unique property Thank You mr. Weiss thank you very much anyone else from the public like to be heard okay I think this will be our last person thank you for in doing so how can I get you to have an address in the record please hi I'm Ronald Wald and I've been a friend of these girls for about 15 years they used to live over in my neighborhood and I know the quality of work that they do is great they fixed the place up that they had before was a mess and they cleaned it all up and fix it up and it turned out great and it's still good today and I've seen that fifth before and I seen it after and as you can see there's a lot of improvement I wish we had a few fences like that in our neighborhood I'd like for them to come back to the neighborhood and bring the fence with them keep the pool in the front yard thank you mister well thanks for coming out for your comments appreciate it no one else in the public eye will close the public hearing turn over to the Commission for discussion Commissioner Rogan Thank You mr. chairman welcome to Las Vegas thank you I appreciate what you're doing with this property it's certainly important to turn a blighted property into a useful home that you seem to be on track with doing I'm not so much concerned with the variance for the height requirement because of the condition of the land that is a significant slope from what is it north to south towards Mayflower Lane I would like to meet with you though if you're alright with that I want to discuss with you some of the issues that some of the neighbors have brought up there were seven protests that were received since in the past week so if if you're alright with that I'd like to just move this item to next month and we can sit down and talk about it okay because we weren't here at full time yet she's still working in LA so okay we have to make special trips back to the house and to hear to have these meetings well if you would just hang out afterwards I'll come and talk to you I'd love that okay thank you my motion would be to obey this matter to the August 13th Planning Commission meeting Thank You Commissioner ogen there's a motion on the floor please cast your votes please posts and that motion carries okay did you have the the letters of support yeah I did do you mind handing that to staff so we could just have that for the record please thank you I appreciate that all right we're gonna move on to related item 66 through 67 item number 66 V AC 7-6 7-4 for applicant BDR Cascadia LLC owner BD ARCA Scotty LLC at all for posture requests for a petition to vacate a portion of a 20-foot wide public alley west of Maryland Parkway between Lewis and bridger Avenue Ward 3 staff recommends approval and item number 67 SDR seven six five nine three four pause fashion request for a major amendment to a previously approved site development plan review for proposed building height decrease from 15 to 13 stories an increase in multifamily residential units from 193 to 219 a decrease of commercial space from 20,000 817 square feet to 15,000 996 square feet and addition of 27,000 195 square feet of office space and 3488 square feet of restaurant space with waivers of appendix F in Durham downtown Las Vegas area two development standards for proposed mixed-use development staff recommends and I'll commute the staff core please mr. chairman this is a request to allow proposed modifications to a previously approved mixed-use development located on the north west corner of lewis Avenue and Maryland Parkway while the founders district does encourage land uses such as mixed-use development for the subject site the project as proposed is over built this is evidenced by the requested waivers and previously approved variances for the project therefore staff recommends denial of the site development plan review modification request with regards to the requested petition of vacation staff recommends approval of this as it is a proposed REE entitlement of a previously approved vacation VA C seven oh two six eight which expired on July 19th of 2018 please note that additional letters of support have been received since publication thank you thank you very much and before I ask for your name I will say that I did abstain previously when this came forward it's because I had worked with the architect that was closed and in the past and I see that there is a new architect with the group so I will be voting on this application tonight Thank You mr. chairman planning commissioners my name is Tony Celeste address 1980 Festival Plaza Drive along with me is advanced with advanced architects we together represent the applicant BDR Cascadia in the audience with me are the principles of it Daniel rice Berg who has been involved in really the visionary of this project since the inception several years ago along with him now are his equity partners John Rogers and Bob Corrigan from Chicago who are now JV noir entered in joint venture agreement to now develop this property and and see it to its fruition so first let me give a little bit of background I think it's important to let you know what happened two years ago and why we are here now two two years later and what we're trying to accomplish first property is located on Maryland when Lewis about just over an acre some of you were on the Commission two years ago others of you may not have or were not on but may have seen this project and this may be your first time viewing this project through your planning Commissioner lenses now so I think it's important first to give a baseline where we're starting from like I said two years ago this project was entitled for a 15-story mixed-use development I was about approved at a little over 180 feet 193 units just under 30,000 square feet of commercial retail office a restaurant lounge on the top deck with additional exhibit space and open space pool lounges things of that nature that was approved two years ago by Planning Commission was then went up to City Council where we obtained our final approval for this project what has happened in the last two years are actually some significant positive events I know during the discussion two years ago there was some reservation on some planning commissioners about the size of the scope the ability to actually do this at the time so we are coming back because we there's been like I said a few important changes the first one is we have brought on some equity partners now as I mentioned John Rogers and Bob Corrigan who do this all the time professional developers based out of Chicago built skyscrapers and developers of that nature the first thing they did when looking at this entitlement package was I think almost a quote was we need to put this building on a diet and what they meant by that is that there was a lot of wasted space so Edie came and join the team to help redevelop you know basically slimmed down the project so now what you have instead of a 15 story tall building is a 13 story 150 nine foot tall building ed will go into more details about what that looks like the floors and how this all works in conjunction with that we also lost a hundred thousand square feet so that's kind of the narrowing of it the building so we reduced the massing of it a lot so that's that's one of the changes number two as I said we did bring on equity partners that helped us to get this to this point - or see this vision through the entitlements we have and then as a kind of corresponding to that is a reduction in the parking so we did receive a parking variance or waiver the first time we're asking to reduce that a little bit more and that's where basically the third major change has come into play what has happened in the last two years is that we have seen a nice movement with respect to an establishment of a rapid transit corridor this corridor that the RTC is basically approved and now working in conjunction with the city is scheduled to run right here at the airport along Maryland Parkway you pass UNLV and then down to this area the star represents our site so we're right on the corridor right where it's going to then go up basically along Carson and the Bonneville Aalto alignment to the medical district so we think we are now very uniquely positioned to take advantage of that rapid transit corridor I know some of the details are still being worked out whether it's a rapid bus system whether it's light rail I know that is still being discussed but nonetheless this transportation area is coming in the city I believe is going to be starting to look at adopting elements of that towards in the year with hopefully some type of approval by next summer as I understand it so we we think we are in a great spot for that there are transit oriented districts associated with this we are certainly going to be near those districts to also take advantage of that so that is really the driving factor for us on these parking reductions that you see but very important to know even though we are asking for the parking reduction we're provided we're asking for 219 units every unit will still be able to have its own parking space and we will still have a little over 30 units left over for the mixed use commode component which would be the office and retail portions I'll let Eddie you know take over here in a second on where those lie within the building but this is really community based community driven this is an idea that this is going to be a work play so that the office folks have the ability to live where they work any of the retail component whether it be CVS is something meant for the community this is not what I would say destination type you're not going to have people from Sunland Green Valley wanting to drive down here this is going to be for the community here so there is also obviously a lot of new modes of transportation that have really taken off in the last five years uber and lyft to become much more available much more usable I my wife and I use it all the time now and when we go out so that you know things that that have developed over over the years another thing that I think by way of example to prove kind of the parking situation in this area is that there are 57 total units rental units on these properties only 20 of them actually only 20 of their renters have vehicles so nearly two-thirds of the existing population tenant population do not have vehicles so that again ties into what we're trying to do in providing you know additional garages and things like that that may become obsolete you know fifty years from now when this building is still going to be there it's something that we've got to take a look at and try to plan for in the future we did have a community neighborhood meeting about 22 residents and constituents showed up I think it's fair and accurate to describe that they like the project this is not the first time they've seen it we've been in touch with them over the last two years as this development has progressed through and last night when we had the neighborhood meeting we received positive positive comments and we appreciate that the one last thing before I turn it over to mr. Vance is that we made a commitment two years ago I want to we made a commitment last night I want to reiterate it tonight and I will do so as we move up to City Council but the existing tenants that we have on there mr. rice Berg is taking care of them their rents have stayed the same they're about three months or so prior to us commencing construction those residents will receive free rent they will have an opportunity then to take a move out location payment fee and they also have the opportunity to come back at a discounted rent rate if they would so choose to move back into this neighborhood and into this this property that was another very important element to the community very important element to this Planning Commission a couple years ago to City Council and I wanted to make sure that that you know that we're carrying that commitment forward with that I'd like to turn it over to mr. Vance to walk through some of the details of the building thank you I need your name and address the record mr. Vance thank you Tony anybody have any questions so far that's good I won't belabor this too long but I will go through this environment sorry you name an address I'm sorry advance with evna architects 1160 a town center drive suite 60 if you could zoom in and I plan a little better and I'll move that mic out of the way so you can see as Tony mentioned we we have modified the plan to accommodate a high-rise we've incorporated the high-rise requirements of the Mercy generator by our command center and secondary water source necessary we have some parking here which takes up about unfortunately a third of the the first floor now we've preserved 2/3 of it including the vertical transportation for that rentable community center oriented space that we hope that the residents and the community will be able to enjoy so that represents about 30,000 square feet total 20,000 of it is available for rent you're going to notice that the perimeter of the project has been pulled back so the floor plates above are about 34,000 square feet but we only have 30,000 on that first floor which means that at 4,000 square feet of covered amenity space out here and I'm going to show you some images later that demonstrate how nice that's going to make the perimeter of the project along Lewis and Maryland Parkway as well as 11th Street all of the services are going to be allowed or brought through the alleyway which will be turned access to the ramp which takes you up into the garage we'll be in that sort of crotch of the building trash will be accommodated in the same pullout area so we have a loading area for that people can move in that way through this corridor which takes you to the central core and vertical transportation so it's been cleaned up and it looks like it's going to very work very very nicely for the tenants as well as the operation of the facility as we move to the second floor mostly three floors of parking laid out very efficiently and above that three that third floor we're going to have a 30,000 square foot office rentable area with a common courtyard that all of the office users can use that will be shaded nearly a hundred percent of the time and I'll show you some images later on that will demonstrate that as well above that we have six levels of residential and well we've we're real proud of this that every unit will not look into the others so with the sawtooth pattern that we've created you look privacy from one unit to the next we haven't gone into the to the trouble of designing all the units yet because frankly that's a little too early there is a mezzanine level and I will tell you right now that we've already discussed possibly eliminating this by the time we get through construction documents we'll probably end up with a 12 story building so I'll be even shorter than what we're saying now and we're showing 13 feet 13 stories what was approved before was 15 and I'm gonna guarantee you that we may pop that pool and make it a race pool so that we don't have to add that that mezzanine level which which really represented the 13th floor on the very top deck we have to sort private and a public area so the private private area for the pool with the pool is for the tenants and on the what would be the east side will be the public area and then we can have it there we will have community events farmers markets cinema night functions that really the whole community can share and we're also going to be providing a small restaurant and tavern on that upper level so you'll arrive there and you can either go left or right depending on whether you're a tenant or whether you're there for a community function that makes sense we can have weddings up there we're going to a stage and all the infrastructure necessary for that now for the good stuff we've already showed you the elevations and you've seen some of those but I will go right to the renderings which kind of demonstrate and I hope we can zoom in on this a little better than I'm showing here okay as you can see the the the design of the project was to really outwardly express the interior function so the first level is a little different and when we go to the to the back rendering of the project you'll see that this is the this is the pedestrian level so you can see how the buildings been set back on that that main level overhang shaded areas for seating alfresco dining very pleasant space and that goes pretty much all the way around the building three levels of parking and you can see we're going to we're going to be screening that park those three parking decks with a screened element so that you're not going to see the cars but it does breathe and sam'l and understand this we don't want to have to ventilate that so the garage will breathe but will have a visual barrier for the the cars and from the people looking at the building the middle band obviously is the office space so that's where you get that glazed look real slicked feel for it but we're hoping that people live here we'll work down below and then of course those those six levels of residential with that sawtooth pattern we're also gonna incorporating a living wall for all of those balconies so we'll be plants this building will kind of become more green with time this is the back elevation here you can see the entrance to the garage the ramp down here indicates that that's where all the traffic will be but this is a Maryland Parkway edge and one of the things I wanted to point out that Tony mentioned was that transit area should this be approved and we are hopeful that it will be conversations with the RTC or that we may provide a a transit stop here in the future which really contributes to the necess the the the waiver that we're asking for we want people to arrive here through other modes of transportation and so we're going to do everything we can to provide the infrastructure necessary for that to happen the main front entrance you've already seen and this is a kind of a blow-up of the front entrance which is almost five storeys in height it's gonna be grand it past this I've already shown you that one and the last renderings of the pool area this is the private pool deck this is the private of the public area this is where we can have public public functions and as I mentioned before community activities another shot of the private area and that's about it ladies and gentlemen we ask for your approval and well answer any questions you may have thank you thank you very much this was noticed as a public hearing anyone from the public like to be her in the sight of them seeing no one I will close the public hearing and turn over to the Commission for discussion Commissioner schlattman yes mr. chairman through you I remember when this come through a few years ago a couple years ago I think mr. remembers said I didn't vote for it this was one of the reasons why I didn't vote for this is I didn't think this project was really moving forward and I think it also had some issues at the time that I wasn't comfortable with if it ultimately got built I wouldn't have had any heartburn over it I just wanted to make sure that you know people who aren't in toddling projects and pretty much causing all the land to be locked up in the surrounding neighborhood because everybody thinks their properties are worth fifteen million dollars now we don't look at land values but it can have a big impact on the neighbor and area I like what's designed I think that even if even if this doesn't get approved you still have entitlements to build the other project so one way or another it would be entitled for high-rise mid-rise whatever we want to call it you know I think also over the past couple of years we maybe made a little bit further with our TC understand you know some sort of trends that come down Maryland Parkway and 13th Street up Carson been working on that for about five years and there's improvements planned for Carson Avenue all the way up to Las Vegas Boulevard down to the Maryland Parkway all of that got put on hold three four or five years ago because of this new transit system coming in so hopefully we get that all figured out because I'd like to see the improvements going in on Carson Avenue I think being a block off of that transit system it's easy enough for people to walk back and forth I can see this whole corridor I mean we just recently had another office that we proposed to tear down and rebuild block from here and so there's a lot of a lot of activity Bunny fish studios and other architecture firm moved in this area so a lot of activities starting on on Maryland Parkway I did have concerns in the past of we're building a high-rise outside of downtown that Arts District that that core area where all of our high res is are but I think this real important we could be a new quarter for something like that going all the way down to Maryland Parkway we'll see for those reasons I don't have the same heartburn that I had a couple of years ago and like to make a motion Thank You Commissioner slobbing I'll just add real quick to your Tucson no I just want to say I'm really excited about this in back in 1953 I lived right on the corner of Maryland Parkway and Louis and to see something like this just makes my heart sing so you'll have my approval tonight right that's great we and I should disclose it's been well over a decade that I worked with mr. Vance and a high-rise on Las Vegas Boulevard I will be voting on the applicator it was with a different firm at the time if I remember correctly been a long time ago but we are building on Las Vegas Boulevard it is right across the street from the double-decker bus stop and we had and still have people that live in the building that actually go they work on the strip and they pay their I think 250 or whatever it was to get on the bus and and go up or they buy the Monthly Pass and they'll go to the one of them was a chef at the Wynn one of them worked you know at the different resort properties and it does work so when you have development like this it and it's properly interfaces and we just happen to have a bus stop that we worked with to make sure that you know we moved it to the right corner or helped move it to the right corner and it does create connectivity in good places to live and as Vegas grows I think more and more people are gonna jump at that opportunity instead of the long drives and commutes that are starting to come our way so I will be supporting the application as well I'll let you please make a motion Commissioner schlattman yes Thank You mr. chairman on item number 66 I would move to approve BAC 7-6 7-4 forth motion on the floor please cast your votes please post that motion carries that was me let's see so on and finally item 67 SDR seven six five nine three moved to approved subject to staffs conditions based on testimony heard tonight thank you there's a motion on the floor please cast your votes please post and that motion carries and mr. chairman those items will move forward and be heard on City Council's agenda on August 21st 2019 as a part of the 11:00 a.m. agenda we thank you appreciate your consideration and support and thank you and to Daniel I'm glad to see that he's still here and still in the fight so glad to hear that thanks mr. chairman commissioners it's good to be back here it's good to be still involved in the project give your name one for the record just so we have O'Daniel iceberg Thank You Daniel appreciate it glad you're here still thank you very much yeah you know when I got my entitlements I promised Carol Goodman mayor Goodman that I would try my best to finish his project and see it through and we've come a long way so I'm holding that promise and thank you very much for your approval glad to see you thank you very much I'm moving on to item number 68 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 unless that subject is on the agenda in a scheduled 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 speakers allowed may be limited anyone from the public like to be heard seeing no one we will adjourn I just need oh please first of all I'd just like to say congratulations mr. chairman on your reappointment continued it's been awesome best two years commissioner Rogan congratulations welcome and I wouldn't I can't miss out on behalf of the Savio's and on behalf of Labor's local 872 I would definitely like to say happy birthday to mayor Oscar Goodman his 80th birthday that's very sweet that's very nice thank you very much and the meeting is adjourned thank you