good evening we're ready to begin this planning commission meeting is called to order this meeting wasn't properly noticed in posts in compliance with the Open Meeting Law these proceedings are being video recorded as well as presented live on KC L V cable channel 2 please note cut customers of CenturyLink and Cox Communications can view this program in high definition on 1,002 and in standard definition on channel 2 you can also watch this meeting live on the Apple TV Roku and amazon firetv on the Go Vegas app which I just recently downloaded we should all download the Planning Commission meeting as well as the other KC LV programming can viewed on the internet at WWE TV 4 slash live the proceedings will be rebroadcast on KC L V in the web the Saturday of the meeting at 10:00 a.m. Monday I've been 9 the following Tuesday at 6 p.m. would everyone please stand for the Pledge of Allegiance madam clerk would you please call the roll yes chair Jerry president vice chair DeSalvo excused commissioner slot men present Commissioner Tucson present Commissioner Williams present Commissioner rogen present in Commissioner Chadda present thank you thank you I call your attention to the information printed in the agenda concerning our actions and the avea appeal and review process if appropriate there are agendas on both sides of the podium if you'd like to come up and follow along also the second page of 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 public comment all comments made under this item for specific action will be cross-referenced to those items are there any members of the public who wish to speak under this item this is just the public comment portion that we haven't gotten to the agenda yet so this is a we will be going on to the agenda okay moving on to the approval of the minutes can we get a motion for the minutes vice-chair Schladming yes mr. Chairman I make a motion to approve the November 12th 2019 Planning Commission minutes thank you there's a motion on the floor please cast your votes please post that motion carries moving on to item number six our housekeeping are there any items that commissioners staff applicants remember the public would like to pull forward for action mr. chairman we have some housekeeping items the applicant wishes to obey item eight to the January 14th 2020 Planning Commission this is the second abeyance request for this item the applicant wishes to obey items 13 through 18 to the January 14th 2020 Planning Commission this is the first abeyance request for these items and the applicant wishes that item 26 be stricken from the agenda thank you thank you yeah I'd like to hear from the applicant on the events of item number eight the applicant here Friday number eight if you could please come to the podium we need your name address for the record I'm good evening Scott Rutledge Argentum partners six zero three seven South fort Apache Las Vegas Nevada eight nine one three five I'm representing the applicant on this su P application and I think there was a little bit of a miscommunication I was going back to the packet we requested an abeyance and writing to planning staff on October 31st for this meeting to go to the first meeting in January and in speaking with the Commissioner right about two weeks ago I think there was a miscommunication on my part and I apologize about that we were not planning to proceed tonight and after in conversations with Eric from planning earlier I let it be known we would like to obey the item January meeting and we have been in communications I've spoken to some of the commissioners about this we would very much appreciate the opportunity to present at that meeting that being said I understand some members of the public have come this evening and if it's appropriate would be happy to - if you want to take those comments tonight and then have them come back again I don't not have a chance to be heard but as far as presenting or requesting any action tonight we request an advance to the January meeting the question that I have is what are we were questing in abeyance for to take action in the January meeting for no action tonight for the item to be heard in the January meeting but again understanding that members of the public have come this evening with the understanding that the item would be heard that we would be I'm I know our applicant to be fine with those comments going on the record tonight if that's appropriate procedure otherwise otherwise we request that action be taken at the January meeting are you not prepared to be heard tonight no we are not okay well unfortunately we have people in the public that are here I have also attended at your town hall meetings and I think people are ready to hear this item so I'd like to make a motion to deny the advance okay there's a motion on item number 8 to deny the advance please cast your votes please post and that motion carries so we will be hearing item number eight tonight on the agenda we also have the other housekeeping items yes mr. chairman on items 13 through 18 I'd make a motion to hold those in vance until the January 14 2020 Planning Commission hearing and on item 26 I would make a motion to have that item stricken from the agenda thank you as a motion on the floor please cast your votes please post and that motion carries okay yep sorry I also have a housekeeping matter too on item 21 mr. Foster's variance 7 7 7 6 6 we had a discussion this evening and I'm requesting a very in abeyance I'm sorry to the January 4 14th meeting as well and what was the it was to January 14th correct and director were able to do that because it's in January we have that agendized yes sir so that is a scheduled meeting and it is within the 30-day window that a commissioner can request an abeyance okay there's a there's an may just want to ask if the applicants here yeah they have any objection to the abeyance just to is the applicant here please come on up he'll need you name an address to the record Richard foster 1916 west okie Boulevard Las Vegas Nevada eight nine months or two and you're in agreements with the abeyance yes okay and I believe we can do it from the Commission for a 30 day a ban side request so great okay there's a motion on the floor please cast your votes please post and that motion carries thank you sir Thank You Commissioner Rogan mr. chairman just for the record I want to just clarify something you voted to obey or not to obey the item number eight I know in the past that you have abstained on marijuana items because you are in the marijuana business that I indicated that you are able to vote since it's not a substantive motion but you won't be voting on it when it when you thank you okay moving on to one motion items of following our items that may be considered in one motion one vote excuse me 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 made the public remember the public or remember the Planning Commission not in agreement with the conditions and all standard conditions for the application recommended by staff should request to have the item removed from this part of the agenda item number seven TMP seven seven seven six nine applicant Woodside homes owner Howard Hughes Company LLC for possession request for tentative map for a 94 unit single-family residential subdivision on eight point nine three acres at the northwest corner of Kendall corn away and carriage Hill Drive Ward to staff recommends approval that is our only item on the one motion vote this was noticed as a public hearing anyone on public like to be heard for the one motion one vote part of the agenda seeing no one will close it mr. chairman I'd like to make a motion on the one motion one vote items to go ahead and move for approval thank you as a motion on the floor please cast your votes please post and that motion carries and mr. chairman then item is final action this evening unless appealed to the City Clerk's office within seven days thank you moving on to the public hearing items item number eight I will go to Vice Chair schlopp Minh I have to abstain because my family's in the cannabis industry yes and just a quick disclosure on item number eight I've worked on many of these facilities in the past however I'm not associated with this I've never worked for these individuals and so my independence of judgment won't be affected with that disclosure item number eight abeyance SGP 77274 action on a request for a special use permit for a proposed 4,800 square foot marijuana dispensary use at ninety 140 West Sahara Avenue word - can we get the staff report please mr. chairman and the proposed marijuana dispensary meets all title 19 special use permit requirements and staff finds the proposed use to be compatible with existing uses in the area staff therefore recommends approval please note that there are additional letters our protests as publication thank you thank you is the applicant present we can get your name and address for the record good evening again Scott Rutledge Argentum partners 6:03 7 South Fort Apache Road Las Vegas Nevada 8 9 135 going back to the process on this and reviewing the attachments for the item this evening I did send an email to miss Prince on the 31st or question the abeyance and then I had emailed Commissioner Chadda last week making the same request I was not under the impression that we would be presenting so I do apologize that I'm not fully prepared or that the client isn't here I had a couple of conversations with some planning commissioners about this earlier our understanding with this application is that it is a very contentious application we have had two neighborhood meetings but we've also continued to go out and speak to neighbors in live in Ward 2 and it started to identify support for this application but there are some things that we would like to continue to discuss about whether or not the land use should be conditioned and again in conversations with the councilman's office letting them know that we are because of the current concerns around this item that we would like to continue to move at a slower pace one to have a chance to continue to talk to neighbors which is the priority at this point so I am you know based on the staff report we we feel confident that we meet the city's requirements we are prepared to you know be conditioned on things such as operating hours etc looking at security protocols but again based on my communications both with the planning department and Commissioner Chadda a week ago in writing I was under the impression that we were not going to present to you this evening but I'm happy to answer any questions about the application the process or those conversations and full transparency thank you and I think our plan tonight will be to get everybody's opinions on the record that come out tonight and we'll be able to hear from them and have that in our back up and then we'll see if we vote on this or hold in advance of end but for now we'll go ahead and open the public here take it and give you a chance to speak here in a minute thank you this was announced as a public here and anyone wanting to be heard please come forward state your name and address for the record we have three microphones up front if you want to talk I want one see people at each of the microphones coronel set a two minute limit for each person that wants to talk and try not repeat anything that's already said been said prior to us speaking thank you yes my name is Marianne Goodsell I live at 1608 Taylor Woodrow Drive kind of kitty-corner across in a development called piccoli ranch which has if you were just move this camera out as I see the screen it is over sort of in your left hand side of your screen we have I happen to be on the board of directors I am NOT representing the homeowners association I'm just a resident and in that regard that we have nearly 3,000 units in that space so although this shows a golf course and lots of parking spots there are a lot of people in close proximity I just have a cup my main component is I think we need to learn from those who have gone before us we have several states Colorado has put a moratorium on their recreational marijuana dispensary permits I believe Massachusetts has and somebody mentioned that New Jersey has as well and for good reasons there are many studies out there that are showing what complications have been created by dispensaries in neighborhoods specifically Iowa Ohio State to the 3-year study in Colorado showing some really great detail and councilman Victoria seaman has been great she's been to our council meetings she has all the links to the the studies that I will reference super legitimate like these are people are really trying to get to the bottom of one of the things just one of the simple components is they did a study about how is the neighborhood immediately adjacent to these dispensaries affected the people who are applying have amazing security they have 24-hour guards they have every lock and key you can imagine in this study it showed that they will probably never be broken into but they showed on average an additional 84 residences in the adjoining neighborhood that will suffer property damage related to this an increase of 84 that they can only attribute to the marijuana dispensary being put in there couple of other concerns one is that the one of the studies shows that there is an increase in marijuana related hospitalizations in the hospitals that service where the dispensaries are which i think is a definite consideration the other thing is we are a mile and a half from two Elementary School's a Public Library down the street kitty-corner across the street if you just go diagonally across the HERA there is a child's daycare there we've got elementary schools we've got a synagogue just on the other side of the street so these this is a neighborhood and I don't know if Councilwoman seaman actually cc'd you on this but she stated to us as residents and I'll just read a section briefly from her an email what her recommendation to the applicant was and in some ways this feels a bit offensive because the voice was clear we had hundreds and hundreds of people and for those of you who weren't aware this matter was addressed less than a year ago council meetings the applicant ended up withdrawing their application because they saw it was very clear it is not wanted in this neighborhood but let me just take a quote from Victoria's email to us which we were so grateful for the overwhelming opposition voiced against the dispensary at both public town halls along with the stream of emails and phone calls opposing the dispensary that have come into my office make it clear to me that the residents of Ward 2 do not want the dispensary in this community therefore I've asked the applicant to withdraw the application for special use permit and and she acknowledges that is their decision altogether and I think maybe a zoning issue needs to be addressed in the future because I understand they they meet the requirements which is terrific but maybe maybe a rethink about why this doesn't really maybe meet the neighborhood requirements thank you and I will make a comment that I'll let you go a little bit longer you get a lot of a lot of things to say and so and you weren't repeating yourself but I won't start holding it two minutes no thank you good evening sir well I'm Dan good cell actually married to the previous speaker I also reside in piccoli Ranch my comment is just that of all the potential uses for this particular use this seems to be it's hard to come up with a worse choice for a property for this use I mean it's right up against one of the busiest streets in Nevada you've got six lanes of traffic right across the street from it I think first of all you need to acknowledge that even though they're gonna have armed guards being a cash business and for the foreseeable future I think it will always be a cash business because of the one even if they get their banking issues worked out on the federal level I think people are always going to want to have anonymity on purchasing marijuana even if nothing else for just drug testing purposes so with with with that and with other businesses becoming less cash overtime it makes this business especially susceptible to some kind of a sophisticated armed robbery type of attempt and if that happens you can see from the map I mean you're you're very close to very dense housing and aside from that you're right next to very dense parking restaurants surround restaurants and commercial uses surround this particular use that are also going to be densely occupied with families young children that it's it is offensive that the applicant wants to continue to proceed in light of the overwhelming but it's especially when the applicant at the public hearings was going on about how they want to be such great citizens and yet it's offensive that they completely disregard the overwhelming opposition you have about 15 seconds remaining well with that other than just the other problem with this aside from the very dense residential and commercial use it's it's also got green belts that are completely unprotected that are pretty densely forested and vegetated and and it's a perfect place for people to to be involved in illegal trafficking of these the marijuana that they've purchased and they're selling to to young kids that can't purchase legally thank you the rain comes Laura I live in Canyon Gate and I also knew Nablus I've seen what the marijuana business is done by treacherous and I don't opus okay thank you I don't want these people in my neighborhood I serve on the board at Canyon Gate I've been in Canyon Gate for 25 years paying my taxes taking care of my neighborhood making sure that all of my neighbors are safe and we're working very hard to keep people from coming over the fences into our community and destroying and graffitiing everywhere these people know that we don't want to there they've had their meetings and they're trying to postpone this so that we can't show up in January thank you thank you good evening sir get really apologize I'm gonna rock the roller and I'm having one heck of a time here and everybody so I'll do the best I can here my name is Wayne Cook CEO okay can I get your address I'm sorry what your address 7740 four brothers Bay Cork I think this dispensary is in the heart of Summerlin surrounded by pristine communities we don't want or need a marijuana dispensary period this was verified as to previous town hall meetings selling marijuana is against federal law and terrifying to the community here's information from the Justice quarterly of criminal sciences point number one neighborhood so the dispensary saw increased crime bow up to one thousand four hundred and fifty two percent point number two after Colorado legalized marijuana violent crime rose by 20 percent this is documented in this magazine and verified by the University of Colorado the City Council promised dispensaries would not be in residential areas the marijuana ordinance ignores critical zoning issues especially for the safety of our children a bus stop is across the street to transport children to and from school a public sidewalk is less than 20 feet from the dispensary schools and dance studios are less than 1,000 feet a major library and synagogue are just up the street condos and apartments are very close major public schools are with 1 1/2 mile local businesses that cater to families and children are within a few feet of this dispensary I hop baskin-robbins when you go into baskin-robbins they have a little thing right there for the kids and it says for the little people these these places all cater to children families Chipotle Carl's jr. comic book stores movie theatres many many businesses within those shopping centers of that corner cater to families and are not being protected I own a business located close to the proposed dispensary it is heartbreaking to imagine what might happen and how the zoning law has been so flagrantly distorted and compromised to accommodate these drug dealers listen to the owner of IHOP this is a letter that he sent in okay sir before I'm sorry about a minute over what's up you're about a minute over Oh could I have 20 more seconds if you I'll give you 20 more seconds okay the IHOP letter says I hop is a family restaurant with many customers bringing their kids of all ages many visitors to the dispensary will be drug abusers addicts and kronos this is a fast we asked the department to support the will of the people this dangerous and harmful SUV must not be approved thank you very much thank you we have a few microphones so if the other people want to talk I can get two or three people up here at the microphones please sir could somebody ask if he wants to submit that letter go ahead my name is Kimberly Hughes 931 Paisley Street Las Vegas Nevada and I opposed the dispensary because it is located in the heart of a suburban area where people are raising their children and families and I believe that to put a dispensary this location would change the whole tone and character of the neighborhood and therefore I'm asking you respectfully to deny the special use permit to the applicant thank you good evening hi my name is Cheryl in Adams 1916 shifting wind Street I also live in piccoli Ranch and I am opposed to the special use permit I am born and raised from Colorado and so I've seen firsthand the what has happened to communities that have approved recreational marijuana dispensaries I'm not I think that 90% of people who go to recreational marijuana dispensaries are very good people and so I'm not trying to say that these are evil people who are coming but there is a small percentage that you know aren't going to make good choices as with everything I go on walks daily in our green belts and by myself often generally in the daylight and so I'm just concerned that as people go and get their marijuana and they're not currently gonna be partaking of it they're there I'm gonna be smoking it there and there will be people that are coming into our greenbelts because it's a very easy place to go in and to use their marijuana and just last night I was on a walk in the Greenbelt and there was a man in there that was he I was wondering what he's doing he was tagging our tunnels and I'm just concerned that there will be more people who are not part of our community and therefore not as respectful as the thing that we have created there I have four children ages 6 to 14 and I am concerned about the increased traffic that this is going to cause to the area and I have been known to take my older boys to the movie theater there and let them go in by themselves and I don't know that all feel comfortable doing that anymore with a dispensary across the way because you know marijuana is a legitimate drug and it does impact our thinking just as getting drunk does and so I'm not necessarily going to want my children to be unsupervised around somebody who's high and may not be acting as they normally would so I really appreciate that you guys heard this night because I did have to miss things for my children in order to come out and so I just hope that you will deny the special use permit thank you thank you good evening good evening my name is Shawna Delamar I also live in piccoli Ranch 99 12 dusty wins Avenue two points that I want to make there are a few other dispensaries within two or three miles of this of this proposed locations if I want to go to Walmart I have to I choose to drive 15 minutes to go to Walmart I'm asking that if those that would like to purchase marijuana or cannabis that they drive five more minutes to the dispensaries that are already within the area this is just too close to residential neighborhoods and to family oriented businesses has husband stated before my concern is that those businesses that are existing now will terminate their leases or not renew their leases when they do expire and these commercial centers will become vacant and they will be grounds for a crime and loitering we have seen what it looks like down on rainbow and Sahara where there are dispensaries and the Lord I mean that's going on the the people there just hanging out there in the in the parking lots it's not the people that we want in our neighborhoods are unprotected greenbelts there are schools within three schools within a mile from this daycare synagogues theaters family restaurants this is not the neighborhood for the dispenser we are not arguing the legal use or dispensaries in general just this is just not the location thank you thank you good evening my name is Fran Abbott a DB OTT I live at 2021 Eagle Trace way in Las Vegas and Canyon gate and I'm opposed to the dispensary for the reasons that everybody else has enumerated right now also for other reasons the process has been off-putting the first public hearing that we had the town hall was cancelled on the day of the Town Hall there were two subsequent ones which we went to and the sentiment was almost unanimous or strongly anti the dispensary and here we are now I'm I was disappointed that the Planning Commission in the face of what our residents had said excuse me that yeah the Planning Commission in the face of what our residents had said approved the the application or felt that it would be a good thing for the city my other reasons for being against this is I'm terrified of marijuana we had a couple of family members who used it as a gateway drug and we don't have anything to do with him anymore because we can't I've also seen in the paper like just the other day pot tests produced odd data this article shows that this this marijuana stuff is a work in progress it the article says that most of the testing in Nevada is not adequate to identify the presence of yeast mold as fragilis pesticides or heavy metals as well as potency this is this is a problem and I don't think it's advisable to give the green light to something unless the proper safeguards are in place I am I done thank you very much good evening hi I'm Frank Abbott Mary Frances husband so we both live at 2021 Eagle Trace way in Canyon Gate until a few weeks ago I was the president of the board of directors of Canyon Gate know a lot of the residents I think I think are and I'm not representing the HOA in any way so because I'm not a member of the board anymore the concern we have is the neighborhoods that surround this property because you have five very densely populated neighborhoods where families congregate families do things that surround this area if somebody needs to put this let them put it in an industrial place where the families aren't there whether the homeowners don't get into it we've seen an uptick in some of the break-ins that we've had in our communities even though we're guard gated we still have people coming over the walls come people coming and doing bad things in the neighborhood and we need the protection of the government to make sure that this doesn't doesn't get exacerbated by putting a dispensary right in the middle of the neighborhood thank you thank you commissioners thank you good evening my name is Mac Miller and I not only live within a similarly District five that crosses over into award to award to crosses into Assembly District five but I have a resonance in word two as well and I have two young girls that go to a school within walking distance of where the proposed location is to be I understand I'm a longtime her that I was born and raised in Las Vegas I understand there is a reason why we have zoning for certain businesses as we have zoning for strip clubs as we observing for pouring shops and things of that nature and just like those businesses they'd be required to request a special use permit that's the reason why they requested it is because it's not zoned for such a business for a reason I heard the arguments of the proponents those people that support this and while their argument that crime decreases immediately around it surrounding a marijuana dispensary that is because they're required to patrol it they're required to have extra security and lighting but what they don't tell you is that immediately adjacent to those dispensaries the crime rate increases now if you notice immediately adjacent to this proposed location are the residents many of them that are here and that have spoken out against this I to oppose the vote in support of this special use permit again I have two little girls I was born and raised in this community I've lived in most of your districts and most of the wards in the city in my 43 years live in this community so I do oppose that I for use of better terminology or a lack of better terminology the fact that the smell that's wafting from the outside with with the Bulls out there have seemed to seep into the chambers through the proponents of this bill is not a nice thing but this is about safety of the community safety of the neighborhood and I oppose this this special use permit so again for the record my name is Mac Miller I to put on record also I'm here as a representative of the Chinese American citizens an alliance with thousands of members that we have as well as I am supporting and backing all the people that called me and asked me to be here to oppose this especially used format okay you thank you good evening my name is Joyce hazard - 908 broken little circle we live in the lakes but I'm opposed to this because every what everybody else said but also you must be able to see that this is going to bring in people that don't live on our neighborhoods that may not be you know maybe of not a good reputation and like they said spread crime I feel very safe where I live right now but I will not feel safe if you bring this kind of business into my neighborhood where we go to all these businesses right now and we don't want to lose them because you're gonna put a dispensary here we like it how it is we support our local businesses and we don't want more crime in our neighborhood and I feel safe and it's your job to keep the citizens safe so that's why I asked you not to approve this you've heard all all these citizens say that so why you you need to listen to the citizens that live there we're paying taxes for where we live and we we want to keep us safe and that's your job thank you thank you good evening my name is Mike hazard and I live a 2908 broken will the circle this is my wife and so first of all I wanted to say thank you to Victoria seaman for all that she's done to keep us informed in the neighborhood about what is going on and for her you know just their continuous support and communication with us as you might know from not only from the previous Town Hall's that have been held but also from the opinions that have been expressed tonight that I haven't heard one opinion in favor of this and so I hope that you will take note of that because it is not the it is not the norm favorite favourable to this is not of a high opinion here and for all this for all the reasons that people have mentioned so far I concur with and support and so therefore I continue to urge you not to allow this to happen to deny the application for the su P 772 for in closing I could if I could make one suggestion that if the applicant thinks that it's such a green idea for this business then there's plenty of places down on industrial and the Orang and another industrial area throughout this county throughout this city and I encourage them to utilize that to pursue that location versus a neighborhood where family businesses are located where family family life takes place and for like I say all the reasons that everybody has mentioned that this is a family-oriented area and this would not be conducive to continuing that so please do not support that thank you thank you good evening hi how are you my name is Anthony Ruggiero for the record my address is two eight zero one whispering wind drives Las Vegas Nevada I live in the lakes community the standard that the planning commissioners are supposed to apply is whether or not this su P is going to be harmonious and compatible with existing surrounding land uses and future surrounding land uses I have some experience with the city of Las Vegas and I know that this neighborhood has been identified as a walkable community reason it's been identified as a walkable community is because you have these five beautiful master plan communities within this neighborhood unfortunately when you look at the notification area it's hard to say that piccoli Ranch was adequately represented it seems that maybe ten houses within Coley ranch got notified it's hard to say that Canyon gate was adequately notified maybe 30 houses within Canyon gate were notified yes at the intersection of rampart and I'm sorry Fort Apache and Sahara on the northeast corner that's primarily apartment buildings they don't own within the neighborhood yes they rent within the neighborhood yes they utilize all the surrounding uses but they're not owners the other neighborhoods the lakes maybe about a hundred houses sir we have we have a particular notification a distance that we if you wouldn't talk about the notification we can but if you had other stuff that was pertinent to this I would suggest that we talk about that well and that's my point is that the notification area is very small it you there's a synagogue that's just outside of the notification area there's a library that's just outside of the notification area there's MJ Christensen elementary school that's just outside of the notification area that's the point I was trying to make was that this notification area while it is within the planning departments guidelines it falls far short of the notification that should have gone out with a special use permit such as this in these neighborhoods that said the few meetings that were okay in two and a half minutes okay thank you the first meeting was held 50 attendees there might have been two or three individuals that were in favor of this item the second meeting there was approximately 150 attendees and there may have been 10% that were in favor of this item at those meetings the fact that matter remains is that this is not a harmonious and compatible use with the surrounding uses within this neighborhood the neighbors have come and they've come time and time again it would be real said and hard pressed for this neighborhood to have to come out again to voice their opposition the opposition has been voiced it was voiced about a year ago as well the fact of the matter remains is we all know why the applicant is choosing this neighborhood because they can't get into Summerlin and this is as close as they're going to get short of going up to hala pi that's what we're facing and we'd like our voices to be heard 72 pages of opposition were included with your packet commissioners and I ask that you take that into consideration thank you thank you seeing nobody else I'm going to close the public hearing and ask applicant come back up I'll give you a few minutes for rebuttal thank you very much so I've watched a few of these su P hearings take place before your body over the last few months and certainly neighbors generally show up when it's something that they don't want and when it's something that they support a lot of people I think take it as a foregone conclusion I'm not sure why you can't turn out a lot of supporters at some of these meetings but we since the last neighborhood meeting we have canvassed the ward and I have got a map I can show you a picture on my phone and I can submit it it's an electronic along with 169 signatures and those are just the written ones we've submitted I believe prior to this meeting electronic emails of the support so we're like 250 residents of Ward 2 have signed on to soon support of this su P and we're continuing to talk and this award and talk to neighbors which again is why we requested the time because we wanted to really come back and show that while there is some some vocal opposition there is also a lot of support all just for the purpose of showing you a picture of where that supports coming from I'm going to pull it up here on the my phone and hopefully you can see and I'll move it around a little bit but the red dots indicate every one of these supports in again I'm sorry I didn't say it's College our general partners for the record surrounding the location here all of those pins are folks that support in the way in the lakes and the surrounding neighborhoods we also have talked to voters and residents of the other parts of Ward 2 and we are finding support but again we wanted to continue down that path we also wanted to have conversations with the planning Commissioner about potentially needs to condition to address some of these concerns there were some mentions of Colorado in other states what let's talk about what's going on into that and what what we are not seeing in Nevada is widespread crime around these businesses and adjacent areas to these businesses I've talked to Metro about this we've had conversations what's the impact we want to know if if there's gonna be a negative impact by this use then we want to know what that looks like and what is the day to say and and there isn't any data right now in Clark County that supports that the things that happen around these types of businesses are any different than another use but to that point understanding that there are some there's people have said this up at the mic they have they're afraid of marijuana they have fears concerns and so the applicant has agreed to be conditioned whether it be limited hours additional security whatever they can do to be the best possible neighbor in that commercial area and it is a commercial area the applicant chose this location based on some criteria one for example is they know based on where their current location is in Clark County that they have over two thousand customers that live in Ward 2 that have come to their dispensary and this is almost near the strip spring mountain value and so we know that people from Ward 2 are going as far away as that location to purchase legal marijuana they thought this would be a good way to service some of that customer base and we know that there are individuals that live in this end of town there aren't going to be a lot of dispensaries this may be the in fact the only dispensary that gets approved in or two if it does get approved based on some of the new zoning requirements 1500 foot distance seperation from casinos the thousand foot from similar uses we're taking that into consideration and we're forecasting this out and I can tell you that the applicant is committed to being the best possible example for a dispensary and if we are the only one in Ward 2 then obviously we're gonna have a very high standard we've we've listened to the neighbors we hear your concerns and and and I should address you're not the audience I just I want them to know that we are listening and it's also why we weren't trying to force us we requested the abeyance originally because we wanted to make sure that the Councilwoman could attend that first meeting and so someone came up here and noted that we had to change that we did but it was at the request of the counts woman because we wanted her to be there she wanted to be there we wanted her to be there and then she came to the two subsequent meetings we are doing our best right now in this process to to listen and to come up with a plan to make this the best possible if we're going to get this land use approval to be the best possible business in that location but we feel like we have a little more work to do and that's how we were asking for the advance to begin with but again in to honor their time I know they're busy than people have families and other commitments and we're coming up on the holidays I was happy to sit here and like we sat at those two meetings and listened to those concerns and we will continue to listen to those concerns if anybody has any questions specifically about the application I'd be happy to answer those thank you alright I'm gonna close the public hearing turned us over to the Planning Commission for discussion in possible action I'd like to hear from the rest of the Planning Commission before I go on yes Commissioner ji-sun I know this area I lived there for 20 years I rented a mailbox place at the UPS Store for seven over 17 years is this compatible with the area I believe it is I know that the residents don't want it it's scary you don't want it I understand it I really really do this is an emotional issue but it is compatible we cannot vote to approve marijuana dispensaries in wards one three and five and say okay war two no we can't do that I still have friends in war two I've got I can't tell you how many phone calls emails and text messages that I received just in the last couple of weeks knowing that this was coming before us and a lot of them are in favor of it I said we'll come on down to Planning Commission let us hear from you they said no we're afraid we're afraid if we say we're in favor of it these are our neighbors they're gonna do something to us I said well that's that's silly they won't everybody is entitled to their opinion I'm entitled to my opinion you're entitled to your opinion and I respect your opinion and I do hear you I do believe that this is compatible with this area it like that I was in and out of this area six days a week for 17 years I lived in the community for 20 years I was president of the Association for the West to Herrick Community Association of the lakes for ten years my husband was president of the lakes Association for 15 years we created the lakes festival of lights which happened after 9/11 we are invested in this community I understand it I get it I love this community I remember when they first were gonna build the community back in the 70s when the Collins brothers said hey we're gonna have to pave Sahara past rainbow in order to build this community and they had to have a special session of the legislature to incorporate into the city I've lived in Nevada for over 67 years I wasn't born here but I came here as a young girl I understand what you're saying I love this community it has my heart but I cannot in good faith approve marijuana dispensaries in other areas and don't approve one here I can't do it it's not consistent and I think that staff did get this right and that's my opinion thank you very much Thank You commissioner yes commissioner you know I've given this great thought and I do I do have to echo Commissioner Toussaint's sentiments a lot of what I make a decision on is is based upon what we've done before and there have been marijuana dispensaries in the city of Las Vegas that have been improved in similar locations and for us to suddenly change our mind and say that a similar location such as this is suddenly not compatible and not harmonious I think is is the wrong choice to make I do get concerned about the idea that too many of these types of marijuana dispensaries are going to accumulate in one area the sentiments that have been expressed before and were expressed tonight as they should be placed in industrial zones well guess what those industrial zones in our city are all in Ward 1 and 1/3 so when people come and say we only want these in industrial zones what you're saying is we condemn the folks that live in Ward 1 in Ward 3 - if you look at it as a burden is to shoulder this burden alone and frankly I think that if we're gonna have marijuana dispensaries which the voters approved which the legislature considered in which we voted on then we have to we have to spread these uses throughout the city and not say it's only available in these small locations and so in due consideration I think that I would support the applicant tonight Thank You Commissioner Commissioner Williams no Commissioner chatter okay well I think that this application and this use at this location has kind of a tortured history an initial application was submitted by my predecessor my predecessor and that application was pulled because of the overwhelming opposition on this matter the application was submitted back in August I believe that the burden is on the applicant to provide the conditions and the requests this isn't a burden that is on the Commission and without having those conditions or anything since August I just I think that there's an issue with this also I happen to be at those town hall meetings and I saw the overwhelming opposition and that being said I have to take into consideration the prejudicial effect on the residents of Ward 2 versus the burden that lies on the applicant and with that I don't feel that the applicant has met the burden tonight to have an approval of the special use permit and with that I'd like to make a motion to deny the special use permit ok motions on floor to remind everybody a yes vote would be for denial okay can we get a that motion fellas can we get a another motion anyone Commissioner Tucson I'll make a motion to accept to approve with conditions yes and that motion carries director my apologies so that item will move forward to City Council and be heard as a part of their agenda on February 5th 2020 thank you very much director Thank You vice chair moving on to related items nine and ten abeyance var seven seven five two two applicant owner Masonic memorial temple Lodge for plus fashion request for variance to allow no sidewalk improvements along a portion of Mesquite Avenue where such are required at 2200 West mesquite Avenue Ward 5 staff recommends denial related item number 10 abeyance SD r7 75234 posturing request for major amendment to a previously approved rezoning to add an existing soccer field to a fraternal organization development Ward 5 staff recommends denial commute the staff for please mr. chairman the subject site is located in the CV zoning district which allows any public or quasi-public use operated or controlled by any recognized religious fraternal veteran Civic or service organization the submitted justification letter date stay up to October 1st 2019 indicates the soccer facility will only be used for the programming needs and activities of the Masonic Temple members and its affiliates a condition of approval has been added to prohibit the commercial operation of the field however the submitted site plans do not provide walk improvements required by title 19 complete street development standards and the applicant has provided no evidence of a unique or extraordinary circumstance to support the requested variance staff therefore recommends denial of both applications please note that there are additional neighborhood meeting notes in your supplemental information packet thank you thank you catch your name and address for the record please yes Ricky Barlow for the record 22 22 West bonanza as you want very well no commissioners this item is coming back before you on an abeyance a 30-day abeyance by Commissioner Williams and I'm here to stand before you and we also have neighbors here that I'm sure would like to comment as well that the neighborhood meeting was held on December the 3rd at the Masonic Memorial temple and during that meeting approximately a total not approximately a total of 22 people were in attendance there was an open and candid conversation where myths were solved and rumors were put to bed while most importantly new relationships in my opinion were established some of the operations of the Masonic Memorial temple the multiflex space is what I call it but tonight you all know it as the soccer facility was designed to assist the Masonic Temple with the ability to generate revenue to help offset their increasing operational expenses they were blessed with the opportunity to identify an angel donor in our community who was gracious enough to fund this beautiful facility in exchange the donor asked to be granted permission to afford their little league soccer club an opportunity utilizing the open space for soccer practice during the season for youth only from 5:00 p.m. to 8:30 p.m. within this multiflex space there will be two LED light poles installed with its lumens directly positioned on the field eliminating all light concerns from property owners east of the site to include oncoming traffic on the ski s for the variants requesting tonight the request of the advance of this installation of sidewalk we the applicant and neighbors have agreed to support the variance with conditions the neighbors are very concerned that in the beginning that the installation of the sidewalks would not take place but I'm here to stand before you just say we do want to install the sidewalks and in addition to that where the miscue the misfire took place is the fact that the donor had not attached the donation of the installation of the sidewalk with the installation of the facility and that's the reason why we requested the variance so that we'll have time to either raise the funds or in fact come back once the next Grady permit or the next development that takes place on the site takes place we're able to wrap that inside of the construction loan but allow me to digress just momentarily because what I don't want to do is speak on behalf of the councilman of the ward but he and I had a conversation and he has shared with me that he has identified a way in a source to get the sidewalk installed sooner rather than later and so for that I will allow him to speak with the neighbors as to how in fact he's going to do that but that information has just been shared with me by himself within the last 24 48 hours so I do want to make that a point of the record moving forward to put some of the concern to rests in relation to the installation of the sidewalk it will be done sooner than later within this development there will be decorative wrought iron fencing erected complimenting the landscape throughout the site as well as the Miracle League facility on the south side of the street we have additional we have additionally agreed to inform all residents of ongoing activities and programming taking place throughout the Masonic temple via the Rancho manners Association president and through the utilization of their social media platforms these are all agreeance agreements that we've made during that neighborhood meeting the Masonic memorial temple and its affiliates are enthused to reestablish its neighborhood report by opening its doors as well as this open space to the Rancho Manor community in all of its future activities this is a real commitment we are all hoping the residents take advantage of moving forward so when closing on behalf of the Masonic memorial temple as well as their angel donor we would like to thank the Ward five staff Kelly woods in particular as well as the city planner - Jonathan Boyles and the entire Rancho manner community represented by their very capable president miss Tara Anderson we are confident and committed to continue our great stewardship and community partnership from this day forward and so at this time mr. chairman commissioners I will await any further questions or directions you all may have me thank you Thank You mr. Barlow this was notice as a public hearing anyone from the public like to be heard on this item please come up we have three microphones I'll need your name and address for the record if you're for against and why good evening again my name is Joseph froggy adocus fr Agia da Kenny is 27 Jade circle he 9 106 in the Rancho manor community I was here last month as well to express my concerns for the whole project and especially now finding out that there's the possibility of it becoming commercially rented out for any groups that want to use the facility as they're calling it for the soccer for family reunions or whatever it it's going to put extra pressure and I don't know if there's a way to ensure the safety and being good stewards to our neighborhood because it is a quiet neighborhood it's all residential and there's no know if there's a way to guarantee that the people that rent out the space are going to be good good neighbors in essence you know to use the the facility as it's supposed to be used initially it was supposed to be just for the soccer for the Masonic Temple soccer club and now we're finding out it can be rented out for whoever would like to use this as a that's a fun area so it's just it's just a concern something to consider how they're gonna continue that promise of you know moving forward with being good neighbors with our community is there a way to guarantee it and is really the concern with that thank you thank you my name is Steve Campbell I live at 2:09 shadow Lane I believe I'm out of the thousand dollars and feet thing the city has which I also will express to the council that's wrong because what happens to the entrance of my neighborhood affects the entire neighborhood not just the thousand feet and that's something the City Council needs to address but as far as this project several things the Masonic Order is a very charitable and honorable but they asked us for trust and Trust starts both ways they trust it they ask us for trust that they're going to be good stewards the way this came about the way the fact that they do not want to address anything from the past not even discussing the fact that there was conversations and we can show that there was conversations about a park in the neighborhood the gentleman there talked about how laid things to rest well they laid them to rest but they have not addressed those things they have not addressed the fact of why there is mistrust in the neighborhood of the council running the Masonic Order in our neighborhood I do not trust them with their actions of how this came about to be good neighbors and for then definitely the sidewalk it's a no brainer it is also what has not been pointed out the area that this soccer field is being wanting to be developed commercial use which he even stated is right where there's a center rock piece and the traffic has to de like that there's no bike lane because the bike lane ends there's no place it's too closed right there there has to be a sidewalk first safety not promises of some time not to require it as part of this is irresponsible thank you very much Kate your name and address for the record please Denise winemiller 1808 collins avenue the property that they were going to build this on is right directly behind almost 40 homes that we affected by noise lights traffic and this is the entrance to our neighborhood I've lived at my address for 31 years it's an extremely quiet nice neighborhood we have the medical centers all going in and to have a soccer field where maybe some people can use maybe they can but for right now it's just a benefit for the Masons and that's not for commercial use that's not part of the neighborhood maybe we'll get to use it if we notify someone but then again we're subjecting at least 40 homes who are 10 feet within the soccer field so every night or how many nights they want to have events or we subjected to their noise and lights within 10 feet of their backyard for years nothing has happened and now it's oh we're gonna put soccer field I'm gonna put some lights or this and it's like you're in my backyard this is directly behind people zones but yet adjacent to the lot there's a huge empty lot with no houses so why are we building it here when it could be built over there so I just I feel that it is not necessary for the neighborhood to for profit go with the Masons request for a soccer field hi there Tara Anderson 21:04 Frontier Avenue as a follow-up to the the last meeting I'd be remiss in not sharing that one of my dutiful and studious neighbors was able to actually find the archive of meeting minutes that date back to as far as 1975 around the dialogue about a park now I share this there's not explicit language that speaks to an official quid pro quo you get a billboard we get a park but the narrative continues and so just I didn't want to leave that item in particular open-ended since it was a topic of discussion last week so our last meeting forgive me so I do want to thank the Masonic Temple and the fact it and and Rikki Barlow for facilitating a conversation our hope ultimately is to forge a more constructive and collaborative and neighborly relationship with the temple and albeit there's a lot of tender issues with the residents because of the history I'm hopeful but should this body decide to approve this application there are very specific conditions that the neighbors minimally want to see the lighting issue currently we understand that it's temporary lighting the specs were not provided to us but it's our understanding that the permanent lighting that would be installed the trajectory of it would not be intrusive westbound on Mesquite which right now is blinding when you're in the evenings heading home which is a safety hazard the sidewalk issue in that any future application activity requests what have you the condition of a sidewalk being installed is an absolute must if monies are still available publicly we're happy to explore those for the improvements that that Riki Barlow referenced on behalf the applicant we do not know of those for certain at this moment if those monies are available but happy to make the ask the schedule currently our understanding is the use for as it relates to soccer and this soccer league is Monday through Thursday we have asked very specifically that the burden has to be on the temple that they are going to be good stewards of this space the wall that is adjacent the property owners who are on the turn side of the subject site their walls are not the full traditional six-foot wall and so our ask is that there's not I mean if if this becomes an invasive event space that's affecting the neighborhood and this gets approved we have no other recourse and I understand we have code enforcement but let's all be realistic like that doesn't always shut things down and so that's the the burden that we're putting on the Masonic Temple that there has to be an expectation that this gets shut down my other my last request is that should this not be approved the commentary has been made to us that the existing chain-link fence that's temporary fencing that was not part of the scope of this project would survive in perpetuity and the asking and the expectation is that that be removed should this not advance I don't know if you guys can do that but I'm just covering my bases so thank you thank you very much yes I would thank you mr. chair Thank You commissioners as I mentioned there were a total of 22 residents that participated in the neighborhood meeting and I know that we can't please everyone but what I can stand here before you and share is that the majority of those residents that were there agree with the conditions in which their president Tara Anderson has basically brought forth in relation to how we move forward as being neighborly in relation to the Masonic Memorial Templar and is in its affiliates as well as the neighbors and so we are amenable to that we are in agreeance to that and working with the councilman's office as well as the neighbors we're going to install the sidewalk that's I what we want to do it the only thing is we asked the only thing that we're asking is to give us an opportunity with this variance to come back to install it whether it be through the council office and having further conversations as far as how the councilman is going to address that or as we move forward with bringing forward a a an additional conversation in relation to a development that they would like to share with the residents let me also address the commercial piece of the conversation today the Masonic Temple rents out their indoor space they've been doing that for years as a matter of fact I held my first marriage reception years ago inside of the temple so this isn't anything new they have three fraternal organizations within this building this building was built in 1972 this is a nonprofit organization that does wonders in this community as relates to youth and those disadvantaged young people all across Southern Nevada so this isn't a a private organization that is flooded with income they're trying to do all they can to continue to band-aid and put bubble gum on this building and so finding creative ways to bring in additional income and they're not going to get filthy rich off of renting out an outdoor space right so if we take for example the youth component out of it because the individual with the youth program can say well I'm just going to move the program somewhere else we still have a fill there a space there that is a usable rentable space for outdoor purposes and so we've never wanted to in any way act as though this was something that it's not and that's why when Commissioner Williams asked us to go back in to share and get more in depth in regards to the conversation all of this basically is where we have reached today and so what we're requesting is to work continue to work with the council office as well as the residents to basically reestablished that relationship in that level of trust and understanding that we're not going to have every resident on our side moving forward so I appreciate the time in respect respectfully acid answer any questions that you want me have thank you and I appreciate you reaching out so I can get back to us in the middle of a newborn you know congratulations thanks for reaching I appreciate you doing the legwork I'll go to the Commission for discussion on it I have a few questions if I could mr. Barlow last time you were here you indicated that this was going to be a practice field yes it is and I did go and check it out and it does seem to be a half soccer field crisis it isn't what is the need for the bleachers for parents for parents and in an observers parents that come to basically watch the kids practice but we but let me share this also we could take those out I mean we were just basically trying to accommodate for the opportunity of parents to have a seat so that they're not just standing around the field I have no problem with that I'm just concerned about the cheering that would accompany a full-on soccer match that might be happening at night and disturbing the residents next door well one thing I can't say regards to the distance someone mentioned that they feel this 10 feet away from the backyard it's it's 80 feet okay that's the width of the it's a project from the measurement of the turf to the property line it's approximately 80 feet well well 10 feet or 80 feet I think I still think cheering does Carey correct right I'm not I'm not trying to minimize that but I just want to basically add the fact that with the trees and the additional and the additional landscape and the distance specifically as relates to a practice soccer facility we're not looking to host any tournaments there all the tournaments are being held at Kellogg's there okay Betty Wilson we have in you can condition that we don't have a problem with that because this is not meant for a full onslaught soccer tournament this is only specifically for the the youth soccer ages pretty much kindergarten to 8 years old 9 to come out and basically prepare to go out to Kellogg's there or Betty Wilson to have the full course of soccer okay thank you that clarifies that question the lighting that what what time do you think you're gonna be operating this practice field until in the evening the latest 8:30 p.m. a third and the residents are aware of how late this is going to be operating correct okay and they had no problem with that correct okay and let me share something also because a lot of the residents assume that the lights that we're talking about are the two big dome lights that you see at middle schools and high schools it's not that type of lighting there's two light poles specifically pointed down onto the field they're directional LED lighting okay and so those lights will be out no later than 8:45 giving the kids an opportunity to get to their cars and transition from that point and that could be a part of the conditions as well we don't have a problem with that because we know that the lights are not going to be on or the kids won't be on the field no later than 8:30 and then my next question is that that chain-link fencing that was mentioned that I saw it's pretty terrible looking down yes that that is coming down and just as I mentioned in my opening statement is that we're installing a decorative wrought iron fence locking mechanism so this is just temporary when this facility was red-tagged we had to secure it and so therefore we had to place a fence around it to secure it while we get through this process great and then finally what I'm hearing from you is you guys are gonna build the sidewalk I'm sorry you're gonna build the sidewalk correct what you're hearing is we want to build a sidewalk we don't have the funds to build a sidewalk as Masonic memorial temple today because the funds that were a lot it was specifically earmarked for the installation of the soccer practice facility when in fact they continued to do the additional installation as far as preparing for the wrought iron fence and the lighting package the site was reattached and so therefore one we got into the details it was planning staff this is oh by the way you all required for the half Street improvement so let me just let me just put you right there mr. Sommerfeld if we grant this variance now there's no legal obligation for them to improve the sidewalk at all despite the promises that they might make tonight through you mr. chairman so correct commissioner if the variance is granted then yes it's been on the record the intention of the applicant is that they will participate or work with the council office to get that in filled I believe my staff is working on and if approved condition for the SDR that prior to any future development requests the sidewalk must be completed so that would impede any future requests but yes if this board approves the variance then they are they are not obligated to do that sidewalk at any point in the future unless you also approve a subsequent condition about a you know before future development occurs that a sidewalk be completed but that wouldn't be a part of the variance that would be on the site development review right and we have been working with planning staff to address that and be a part of that conversation because we're happy to do that as well commissioner all right thank you very much for your welcome thank you sir Thank You commissioner rogon you covered several of the questions I was going to ask I guess my last question for mr. Barlow is is concerning the lighting what are the specs are there photo what do you guys have that you're gonna put in primarily well the light the there's going to be two light poles and the light poles are not going to be no more than 60 feet and the directional LED lighting will basically be focused directly on the fields is that submitted with any other yes as a matter of fact it's it's right here in the back up that you all should have commissioner let me turn it around okay okay so I stand corrected it's actually 39 feet I said 60 sauce half of that so it's 39 feet tall with the directional lights pointing down on top of the fill and it's right here spelled out here as well as the fencing the fencing is of five right at six foot wrought iron fence it's all within the site plan here okay thank you you're welcome well so considering the fact that we we did have conversations in the previous meeting and I do want to say thank you to yourself and the residents for at least coming back to have some conversations this was quite a okay contentious issue and I do understand specifically you know mr. Campbell the concerns about the trust and and you know the past and the things that have happened I think ultimately it is important that we figure out going forward how to start to mend past disagreements and and you know not fulfilling commitments but I have to tell you mr. Barlow this this project has quite a few requests as you heard yes in terms of conditions I'm actually prepared to make a motion on the project but I'd like to really speak to specific conditions and make sure that you understand and do not have any problems meeting those conditions I'm ready the first condition so I'd like to make I want to make sure I'll make the motion first and then state the conditions or we can read the condition conditions okay yes the condition any condition adjustments would be on the site development review and I guess typically we would say what the proposed conditions see if they accept them and then make a motion with those amended conditions got it thank you so the first condition is regarding the lighting that all lighting on the field and this is across a 12-month period so annually that lighting is is off by 8:30 p.m. commission if you don't mind adjusting it by 15 minutes because the practice is over between 8:00 and 8:30 so we want to at least have enough light to make sure that if there's any parents that linger behind five minutes that the lights won't be out they won't be standing out in the dark parking lot so if you don't mind adjusting in about 15 minutes 8:45 we'll be happy for that I want to make sure that we have enough lighting in the area for the safety and security of parents and their children I would recommend adjusting the practice we want to meet the residents in the middle here and so I would i would recommend adjusting the practice hours so the lights are off at 8:30 yes sir thank you access to the field by the residents we want to make sure should they want to use the field is that a problem no pets on the field this is fake grass false turf so we don't want absolutely no pets okay this is not to be used as a commercial enterprise well how do you define that you say commercial you know commercial in the space is not to be rented for profit it's to be used for practice as stated and requested okay that's fine okay and also no tournaments on this field practice only that's fine so if the applicant agrees I'd like to make a motion for approval on item var seven seven seven five two two and as a point of reference this is the variance for the sidewalk correct the the other ones will attach to correct I don't know pretend yes mr. chairman if I can make a clarification that was pointed out to me by Public Works so condition seven of the variance does have a condition about a covenant with regard to future installation of the street so they will have an agreement with regard to future development and a covenant for those improvements on the street mr. Pyatt can correct me if I stated any of that incorrectly so there there as a part of the variance there is already some language in there to address that future improvements provision that was discussed that is great.i I can't take discussion from the audience I'm sorry the public hearing is closed oh yes seems chairman I can confirm that the accompany agreement requires them to sign the grammar that goes with the land and so will stay with the property until it changes hands and forever I'll change stay with the property and they'll be required to put the sidewalk in at the time that the city request to put it in through you cherish a small convocation on the other lighting hours well it's usually like 8 a.m. until a certain time you have like a certain time where they would be allowed to turn them along 8:30 p.m. is the time for turning them off I mean they're gonna come on at dusk right and they'll be off at 8:30 p.m. all right so for the conditional like maybe 6 p.m. or 5 p.m. well the time changes right so sometimes 4 p.m. sundown yeah 4:00 p.m. will be great before we hear the motion to I have a clarification question and that is with regard to the no commercial use how are we going to enforce that how is that going to be determined that they're in violation or not in violation through you mr. chairman if I may so the code enforcement division of planning will you know we will take any complaints from the neighbors if they are finding that there's a different group out there practicing every week that would suggest that there's probably aid aid lease that there's revenue being generated off the field and we would investigate that in those incidences you're right there there's no proactive I think element that they can do to prove that they're not doing it it's complaint based so if we see that we are receiving complaints that there's you know a group of folks with yellow jerseys Monday and blue jerseys Tuesday we will go out and we will work with the the temple to find out exactly what's happening there and if it is determined that there is a revenue-generating activity occurring then they will be in violation of their conditions of approval as well as the code unfortunately this property both where the temple sets and where this soccer field set are not zoned for any type of commercial activity their Civic zoning which is completely appropriate for our fraternal organizations use but if there's commercial revenue being generated from leasing of space then that puts it into a different zoning category which is in our conditions currently correct on the next side and we do have a condition that makes it very clear that the soccer field area may not be leave shall not be at least not made not be least are operated commercially okay thank you yes that mr. chairman and one more question before we make a note there the motion is made I heard from Lucien about the Covenant running with the land but is there also a something on the SDR that is going to require them to put it in the sidewalk if any other SDR other entitlements come forth to the Planning Commission we're okay with that as well we discussed that in the neighborhood meeting we're okay with that so so right now the Covenant exists so that's one protection but if we want to be more explicit on the SDR we can add a condition to the SDR that prior to the middle of any future proposed development on this site the sidewalk shall be completed something to that effect based on the discussion today but again that would be on the next item so I think technically we have a motion on the variance it's actually for four vote in Commissioner Williams that was a motion for approval was out there a number nine that was a motion for approval okay there's a motion on the floor please cast your votes still not please post and that motion doesn't carry well we have a motion in the opposition against the previous motion Commissioner rogen make a motion to deny item number nine var 775 to to thank you is the motion on the floor please cast your votes and that motion fails with no recommendation and I think it will get worked out at council council I think that's a better place in my mind when I was thinking about it Commissioner Williams Thank You mr. chair before moving to the next item I'd just like to ask mr. Barlow to please clarify I did have the condition of access to the field by residents can you just talk a little bit about what that looks like or how they would go about obtaining access yes for security purposes and also having the ability for the Masonic memorial temple to regulate who's on the facility for liability purposes all the residents must do is come to the Security office which is right adjacent to the the multiplex and ask for permission to unlock the gate and we'll have the gates unlocked for the time in which they would like to participate and be within that open space so we don't have a problem with that and we communicated that as well at the neighborhood meeting and so the neighbors know that all they must do is just come in and request the gates to be open okay thank you so mr. chair I'd like to also make a motion for approval on item SDR 77 523 with conditions as amended and mr. chairman to the motion maker if I could asked for one added condition if you will something along the line so blieden will not be intrusive to people driving down the street or as Terry Anderson stated when she come up here I asked the director if he could make a comment on that and then I'll ask you if you would mind including that in your motion so mr. chairman through you so the conditions that I would have and so all of the or added conditions are on this item the STR seven seven five two three so nothing was amended on the barians so what I have one this one is I have a condition all lighting shall be downward-facing and shall not create a visual impact on the right-of-way I have sidewalk installations shall be prior to any additional or future development applications to be submitted to the city I have lighting shall be turned off by 8:30 p.m. I have temporary fencing shall be removed and new fencing installed those were the conditions I heard commissioned in the applicant agrees with all those yes I do thank you and then to reiterate the existing condition already limits them to just their the Masonic temples use not for them to lease the facility to outside groups mr. chair yes is there a timeframe for the fencing that would be up to the commissioner I don't know since this was done prior to permits I I think most of the improvements have been completed I think the fencing is ready to go as my understanding so it should be able to be done pretty quickly if I may mr. chair through you please the to address the fencing issue we're ready to go with the installation of the fencing as well as the lighting and so everything is has been at a standstill waiting for the approval to move forward and so all of this will basically happen real time and everything will be completed I would think within the next 30 45 days so mr. chairman if I might so the recommendation on this condition might be all temporary improvements to be removed within 30 days of final action and then that way it's denied they have 30 days to remove the the things from the time of final action if it's approved then they have 30 days to finish their installation of the new fence and the lights but also let me caution you director someone feel that it's also based on how fast your office moves with our ability to get the applications through your department so I want to make sure that we have enough cushion there we're not caught off guard because we could amend that instead of final action it could be final permit review thank you that would be better good with that Commissioner Williams yes mr. chair okay okay there's a motion on the floor with amended conditions please cast your votes that would be a for approval yes vote please post and that motion carries and mr. chairman those two items will both move forward to City Council to be heard as a part of their agenda on February 5th 2020 thank you very much thank you thank you moving on to item number 11 abeyance scp-778 applicant cornerstone company owner owner Earl M Morimoto trusts for possible action request for special use permit for a proposed 40 foot tall 14 foot by 48 foot off premise sign use at 38:38 Meadows Lane Ward one staff recommends denial can we get the staff report please mr. chairman the subject site is located within an existing shopping corridor and has been included in the Las Vegas redevelopment area there are existing residential neighborhoods to the south and west while the proposed sign does meet title 19 special use permit requirements it is not adhere to objective 2 point 4 of the Las Vegas 2020 master plan or the Las Vegas redevelopment plan a similar application was heard by Planning Commission and denied in December 2014 staff therefore recommends denial of this application please note that there is a revised elevation drawing in your supplemental information Paquette thank you thank you can hitch a name and address for the record please good evening J Browne 520 South 4th Street representing the applicant with me is one of the applicants principals Justin Michaels we're requesting as you know a special use permit for a double-sided digital 14-foot by 48 foot off premise sign to be located at 3838 Meadows Lane the northwest corner of Meadows Lane and Valley View the sign will auto dim in the evening to reduce glare it isn't visible to the residents to the south due to the former Sentell building to the north and west is the parking lot for the metals mall to the east as the parking lot for Springs Preserve we are committed to allocate a percentage of the screen time to public service announcements such as Amber Alert Springs Preserve and Discovery Children's Museum the proposed off-premise sign as you heard from staff complies with all title 19 requirements we met with both Commissioner Rogan and Councilman Knutson and based on their feedback we improved the appearance of the sign with that we would ask you for your approval thank you this is notice there's a public hearing in from the public like to be here in this item seeing no and I will close the public hearing and go to Commissioner Thank You mr. chairman I'd like to start off by just saying I generally dislike any kind of large sign like this I think billboards are shouldn't be in our community but they are and unfortunately but what I did is I looked at prior billboards that have been approved by this committee and unfortunately even though this is something that I generally don't support we have supported these types of billboards and similar locations and so it would be I think disingenuous of me to oppose it on the grounds on those grounds considering what has come before I certainly appreciate the applicant and meeting with us and improving upon the sign so it matches some of the decor some of the look of the Springs Preserve that's directly across the street and so I thank you for that that appeasement and unless there's any other comments from the Commission I would make a motion for approval subject any conditions thank you there's a motion on the floor please cast your votes yes please post thank you very much and carries thank you and mr. chairman then I will move forward to City Council be heard as a part of their agenda on February 5th 2020 thank you thank you moving on to item number 12 mo d77 683 applicant Enterprise rent-a-car LLC owner Garden City LLC for plat request for a major modification the town center land-use plan to amend the special land use designation from s CTC to G C T C at 5750 sky point Drive Ward 6 staff recommends denial we had staff report please mr. chairman while the applicants justification letter proposes use is very similar to those historically conducted on the subject site the proposed special land use designation will allow other uses that are too intense for adjacent residential developments to the north and east staff therefore recommends denial this application please note that there is an additional letter of support since publication thank you thank you yes David Brown 520 South 4 Street I represent the owner of this property the site was developed as a car dealership in 1997 it operated as a dealership for several years however the previous tenant left and the property has been vacant for several years what is before you tonight is the first step of the applicant trying to reestablish the auto oriented uses that the site was designed for currently the sale of vehicles isn't permitted in this area however there is a text amendment down the road and is expected to be approved in February the reason that we are moving forward with the zone change separate from the use permit is that if we handle them together after the it would cause a delay of approximately two months the owner already has a firm lease in place with enterprise for ten years with four or five-year options the use permit will move forward as soon as the amendment is approved we held a neighborhood meeting on this item and had no opposition we asked for your approval thank you very much Brown this is notice 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 the Commission and I will say did meet with the applicant and I did talk to vice chair to Salvio at length and he got really comfortable with the application after working with you guys and one big thing was having that tenure lease in place that he could see to see what was going and so I will be supporting it and I am prepared to make a motion unless there's any other comments on item number 12 mo d77 683 and make a motion for approval yes thank you very much please post and a motion carries thanks mr. chairman that item will move forward to City Council be heard as a part of their agenda on February 5th 2020 thank you moving on to items related items 19 and 20 VAR 777 75 applicant owner NS a property holdings LLC through a possible action request for a variance to allow zero foot side yard setbacks where 10 feet is required 3301 meat Avenue Ward 1 staff recommends denial and related item number 20 SDR 777 76 for possible action on a request for site development plan review for proposed 119 unit 19,000 425 square foot mini storage facility with waivers of perimeter landscape buffer requirements award 1 staff recommends denial with staff report please mr. chairman while they proposed use is appropriate for the subject site and surrounding area the site design fails to meet minimum title 19 development standards the applicant has provided no evidence of unique or extraordinary circumstance to support the requested variance staff therefore recommends denial of both applications thank you thank you gives name and address to the record please yeah my name is Dave Michael addressed 50 robach court Misawa Beach California the construction manager for storm Erika Guardian who represents the NSA West Coast division you have seen an application before for this property that that we had requested landscape buffer to unfortunately kind of got the cart before the horse on exactly what we were in the needs of the facility what you see here is the true need of what of what we are interested in building previously the zero lot line was basically for parking areas and what we were questioning for here is a zero lot line for building with the are covered RV parking on the interior the property for security reasons both for customers and for security reasons for the public we're trying not to create open areas that will be problematic I have kind of highlighted some some Google Earth maps of similar properties in the area there's there's quite a few probably at least half of the properties in this area are all on zero a lot line I think I can show those as ever happens here the I'm not sure from you can rotate it rotate it like this yeah one more time okay one more time clockwise perfect okay so the highlighted area and text out and blue is the existing property to be expanded all of the other areas highlighted in in the red or similar similar uses with zero lot lines two of them happen to be storage facilities and additionally going the other direction [Music] similar X is the existing property to be expanded and all of the other facilities are zero lot line applications it's obviously a very industrial zone there's not a lot of buffer between any of their properties I'm happy to ask you know answer any questions but that's kind of the background of what we're trying to do thank you thank you for your presentation this is known as a public hearing anyone from the public like to be heard on this item so you know and I will close the public hearing to the Commission for discussion Commissioner rogen I'd make a motion for approval subject any conditions there's a motion on the floor please cast your votes please post that motion carried unanimously thank you that motion carries director excuse me moving on to item number 20 Commissioner Rogan you read it Thanks I'd also make a motion to approve item 20 STR 7-7 7/6 I get that right seven seven seven seven six thank you the motion on the floor please cast your votes please post that motion also carried unanimously thank you this time director sorry no problem sir mr. chairman those items will move forward to City Council be heard as a part of their agenda on February 5th 2020 thank you very much item number 21 we abstained moving on to item number 22 wvr 777 for one applicant owner Silver Cloud Properties LLC for possible action on a request for a waiver the appendix F in Durham downtown Las Vegas development standards to allow utility equipment within the public right away at 12 12 and 12 14 South Main Street were three staff recommends denial I will notice that I am doing a project within the notification area doesn't affect me any greater lesser so I will be voting on the application tonight mr. chairman I'm doing a project within the notification area and there's no effect me and in greater or lesser thanks I'll be voting on bottom tonight thanks for the disclosure can we get the staff report please mr. chairman staff was not able to support utility placement and direct conflict with appendix F and drum downtown Las Vegas development standards and his recommending denial as of the request if approved staff has added conditions of approval to allow placement within the alley please note that there is an additional letter of support since publication thank you very much can you name an address for the record please robert curtis 'n 100 north city parkway suite 1700 on behalf of the applicant and the the owners the the problem that we're running into is improving existing buildings with fire sprinklers and putting the backflow preventers in appropriate place so what we found was approximately 20 years ago city of Las Vegas has mandate to Las Vegas Valley Water District to remove utility along the north-south running alleyways which would then locate those appurtenances along California and Colorado east-west running streets and so that would encumber the endcap owners in red and blue here to be burdened with locating any of the interior block property owners to have any proper sprinkler backflow preventers on the property so the end caps would have to encumber those interior block are pda's with that we have approached a landowner which has agreed previously for us to proceed with the improvements for our restaurant it's going to have about 141 on pants which are going to require fire sprinklers when we got to the point where we had with the planning went through building department permit review and approvals and through construction the owner decided that they wanted to not be encumbered with the bacliff preventer so what that did was now we're stuck not being able to improve our building with with fire sprinklers so myself City Las Vegas Public Works and Planning Commission has met with Las Vegas Valley Water District we put our heads together and have agreed that the best location would be in the alleyway with a very skinny profile our PDA which is back preventer along the Colorado streets and versus our original proposal which was California in this proposal we have worked with water district the water district that has agreed that the water pressure is sufficient coming from I'm sorry Colorado the location of the art PDA against in the alleyway with the thin profile woodwork since it has worked in other applications in the downtown area and the you know let's say that the water pressures are good and then the the profile works and so with that consensus we're proposing to move forward for this solution because it not only affects us it's going to affect many other people in our situation throughout not only the arts district but anybody in the the downtown area with an alleyway so with that said we're requesting that you allow us to put our our PDA in public way with a private line and this private line will provide sprinklers to other property owners that they can tap into us or tap into our line the last thing I want to mention is what water district and and Public Works has discussed was a solution not only for our design but also for other properties that are going to be facing the same problem is to put a master our PDA on each end of the alleyway with a connecting 8 inch line like the you know creates a loop between the east and west running streets which would increase the pressure and allow for other interior Lots to connect and improve their buildings so with that we're requesting approval thank you very much this was notice as a public hearing anyone from the public like to be heard in this same no and I will close the public hearing and before I go to Vice Chair what is the width that you have left over in the alleyway the alleyway is 20 feet wide the box that were providing is 12 inches off the wall the box itself is approximately four feet so the remaining would be about 15 feet there's gonna be some bollards the ballers are probably gonna take up another foot so let's say you're gonna have about 14 to 14 and a half feet of remaining space for the alleyway okay and and that and that's what I thought which was consistent with a previous application we saw and I know this area very well and it's very difficult even on a new ground-up project it's unfortunate how much square footage do we have to lose because of these kind of old design details that really don't address the urban areas so I will be in support of this application and just a note I think you had a spelling error on your first page for interior Thank You chairman I full disclosure I was had a meeting with mr. Bernsen in the water district and Mike Janssen from the public works and Fred Solis from city of Las Vegas Planning Department Tom Burkhart and we all got together trying to find a way to get the art pda's of the sidewalk and that's something that's been pretty important and something that I've been looking at for quite some time if you remember last month I had a project coming forward right across the street and it was similar to this and it's based on having the narrow style or PDA in the alley and when the good thing says more than one person can tie into that our PDA and so you don't have 15 of them if there's 15 people in the alley so I like it the question I have for you is in your backup I seen that you had our PDA on the sidewalk versus in the alley is that just an old exhibit that's correct before our and then thank you for mentioning that and thank you again for your participation in that meeting that is an old location and since we've had that meeting the consensus with the water district and city of Las Vegas was to put it in the alleyway so that's out of sight it's not garish and it accomplishes City Las Vegas planning goals but also allows for sprinklers to have for the interior blocks thank you and a question for Lucian I'd like to see this happen on more projects you know in the arts district we don't have this the same issue across the entire valley due to the fact that I guess there's more land and in better areas to put it but when when we encountered all these old buildings in downtown arts district Fremont Street we're running into this issue over and over I know personally I tried getting the water district to allow me to extend the water main to the back of my property you can't ride in case um the the water mains in in concrete and the water district said no so we can't use the argument that it's unsafe to have a water main in alley because this particular exhibit shows an RPD a with a water line going from the back of the RP RP da down to the building's so it's not a it's not a matter of is the water safe at that point and I can't find the justification of why we're not allowed to do this more often in why the water district won't allow it but I would like to see the city finally come together with the water district and the developers the first water district and in the city because the developers already come to the table as part of that meeting and see if we can finally solidify something I don't know if it's something that you could put on your list and bring back up here in the next 60 days and see if there give us a status update and keep us informed as the city is moving forward on this yeah three years of child I love to choose I'm updated you know you've been in some means that I have been in actually tonight was the first I heard that it could be used you know the same line can be used by other people so there's still more I need to learn on it and and as new updates are given to me and I can share them and you know sure the Commission in vice-chair will say it is expensive and so when someone's doing a small build-out you know this can be half their build-out absolutely doing a little $50,000 TI $100,000 TI now all of a sudden you have to have this and it's $80,000 to put this in and so which I know in the past has turned a lot of people out to coming into some of these spaces because it just throws their budget we had a whack and they just they can go somewhere else and it's significantly less and everyone knows how hard it is to be in business so it would be nice to everything you're saying that we could find a common ground there and mr. chairman another another important component to that is the timeframe if it takes applicant six to eight months to get a set of civil drawings approved just working through the water district and easements and everything else I mean that could definitely kill the business and building permits typically aren't issued until after a civil permit is issued so that can tack on another four months after after they have their civil plans so I mean construction I mean it just really extends everything I think one of the issues that the city also brought up was the fact after this meeting they didn't know how to do how to organize a reimbursement program because the first person who puts one puts us in such as Robertsons client everybody else would be able to tie into it and the city doesn't have a mechanism to allow other people to tie into and revert reimburse this developer for us we're willing to you know pay the expense and if somebody wanted to reimburse us in the future and tie into it we could worry about but we weren't even looking for a reimbursement but the city did work with us on that so just like to keep pushing that forward and see if we can overcome this hurdle because it's been horrible for 10-12 years so with all that being said I'd like to make a motion for approval on item number 22 there's a motion on the floor please castro's please post that motion carried unanimously and mr. chairman that item is final action this evening unless appealed to the City Clerk's office within 10 days thank you very much thank you moving on to item number 23 I have to abstain my company has a financial interest with the parent company the next entity yes item 23 scp-778 32 applicant owner t Brio 2 LLC for possible action on a special use permit for a proposed 8,000 square foot nightclub use with a 2063 square foot outdoor seating area at 517 Fremont Street Suites 110 and 150 Ward 3 staff recommends approval can we get the staffs report please mr. chairman the proposed nightclub uses within both the downtown entertainment overlay and the Fremont East district as a conditional use the SU P is required as a result of it not meeting the distance separation requirement with it being located within 1500 feet of a school staff has concluded that this proposal is in keeping with the intent of the downtown entertainment overlay and therefore recommends approval please note that there are additional letters of support since publication just applicant present seeing none I'll go ahead and open the public comment portion of this agenda anybody wanting to be heard please come down seeing none I'll close the public comment portion turn this over to the Planning Commission for discussion and possible action all right I'll go number 23 it's a especially use permit for a nightclub this is what we have up and down Fremont in this whole area if it's appropriate as staff has recommended approval so ready to make a motion and my motion would be for approval on item 23 scp-778 32 please cast your votes and that the motion passed thank you and mr. chairman through you I just want to point out for the clerk that the item that was on the screen was not the item that they just voted on on what was on the TV monitors so just for the record that was it showed item 19 I think so on item 23 that was final action this evening and less appeal to the City Clerk's office within 10 days thank you very much moving on to SDR 7 77056 applicant owner - one for South 11th Street LLC proposed action request for site development fire review for a proposed three-story 18 unit multi-family residential development waivers to allow a 0 foot side dort setback where 5 feet is required 12 parking spaces where 26 are required and a reduction landscape of requirements at 2 & 4 South 11th Street war3 staff recommends approval we had staff report please mr. chairman the proposed site development plan review for a multi-family residential use development includes waivers an exception request concerning setbacks landscaping and parking despite those requests staff has found that the proposal is compatible with the existing development in the surrounding area and the overall vision of the founders district which is meant to encourage corridor redevelopment that includes mixed-use residential creative office space and community oriented amenity spaces therefore staff recommends approval please note that there is an additional letter of support since publication thank you and I will disclose I am working on a project itself just outside the notification area won't affect us any later later greater or lesser well tongue-tied tonight excuse me can I get your name and address for the record please yes Kristen Goodell 241 west charleston good evening commissioners and staff thank you we are the architect for the project and representing the owners we have reviewed the conditions of approval and we agree with all of them and respectfully request your vote for approval for the project and we're happy to answer any questions that you might have thank you very much this is notice as a public hearing and 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 vice chairman yes mr. chairman I reviewed this application and I think it's a great applicator or a great project down in near the founders district I know mr. Cohan has built another community in that area built a community in that area and I think we need to see more residential around there so I'm kind of excited love to see a lot more of this hopefully you'll keep building them selling them and bringing us more there's no other comments written to make a motion please do yes on item 24 SDR seven seven seven five six I moved to approve subject to staff's conditions some motion on the floor please cast your votes please post and that motion carries thank you very much mr. chairman that item is final action this evening unless appealed to the City Clerk's office within 10 days thank you moving on to item number 25 STR seven seven seven eight three applicant artistic ironworks owner Karen and Bailey and Thomas Preto 2003 living trust for possible action request for a major amendment to approve site development plan review for an existing outdoor plaza with a waiver required from the landscape standards at 105 West Charleston Boulevard Ward 3 staff recommends denial can we at the staff report please mr. chairman the subject said is being reviewed as the result of an open code forcement case dating back to august 2018 the request is to develop the site's perimeter areas as it is currently existing and to waive the landscape buffer requirements both requests are in direct opposition to the vision in 2045 downtown Las Vegas master plan which calls for a greener downtown and the promotion of urban forestry therefore staff has recommended denial please know that there is an additional letter of support since publication as well as a supplemental she concerning code enforcement thank you can use your name and address for the record please Jackman Rondo 274 for Trotwood lean close to me what was your last name I'm sorry Rondo Rondo thank you I am representing artistic ironworks Thomas preto and Karen Bailey they are the owners the landscaping that we are we are asking that the landscaping requirements be waived and we are able to keep our our art out there okay anything else you'd like to add about the application no thank you this was noticed as a public hearing anyone from the public like to be heard on this item seeing no and I will close the public hearing and turn it over to the Commission for discussion charity yes yes chairman thank you very much on this item night I usually like our win scape in 1c landscape and I do see the landscaping on Commerce in the city put in big wide sidewalks when you look at the artistic iron historically they've always had this this iron work and artwork out there and it's actually pretty cool pretty unique and a lot of people know you'll because of the stuff that you have out there I don't personally have a problem with it and I think it's a little bit unique in the sense that it's on Charleston there's a big concrete berm right next to it so if you're a pedestrian walking down the street you're not actually going to be getting shade from any street trees or anything in that particular area so here's one example of where I think the art would be more of a benefit to our community than couple of trees invite sure I will say like for over a decade I've I'm coming home late and I come underneath the Charleston overpass and I come up and I start to see the dinosaur and Indians there and I get excited I know I'm home so there you go in that way for a long time so I will be supporting this application in the arts district as well thank you on item number 25 STR 77073 I moved to approve subject to staffs conditions based on testimony heard tonight here's a motion on the floor please cast your votes please post that motion carries mr. chairman that item is final action this evening and less appealed to the City Clerk's office within 10 days thank you director moving on to the directors business item number 27 txt seven seven nine eleven three applicant owner city of Las Vegas for posture request to amend el VMC title 1912 and 1918 related to beer wine cooler on and off sale establishment use and LV MC title 66.5 related to the answering winery license and fees and to provide for other related matters excuse me staff has no recommendation we get to staff report please mr. chairman this amendment will allow ancillary onerous to be licensed and operate when a period to be especially is permit for a beer wine cooler on and off stale establishment staff has no recommendation thank you thank you this was noticed as a public hearing anyone from the public like to be heard I'll need your name and address for the record please thank you my name is John Barry I own TCB Vegas LLC and I'm representing Pine Hollow winery these folks have successfully operated a craft winery in another state they've since decided and seen the wisdom of moving to Nevada what we discovered as soon as we got here was that the city doesn't have an ordinance that allows a craft winery even though we have one that allows the craft brewery and it's been very successful down in the downtown area I think we all agree and so we met with their councilmen councilmen career and he said this is a good idea and we met with the number of people in Planning Department and we came up with this text amendment in order to allow us in the city to have a craft winery what we would need is this text amendment to get approved so that they can actually start looking for a location because we need that in order to get moving forward I'm here to answer any questions this is barb David Julia the manager of Pine Hollow wiring if we have any questions to answer we appreciate your approval thank you very much Barbara did you want to add anything or I'll need your name for the record that's Barbara D Virgilio I own Pine Hollow winery we come here from Pennsylvania for the sole purpose to open our winery in the city of Las Vegas we make handcrafted wines primarily from fruit we do not have a vineyard we have no intents of putting a vineyard in the middle of the city we source our fruits from we will source them from the local farm market and some of the vineyards are in Reno that's where we intend to source some of our juices everything we make is handcrafted we have no large equipment everything is manual we don't think that we would have much impact on the community other than a place where they can come sit quietly sip our fine wines and enjoy a smoke free no gambling atmosphere where they can sit and network and talk about wine great okay thank you so you know what I also closed the public hearing turn it over to the Commission for discussion I mean I I see myself supporting this I know there's a lot of these breweries that have opened up in the arts district area and it's really taken off there's been one wine bar different than the the breweries and seems like it's the only wine bar in town actually in the Arts District there and it seems to be doing well but specific to this use in the text amendment I I see myself supporting this come ashore Tucson I agree I think this is great I don't drink beer I do drink wine and I think this would be great I'd love to go to this establishment so you will have my support here tonight - thank you thank you thank you vice chair do you wanna make a motion yes mr. chairman like to make a motion on item 27 txt seven seven nine one three moved to approve thank you as a motion on the floor please cast your vote please post that motion carries mr. chairman then I don't won't move forward to City Council in ordinance form anticipating sometime after the new year and before you run out and do a lease Barbara it goes a little more process to go through I understand okay thank you very much thank you thanks for coming out thank you okay moving on to citizens participation public comment during this portion of the agenda must be limited in the 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 it's got an infraction if you wish to be heard come to the podium give your name for the record the amount of discussion on any single subject as well as the amount of time any single speakers allowed may be limited vice-chair slobbin yes mr. chairman I just wanted to say give a shout out to our Vice Chair Savio for his 25th wedding anniversary TONIGHT yeah anyways congrats there and question for the planning department in regards to the form-based code I know that we have adopted everything in the medical district if we formally adopt it and has it been adopted by City Council the form based code for any of the portion of the form based code such as any portions of the downtown Centennial plan mr. chairman through you so yes so council has adopted both the regulations and the updated zoning for the pilot area of the medical district we're working on the rest of the medical district now under Councilman Knutson z-- leadership and then we the council has also adopted the Freemont East in its entirety you have one item tonight for the special use permit for the nightclub so both of those are both of those two districts are adopted we are actively working on the historic West Side district right now with the consultant and with the councilman careers office and we anticipate that that will come before you also sometime early in the new year and then as we complete that district the Arts District is next up for use of the form-based code and moving that through incrementally through the districts okay and a question regards that because I've heard this from several people from the Arts District and and well more so and on Fremont Street that you know in that downtown Centennial plan we always had the automatic application parking standards do not apply within downtown santa maria centennial district that didn't mean that we would just look past it I can recall here recently certain high-rises and other projects that I denied based on the park and however it didn't require someone to go and get request a variance and now I'm wondering are we creating have we created something where people are gonna have to start requesting these variances and is that harder to approve I'm sorry chairman we may be going a little far afield of why we're supposed to be so I I mean if we can put it on an agenda item and maybe we can have a status update but if I'm not making a motion on this if I just want can I just have that one one question then I'll answer it saying anything more Thank You mr. chairman through you so commissioner you will actually have a text amendment coming I believe it's in the second meeting in January that will actually address parking as it relates to the forum based code because we have had some challenges there however I would be clear that one of the things that was some people saw as a benefit of the Centennial plan but others particularly in the arts district of now seeing maybe wasn't such a benefit was the fact that there were no parking automatic application of the parking standards but yet there was no guidance on parking you will find that in the form based code that is different but it was never the intent to make that a require now a variance and so we're gonna be fixing that in a text amendment that will come before you like I said I believe it's the second meeting in January thank you very much director Sommerfeld didn't along the lines of forum based code I had asked for a briefing on that simply because I'm not familiar with it I'd like to become more familiar with it haven't received that and I'm sure Commissioner Chadda would love to attend that as well since we're both new to this and perhaps Commissioner Williams but certainly if that's upcoming in the early New Year I think that it's imperative that we for that mr. chairman through you so yes commissioner I apologize if we haven't tried made that work yet but yes we will definitely do that and since particularly the historic West Side is coming next Commissioner Williams would definitely be invited to that and with the update to the medical district so we will work to get a special briefing set aside for just the forum based code separate from your standard agenda briefings thank you okay and welcome back mr. Sommerfeld you've been gone for a while you came back with a strong suit looks nice and the meeting is adjourned thank you thanks