okay if I can get everybody please stand for the pledge this meeting has been properly noticed and posted in compliance with the Open Meeting Law the proceedings are being video recorded as well as presented live on kcl V cable channel 2 please note customers of CenturyLink and Cox communication can view the program in high definition on channel 1002 and in standard definition on channel 2 you can also watch the meeting live on Apple TV Roku and amazon firetv on the gopro app the Planning Commission meeting as well as other KC LV programming can be viewed on the internet at wwlp.com the web the Saturday of the meeting at 10:00 a.m. Monday at midnight and the following Tuesday at 6:00 p.m. can I have the roll call with officers please Gerardus all via president vice-chair schlattman present Commissioner cherry present Commissioner Tucson present Commissioner Williams Rosa commissioner rogen president Commissioner Chadda present thank you thank you at this time I call your attention to the information printed on your agenda concerning the actions and the appeals and reviews process if appropriate please read this carefully and if you have any questions staff is available also the second page of the agenda contains the rules of conduct we appreciate your hearing to these rules so we can have a smooth meeting item number 4 under public comment during this portion of the agenda must be limited to matters on the agenda for action if you wish to be heard come to the podium give your name for the record the amount of discussion as well as the amount of time any single speaker will be limited this is notice as a public comment anybody wish to be heard please come forward state your name for the record Thank You mayor pro-tem Councilwoman from Ward 6 Michele Fiori and I am just here to congratulate my planning Commissioner on being the chairperson for this fabulous planning and I just have to tell you guys I watch you and I think each and every one of you are fabulous and thank you for your service thank you Mayor Pro Tem this is a public hearing anybody wish to be heard during public comment please come forward state your name for the record all right seeing none I'll close that portion of mr. chair I would okay okay all right all comments made under this item for specific action items will be cross-referenced to those items are there any members of the public who wish to speak under this portion of the agenda we did that and then moving on to item number five for a possible action to approve the final minutes of the Planning Commission meeting on November 26 and December 10 2019 mr. chairman I'd make a motion to approve the panel meeting minutes from November 26 in December 10th to 2019 I have just one question for counsel I did not attend the December 10th however I did watch it in length on the on television so on is it okay to make a most chairman you are able to vote if you believe that you were able to affirm that the minutes are correct okay what that said you heard the motion please cast a vote Commissioner shadow would you like to vote verbally yes although yeah on that thank you that motion carries moving on to agenda item number six for possible action any items from the Planning Commission staff and/or the applicant wish to be stricken or held in abeyance to a future meeting may be brought forward upon this time yes mr. chair I would like to hold items 32 through 36 in advance to the January 28th meeting please okay I thought it was going to hold on I thought it was February it was going can we just make it clear for the record if that was the applicants request or the commissioners west this is commissioners request the applicants not here it was the applicants request to AB and correct okay thank you all right mr. chair so we'll make a correction to obey items 32 through 36 to the March 10th meeting okay thank you should we list that under housekeeping yes yes mr. chairman so that'll be a housekeeping item if we want to go to staff to get the rest and then if anyone from the audience or any other planning commissioners have additional housekeeping items we can add those okay this time we'll move on to the housekeeping items are there any items that the commissioners and staff applicants and members of the public wish to be pulled forward for action mr. chairman we have some housekeeping items the applicants wish to obey items 8 11 through 12 and 49 through 52 to the February 11th 2020 Planning Commission meeting this is the first advance request for these items the applicant wishes to withdraw without prejudice items 40 through 42 and the applicant wishes to obey Iowa's 47 and 48 to the March 10th 2020 Planning Commission meeting this is the first advance request for these items thank you thank you does anybody wish to speak on any of these items please come forward state your name for the record please Norman Chloe last name 4k llke 5400 - Sarah way 104 Las Vegas Nevada 8 9 108 I want to speak on 32 because we have we have all these to turn in were mailed to us a lot of people threw them away because they got four of them and they thought they all said the same thing because the church's name was on top so can I speak on this or not okay so at this time seeing the applicants not present you can only speak on if it should be obeyed or not but if you want you've seen it you came down here if you want to put your statement on the record that would be fine yes we have a community there's 105 condos in our community and just about everybody in there doesn't want anything across the street except houses we went through this about four or five years ago where small communities block down the street on Decatur is a bar or restaurant gas station car wash up the street to blocks it's the same thing over on we're on michael way and smoke ranch on lake mead there's plenty of businesses over there it's just weird you know this community is mostly all houses and churches so and we don't need the traffic we have enough problems with people speeding down the street it's 25 miles an hour and they go a lot faster but everybody in our community is just about retired up to 97 years old we don't need any more problems from the neighborhood outside the street our walls is pretty safe inside outside I guess you guys know what the neighborhoods like we haven't had much trouble in our neighborhood at all but I want to keep it that way so come down and let you know that they'd like to be able to walk their dogs in the morning and not have any problems so and traffic is already getting a little bad on the street and that's just gonna make it a lot worse so I appreciate if you have anything that you wanted to submit I've seen a stack of cards did you wanna I gave them okay okay I appreciate you coming out like I say a lot of people threw those away because when they read them they saw the same name the church name on top all for them they didn't really read all the fine print Sully okay well it's coming back on March 10th March 10 yeah I think you'll be Reno defied corrects you'll notify us again great thank you very much next place is mister mister chair there will not be another notification center okay okay please state your name for the record honey yes my name is Lydia Garrett I live in 1921 West McDonald Avenue I am the president of the North Valley Neighborhood Association on item I'm here to speak on item number eight this project is directly across the street from where we live no one in our community has been notified I didn't know about this until today I'm also would like to see the plans that the developer has to build a dollar store in our community we have four dollar stores currently the dollar stores that did come they did come to the Neighborhood Association and speak to the residents this person this developer has not been to the neighborhood and spoken to us we're also concerned about the type of businesses that it will be there we want businesses there but it needs to be a business that's going to give a living wage to people not more minimum-wage jobs also we're looking we've done a lot of improvement in that area of blight right across the street of Martin Luther King and carry and carry Arms Apartments our crime rate is down 38% our property values have tripled and we want to continue in that process we just feel that this dollar store may not be what the direction that our community wants to go in we're more interested and things that are going to improve our community and bring up the jobs in the area and the tax base in the area and also bring up the quality of life and the property values as well so I was never notified I know I live within 500 feet of this I've never been notified I would like to invite the developer to come to a meeting we have a meeting every second Saturday at a month at 10:00 a.m. at Mount the person behind me can tell you a church we're at this week but he's welcome to come and attend and speak to the residents and present his plan to the to the residents before it comes to Council for approval thank you thank you very much thank you very much next please please state your name for the record and set that timer so we can get through this at 1:00 dr. Rogers pastors teacher the great amount of Sun I'm mr. recruiting administration in Las Vegas Nevada so I'm the president of Minister alliance of Southern Nevada I've been a resident of Clark County 59 years for this to be brought to our community without notification without a notification located at 10:25 elzar Avenue where state we would like to have a meeting with the developer at 10:25 bells I have a new Las Vegas Nevada and relaxi the plans we don't know what's all going into this facility I know it very well as I say I've been in Vegas for 59 years I know the whole concept that nothing happens presented to the community no meeting that's what I am I know of that has been presented to the community other developer thank you okay thank you sir next please name for the record in what a Jenna I'm you're speaking on my name is Marie - mine campanella on item 32 I think through 36 I have signatures from our part of the we live in Curtis Park Manor so I have 95 signatures from all of the residents I don't know who I give that to and I'd like to turn in my cards also opposing it thank you very much thank you thank you anybody else wish to be heard please step forward tell me to agenda item in your name please my name is Andre Vitesse I live at 24 8 Lexington Street North Las Vegas Nevada I'm referring to item number 8 where they're talking about building a Family Dollar at corner of MLK and Kerry I feel that at this time that we don't need that particular store in our area there's four within a mile radius I feel that that property should be developed for something that can serve the community had a much better much better venue and I would like to sit down and have this discussion with the developer about other things that we might be able to put in that areas mr. chair thank you very much down here this is this this time is really kind of to make a determination as to whether or not you're gonna bei the item I know that this is coming back to you on February 11th that probably the better time for everyone to make their comments at the February 11th meeting rather than today so unless they can't come back so didn't even miss the columns yes do you would you like to hold your statement for when it comes back in February at that time Thank You mr. chairman okay at this time anybody else please state your name for the record is it on item 8 or 32 forged item 1414 I don't think we're not there yet okay hi my name is Mary Lee McCoy Lee its this is actually 30 and 31 those will be heard okay so I'm sorry I've never you're good this before I see we'll get to him but they are gonna be heard okay thank you thank you all right seeing none I entertain a motion for housekeeping mr. chairman vice chairman yes mr. chairman I'd like to make a motion on items 8 11 12 49 50 51 and 52 to hold these items in abeyance till the February 11th 2020 plan Commission here and I would like to hold or on items 40 41 and 42 to which all those without prejudice and I'm 47 48 and 32 30 36 I'd like to hold those until the March 10th 2020 Planning Commission hearing you all have heard the motion please cast your vote and that motion carries moving on to one motion one vote item number seven TMP seven seven nine zero three applicant Richmond American homes of Nevada Inc owner MF Len LLC for possible action on a request for a tenant of a map for a 145 lot single-family residential subdivision located at the west side of Grand Canyon Drive and north white west sky Canyon Park Ward six related items nine and ten mo item number nine mo d seven seven seven five one applicant over the Howard huge court for a possible action on a request for a major modification of the approved Summerlin village 22 development MDR seven three nine zero one to amend the Summerlin land use designation of various parcels within the village 22 at the southwest corner of Lake Mead Boulevard in Clark County County 215 wore to item number 10 TMP seven seven seven five two for possible action on a request for a tentative map for a thirty seven parcel master plan village with deviations of the Summerlin developments standards war two items number thirteen su p 77833 applicant owner leonard Christopher for possible action I request for a special use permit for an accessory structure class one casita you said six eight eight zero Genting Street Ward six on item number fourteen su p seven seven nine zero to applicant Janette Olmedo soda owner of Heidemann necess sparks living trust for a possible action or a request for a special use permit for a proposed 1130 square foot beer and wine cooler on sale establishment you said 1436 East Charleston Boulevard Ward three item number 15 SCP 779 one five applicant prestige tattoo and blade owner Summerlin Plaza partner LLC for possible action and request for a special use permit for a tattoo parlor slash body piercing studio use at 75 81 Westlake me Boulevard suite 104 Ward one item number 16 sgp 7 7 9 4 2 applicants hyper M Soto ona Jose and Ally Jarrah living trust for a possible action on a request for a special use permit for a proposed 1125 square foot beer and wine cooler on stale establishment use at 2201 South Maryland Parkway Ward 3 item number 17s dr7 789 applicant work wash work Express LLC on our Panda an ink for a possible action or request for a site development plan review for proposed four thousand three hundred and sixty-six square foot carwash full service with a waiver to allow the carwash Bay to face the right-of-way such where such is not allowed on a 1.24 acre at forty to one North Nellis Boulevard war three and related items eighteen and nineteen item number 18 VA c seven seven nine to zero apple canola the Howard Hughes Court for a possible action on a request for petition to vacate public right away generally located along carrots Hills Drive between red point Drive and Kendall corner Avenue War two and item number nineteen VA C seven seven nine two one for possible action and request for a petition to vacate public right away generally located along desert foothills drive between red point Drive and Kendall corner Avenue War two this is notice as a public hearing anybody wish to be heard on the one I one one a one item one motion one vote seeing none I'll close it vice chairman yes mr. chairman I'd like to make a motion on the one motion one vote motion for approval on item 7 9 10 13 through 19 did you want us did you want to speak on 14 yeah now would be the time mr. chair do you want his vote on the ones that are don't have any anyone speaking on them and then do number 14 separate yes he's gonna restate his motion so if mr. chairman on one motion one vote items I moved to approve item 7 9 10 13 15 16 17 18 and 19 okay you all heard the motion please cast your vote and that motion passes we'll move on mr. chairman sorry so this evening item 7 is final action and less appealed to the City Clerk's office within 7 days items 13 16 and 17 or final action this evening unless appealed to the City Clerk's office within 10 days items 9 10 15 18 and 19 will move forward to the City Council meeting February 19 2020 Thank You mr. Summerfield okay please state your name for the record Kim Bryan Bly en mi address is 1029 yucca avenue las vegas nevada eight nine one zero four basically at the the liquor store I just maybe we're trying to I got my grandkids they live down down the street from me and we're just trying to keep it they would just bring a lot more traffic to the area we already have three liquor stores in the area and it would just bring I just need to bring a lot more of different people I mean more I guess bums and you're just bring a lot much perfect that we don't need you know I'm just trying to keep it a family just totally out keep it a small family community okay thank you is the applicant for this agenda item present can you please come up state your name for the record my name is Rafa Valentin can you say that slowly and spell the last name for me yeah Rafa Valentin RAAF eighty Valentin Valentin like st. Valentine but without ninety yeah I have stored I understood and it's all Istanbul about one four five so he said listen Boulevard and there is one more story opening near me will be a beer and wine and you have also I will sell cigarette and tobacco so this one will affect my business because I'm stuck between two stores now 702 Mart and the new store okay this is anybody this is public hearing anybody from the public's to wish to be heard on this right I see none so I'll close it and I'll open it up to the Commission they should have slapped me yes mr. chairman in regards to this one it it's a beer one cooler on sell establishment so it served and staff can correct me if I'm wrong but this is gonna be served in conjunction with the mill it's not upsell upsell so they're not purchasing liquor or any of those sorts of things it's just beer wine cooler on sale correct no three chair yes I believe it is a an existing Mexican sushi restaurant and this will allow them to sell beer and wine with the meals it is not a liquor store nor any other type of store so thank you and seeing as how it is a beer wine cooler on sell and it'll be served in conjunction with the meal it's not a liquor store that's going to be selling to the general public for consumption op op site I'm fine with this and there's no other comments I'd like to make a motion scene Inc please yes on item 14sg p77 902 I moved to approve subject to staffs conditions you've all heard the motion please cast your vote and that motion carries mr. chairman an item is final action this evening unless appealed to the City Clerk's office within 10 days ok this portion of the agenda is public hearing items related items 20 through 22 item number 20 abeyance var 7 6 9 3 9 mr. chairman can I make a request to pull forward 58 and 59 the directors business if you don't fine do you have some city staff here okay thanks city let's come forward please state your name for the record and I'm gonna read in well just start with 50 okay I'm gonna read an item number 58 on the directors business its text seven seven nine three seven applica notice city of Las Vegas for possible action and a request to amend LVM C title 1909 and title 19 appendix F and to provide for other related matters the staff recommends approval staff report good evening chairman - Silvio an esteemed commissioners my name is Michael Holland the long-range planning section manager for city of Las Vegas and with me I have Lorenzo masti no go through this rather quickly but if we have any questions throughout the process because it is a substantial staff report but really just a few key tune ups with this review so real quickly the foreign base cut has been in place for approximately a year and with that that includes Freemont East update that was approved over summer this is a second text update this is what we do on the sixth month basis to kind of put in the fine refinements the feedback that we get from the development community the architects the developers everyone thus far with the code our projects we've had three minor site of a plan reviews primarily in the medical district but we have three upcoming projects in the medical district and three upcoming projects in the Freemont East district and with that we've had the benefit of working closely with the architects designers and developers to look at those proposed projects in a very early stage would meet the code and in that process we've had some substantial feedback with some of the I would say light refinements to development standards so that we're still meeting the spirit of the forum based code but then also making sure that we're not blocking feasible development with I'll hand off to Lorenzo who has been the planner that's been in touch during those those briefings in those meetings so we can go over in detail what the actual text amendments are I know that we're trying to say the refinements but I want everyone to understand that we're hearing from the public and fine-tuning the code so that it stays streamlined with what the expected development is thanks Mike again this is Lorenzo Moschino with the city of Las Vegas playing Department long range division good evening mr. chair and commissioners I want to start from where Mike left about projects that we have been able to preliminary review according to the new code title 1909 for base code because that's critical to the methodology that we applied when we came up with this fine-tuning and revisions of the code what do you see in the slide is matrix different projects that we have been able to evaluate and for each one of those we actually took a look at what did not quite fit in depending on different types of standards you can see their parking calculations or setbacks specifically parking setbacks off-site improvements and we try to grade each of these projects to see what things were working and what we're not working as well and that is what we started with now the reason why the amendment did the amendments is a little more than a few pages is because all these changes that we were looking at actually go across all the transit zones so all the zoning districts so each one of these changes affected ten of the zones and needed to be repeated over and over in the amendment because of the way we do text amendments I want to touch base on on four of the key areas that we are revising with this update number one we're revising the way we deal with floor to floor Heights or floor to ceiling heights in the code and also the ground floor finished level requirements for the developments and we did this based on industry standards and FEMA requirements and for flood that we think with this amendment are going to be better served the second type of amendments that we're doing is about flexibility in parking design so we are revising some of the setbacks to allow for smaller setbacks we're also including temporarily temporary parking lots just in the same fashion that we already have in the downtown area one in the using the appendix F if you're familiar with that process and then more flexibility about the required spaces for the developments the third type of member that we're having is a reintroduction of a threshold matrix that you might remember from the downtown Centennial plan that is still valid in the area one of the downtown Las Vegas overlay but it was missing from the title 1909 form-based code and we are reintroducing that for form based code in order to allow for better coordination for off-site improvements and relocation of utilities and the fourth and final type of amendment that we're doing is a routine update of the maps of the area's they just to reflect the recent rezoning for the free monies district and also some fixes of clerical errors and grammar and misspellings that we found what we're revising the code without being said I want to give a brief update of the expected timeline for the future of the forum based code title 1909 and and for future revisions in March 2020 these amendments are going to be presented to City Council for possible adoption and then between February and June the long-range team is going to focus on expanding the FPC initiative to focus on the historic West Side district and the next update is going to come for review when scheduled for around May and June 2020 with that being said I would like to open it up for questions from you or the public and thank you Thank You Enzo Mike this is notice as a public hearing anybody from the public wish to be heard on this agenda item seeing none up close the public hearing and open it up to the Commission Commissioner slop man yes I'm mr. chairman I I know you'll guys put a ton of effort into this I remember meeting with yoga is Beckett the historic street school many of years ago with the team up about ten people and it grew and went to the APA with yellow state level and helped you give a presentation and so this has been a work in progress and I'm glad we were able to bring bring the plan forward and sometimes we got to bring the plans for it and and try them out and not be scared to try them out and then when we see things that need to be adapted we just need to keep a record of that and it sounds like that's what planned staff has done so and that's all we could ask for from the development community is to have planners that to understand that so thank you for everything that you all have done and let's keep pushing these plans forward and making making the amendments because y'all made a lot of amendments here that it was necessary so thank you Thank You Commissioner Stockman Commissioner Jarry through the chair yeah I was lucky enough to sit with these gentlemen and go through like a pre pre-op meeting and and really work through and see some of the problems but I can see how the forum based code is really gonna help these districts and kind of streamline projects and make sure that projects are consistent with the neighborhood you know where before we're going through public hearing and you can propose the 780 foot high rise which really might not be consistent with the neighborhood and so I appreciate the guys kind of sitting down listening to the development community listening to the neighbors and and and making the changes and I'm sure there's gonna be more changes in the future as more projects come online and as we move into the other districts with the Arts District and because its founders one of the forum basecoat founders is one of them I think this thing will be perfected to where it'll be really streamlined and we'll start to see more projects kind of in motion so this is something I'll definitely be supporting tonight yeah item number 58 txt seven seven nine thirty seven and like to make a motion for approval you've heard the motion please cast your vote and that motion carries and mr. chairman that I don't we'll move forward to the City Council and ordinance form Thank You mr. Sommerfeld moving on to a directors business item number 59 text seven eight zero eight one applica notice city of Las Vegas for possible action on a request to amend the minimum special use permit requirements for a beer and wine cooler off sale establishment and a beer and wine cooler on standoff sales establishment use in L at VMC title nineteen point one two permissible use and to provide for other related matters staff has no recommendation staff report please mr. chairman the proposed amendment would allow a waiver of the required distance separation from protected uses for retail establishments having at least 15,000 square feet of building area under specific circumstances for the beer wine cooler off cell establishment and the beer wine cooler on and off sale establishment uses where title 19 currently requires at least 20,000 feet square feet of building area staff has no recommendation thank you thank you this is notice there's a public hearing and anybody from the public wish to be heard on this item seeing none I'll close the public hearing and turn it over to Commission Commissioner Slaton we're ready for a motion please miss chair on item 59 txt seven eight zero eight one moved to approve subject to staff's conditions you've heard the motion please cast your vote and that motion carries talk about efficiency okay the public hearing items item number 20 through 22 related item number 20 abeyance VAR 7-6 939 topic and Olin land Capital Partners LLC for a possible action on a request for variance to allow 23 parking spaces with 29 parking spaces are required at the southwest corner of Charleston Boulevard and hillside place Ward 3 item number 21 abeyance of a var 7 6 9 4 0 4 possible action or request for a variance to allow a 90-foot residential adjacency setback for the South property property line where 138 feet is required or 3 staff recommends denial and item number 22 abeyance STR 7 6 9 4 1 for a possible action or request for his site development plan review for a proposed 5031 square foot commercial shell building with waivers of the perimeter landscape buffer standards war3 staff recommends denial and can I please have the staff report mr. chairman the proposed development is in close proximity to the founders district and supports the goals of the founders district and the vision 2045 downtown Las Vegas master plan but because it is not part of the district at is subject to the development standards set forth by title 1908 the applicant has proposed to over develop the subject site as evidenced by the requested variances and waivers therefore staff recommends denial the site development plan review and all associated applications thank you thank you please state your name for the record last name Bryan Nagel NH eoé green Tindall architecture group 3 0 4 7 East Warm Springs Las Vegas 8 9 1 2 0 first I'd like to thank everybody for allowing our previous extension that gave us enough time to meet up with staff and address their concerns to which we added additional trees and landscaping around the outside which also it curved them towards the other ones as well as far as the residential setback we're actually farther away from adjacent structures and we're not as large either in square footage we the third variants of the parking space requirements we were intending to be a very light medical office facility and we don't it's all appointment based so I don't see a huge need for it at that location and we we're not really dropping it as much as it seems it's only six parking spots for the area as far as meeting with staff I believe we have accomplished what we went there to do and they seem pretty happy with what it what we did and I'd like to open up with any questions or anything you guys might have thank you this is notice as a public hearing anybody from the public wish to be heard on this item seeing that up close the public hearing turned over to Commission Commissioner Saltman yes mr. chairman through you I I remember seeing this a long time ago and kept hitting our agenda over and over and over and kept reading it and I think I think you made the changes and there if you actually look at the site plan you you have plenty of trees along the east seven-year property along Charleston it's gonna be one the one of the most beautiful properties up and down that little stretch of Charleston and you know with the new Nevada legal aid building and this building and a few others that we approved in this neighborhood I think this I think it fits I think we need it and I hope you can encourage your clients to build it quicker so with that being said I'm ready to make a motion see no one else please do yes mr. chairman item 20 var 76 939 moved to approve subject to staff's conditions you've heard the motion please cast your vote gets again and that motion carries it's not showing okay I thank everybody on item 21 var seven six nine four zero moved to proof subject to staff's conditions for a demotion please cast your vote and a motion carries and mr. chairman on item 22 STR seven six nine four one moved to approve subject to staff's conditions mr. chairman those items will move forward to City Council and be heard as a part of their agenda on February 19 2020 thank you related items number 23 through 28 a man's gon seven seven seven five eight applicant KB Homes only United States of America for possible action and request for a rezoning from undeveloped to town center general plan designation to TC town center at the southwest corner Grand Teton and TP lane Ward shifts the six staff recommends approval number 24 Bay inside mmod seven seven seven five nine four possible action or request for a major modification of the town center land-use plan to amend the special land use designation from P FTC public facilities town center to M LTC medium low density residential town center Ward city staff recommends approval item number 25 abeyance SCP 776 one for possible action on a request for a special use permit for a proposed gated community with private streets with a waiver to allow one gate entrance where two entrances are required Ward six staff recommends the denial under item number 26 abeyance BAC seven seven seven six three four a possible action on a request for a petition to vacate city of Las Vegas right away sewer drain its construction and trail easement on the southwest corner of Grand Teton and TP Landlord six staff recommends approval I don't know over 27 advance STR seven seven seven six two for the possible action on a request for a site development plan review for proposed seven the three Lots single-family residential development with a waiver of the town center streetscape wall - single-family residential development standards Ward six staff recommends denial I don't know banns TMP 77076 for for possible action on a request for a tentative map for a proposed 73 lot single-family residential subdivision with a waiver to allow private sub streets that exceed one per 660 feet Ward six staff recommends denial and may have staff report please mr. chairman staff supports the proposed rezoning and made a major modification as they conform to the existing Town Center general plan designation and would be harmonious and compatible with existing development in the area staff has no objection to the vacation request however did the requested waivers staff has determined that the proposed development is not compatible with surrounding development staff therefore recommends approval of the rezoning major modification and vacation request but denial is especially use permit slightly above and plan review and tentative map please note updated plans Maps justification letter and staff report can be found in your supplemental information package revised plans submitted On January 13th 2022 pic the following changes overall lots were reduced from 73 loss to 72 Lots the proposed tentative map has been rewired with proposed dub streets to terminate on the eastern perimeter of the subject site instead of the western perimeter to provide drainage and access to the 10-foot drainage easement to the east of this parcel the 10-foot area is proposed to be used as a trail connection eliminating an unusable dead space between developments as previously proposed open space has been reduced from twelve point four percent to eleven point nine percent and a revised perimeter wall details provided for the eastern perimeter of the site which depicts a six-foot retaining wall with six-foot CMU CMU block wall adjacent to the 10-foot drainage easement the drainage easement includes a 4-foot sidewalk for pedestrian access all Snowden also doubt that there are additional letters of protest and support since publication thank you thank you please state your name for the record good evening mark bangin with KB home I would just like to stay to the for the record that we appreciate working with plan Commissioner Mayor Pro Tem with staff on this project I think it's a great project I think the the all the insight that we've received from the city has been very beneficial for this site I think it takes care of all the issues that were raised in the beginning so I'm just here to answer any questions that you have and we we agree with staffs conditions thank you this is notice as a public hearing anybody from the public wish to be heard on these items seeing none I'll close the public hearing and open it up to the Commission and any other Commissioner have okay well then I'll take the lead on this one seeing it's my area yes we work diligently with Marc Mayor Pro tems office and myself to make sure that the dead space that they're referring to the 10-foot easement didn't come to turn into a camp of some sort so we made it a point we flipped the the drawings to make it more harmoniously compatible for the community to where won't have anybody hidden behind any walls or anything like that so making the changes and and stepping up and listening to us and obeying it and then bringing it back is greatly appreciated and we like to keep the community happy we don't like to have alleyways but if there's any other concerns or questions if not I'd like to make a motion to approve item number 23 zero one seven seven seven five eight you've heard a motion please cast your vote and that motion carries motion to approve item number 24 MOV seven 77059 and that motion carries motion to approve item number 25 abeyance scp-777 61 and that motion carries item number 26 abeyance of EAC 77076 - a motion to approve mission williams and that motion carries item number 27 bans SDR 77076 - motion to approve and that motion carries and finally a Baynes item number 28 TMP 77076 for a motion to approve Commissioner Williams and that motion carries thank you thank you thank you have a good evening and congratulations mr. salvo on your appointment thank you thank you mr. chairman those items will move forward to City Council and be heard as a part of their agenda On February 19 20 21 item number 29 bans var 777 66 applicant owner Richmond foster for possible action on a request for a variance to allow an existing seven-foot tall solid block wall in front in the front yard where five feet with two feet solid is allowed at 1916 West Oakley Road Ward one staff recommends denial staff report please mr. chairman this application is a result of code enforcement the building permit was finalized in May 2018 for a block wall however the applicant continued to build the wall beyond what was permitted a code enforcement case was open in july 2019 for the front wall being built taller than allowed by title 19 and without permits the applicant has provided no evidence of a unique or extraordinary circumstance to support the requested variance staff therefore recommends denial the request please note that there is an additional letter of protest since publication thank you thank you please state your name for the record certain spell your last name Richard Anthony foster last name is fos ter 1916 West og Boulevard 89 102 thank you go ahead please yeah I was little curious to hear you report those saying that we had sought a permit for it this was an existing originally exist existing wall that was very low and we had a lot of trouble with break-in within the first two weeks we moved into the home and wanted to shore up the front of the building and it's front of the property and make it more safe and so we've contracted with someone to do that for us and at that time I was in the midst of selling the home in California and shutting him down and closing selling the business there so the person I contracted with here was supposed to take care of whatever needed to be done to satisfy the city and build the wall which apparently he did not do and I didn't learn about that until last year and putting up the wall to be a higher higher height did cut down on some of the problems that we were having but we still had kind of an endless stream of people coming onto our property okie is pretty well travelled by vagrants and drug addicts and our next-door neighbor had a break-in right after that as well and police had to come and remove a knife-wielding addict from their home so we started a remodeling project for which we did go to the city to get permits and contractors said you know it's a constant people on your property you know you can add two courses to your wall without having any city involvement and if you'd like we would do that for you and I said okay sure that sounds great because we wanted to also on an aesthetic front bring the wall up to the same height as the wall on our west and east side neighbors because both of their walls were higher than our wall so he did that and the missed admits to doing that the someone complained and Zoning Force or code enforcement person came and let us know that you know that's not true you can't look to course is on and so they said you know you could run down and try to get a permit and have someone come out after now that it's been done and inspect and see the wall and decide whether to approve it or not and so when I did that that's when the city said well no permit for the previous increase in height that occurred in the wall which that's first time I have learned about that because as I say it contracted with someone to do all that so that's when the city said well then the whole wall is a problem because you know it's height is greater than the five feet that is supposed to be so well anyway that's kind of how things unfolded and but one of the you know so one of the things that we want to do was increase the security and the safety of our property and the other was on the aesthetic front because that area of Scott JD's some homes which abut Oakley oaky our back yard lines and some our side law side yard lines and some our front yard lines and they all have different requirements and code regulations to them so there's Ben's kind of a hodgepodge look to the walls in that section of oaky so we thought they were kind of getting two birds with one stone by increasing the safety and the security of our property and now that whole stretch is everyone's on a similar level in the height of the wall so that's what we were looking to achieve there okay thank you this is notice as a public hearing anybody from the hearing wish to be heard on this agenda item seeing then I'll turn it over to Commissioner Knutson Thank You mr. chair I did meet with the applicant regarding this and he's absolutely correct I Drive down that stretch of okie on a daily basis and over the years the city has vacated some of the streets that used to run north and south through the Scotch 80s which has allowed some of the property owners to turn what was a front yard home facing okie into the back yard and so suddenly they have eight foot high or seven foot high walls next to a front yard that has two foot high walls next to a side yard that has five foot high walls and it looked terrible unfortunately over the past few years several of those property owners have taken it upon themselves to increase the wall height without obtaining variances and thanks to this applicant I don't think you're gonna be the most popular guy on the street because now there's four code enforcement violations that are going out this week and that's why I accidentally said I live on Oakley so they wouldn't know so there's there's more property owners that are gonna be receiving similar citations in next week or so and most likely they'll be coming before us in the next few months that being said this body and the City Council actually did approve a seven foot high wall just three homes down from this gentleman last year and 2018 given the the same reasons that were presented there were that the various wall Heights made the entire street look disreputable I think that given that we've already done that for that home I don't think there's any reason we shouldn't do it for mr. Foster so unless there's other comment my motion today would be in support of this variance thank you sir Commissioner Slaton yes so mr. chairman I agree with Commissioner Brogan the only thing that I would ask is on condition number two all necessary building permits shall be obtained and final inspections shall be in completed and compliance with title 19 and all codes that's required by the Department of Buildings safety I'd like to put a comma within X number of days to that point I have already gone through with the building people to address what deficiencies ur might be with the wall and I've already have a plan drawn up from an architect and a planner to you know to address those issues and okay I think you could probably get this finished in 60 days but I would I would lean on 90 days just in case of the building's safety department requires to do any kind of GPR and are checking the the still within that wall which is some takes special equipment we had that okay mr. chairman if I might so when we add these types of conditions or qualifiers on conditions we would just ask that you specify from issuance of permit because the permitting review process can take a little while he'll lose ten days already because of the appeals period on this application tonight so I would just ask if you want to set a time limit that you do it as X days from issuance of permit okay and I like that however what if he just never turns in his plans so he'll never get issued that permit so as the applicants already indicated he has a permit currently in process that's been denied by planning pending the result of a variance I think he does have some updated plans he'll need to do so this applicant is actually doing the due diligence of moving this through so I don't necessarily have that concern however with this variance if he does not act then code enforcement will be out to say okay you've got your variance you need to have your permits if you don't have your permits in then we are gonna need to continue the code enforcement action because the variance in and of itself does not grant the permission you have to then activate that variance by getting the actual permits Thank You mr. chairman I I would I would then suggest that then it would be 60 days from the issue and some permit but I'll leave that up to Commissioner rogen Thank You Commissioner rogen Thank You mr. chairman Thank You Vice Chair slab and I'd make a motion then to approve var seven seven seven six six subjects to staffs subject to staffs condition with the amendment proposed by Commissioner schlattman on item two or condition two rather you've heard a motion please cast your vote and a motion carries thank you for timing and mr. vice chair I can't just I want to make sure that for the record we had that clear so that was a 60 days from issuance of building permit correct okay and that item is final action this evening must appeal to the City Clerk's office within 10 days so what in ten days provided no one has appealed this matter you can move forward with your building permit application thank you moving on to related items number 30 and 31 item number 30 GPA seven seven four seven five applicant owner each Granberry the five six four possible act for possible action on a request for a general plan remember from medium density residential to medium low density at nineteen seventy five semi street ward five staff recommends denial item number thirty one zero one seven seven four seven six for a possible action on a request for a rezoning from our three medium density residential to our CL single family compact lot ward five staff recommends the now staff report please mr. chairman amending the general plan designation and rezoning the subject site would allow the site to be remapped into two separate parcels each containing a single family residence this would allow each residence to be sold thus supporting increased home ownership within West Las Vegas a goal of the West Las Vegas plan however the requested general plan amendment and rezoning would create a situation commonly known as spot zoning with one single-family residential lot surrounded primarily by multifamily zone zoning staff therefore recommends denial of both applications please note that there are additional letters of protest since publication thank you thank you please state your name for the record William schlaf 97 2008 lang las vegas nevada with signature real estate group here representing and helping raleigh Granberry with his goal to do this subdivision on on this lot chairperson til Savio and and staff thank you so much for getting us this far in the process and and hearing us tonight were most certainly trying to help the neighborhood and home values and also create more entry level type properties in the area for first-time homebuyers to come in and be able to to get a property in that area and I do understand staffs issue with with the spot zoning and I'd like to just you know briefly address that I don't think so we do have some RCL some other RCL very very close to the property and we felt we felt that by going SFR here as opposed to a duplex that it would improve the neighborhood overall presence again gives somebody a more of an entry level type property to come into and improve that that corridor along simmons we do understand that there's multi-unit directly across the street and just behind us to the southwest but there is also a lot of our CL in the area already currently with that type of very very similar density and it does give you know the opportunity for for raleigh to you know do better with his investment there helped the neighborhood the two Lots to the north of it have not been developed yet that would also give incentive for builders to come in and do two for single-family residential as if they were able to come in front of the board and go through the proper process to do so and maybe get those other two Lots built out which are currently sitting vacant and it is a down zoning so it's not like where we're trying to reach for this guy he he just really is trying to get a simple logical thing done here and I wanted to support him through the process without him having to go yeah with Kemper and Crowell and spend you know so much money to try to get this home we do understand staffs concerns but we do feel that there's enough RCL in the area to support this move and we do feel that it will of opportunity to at least a couple entry-level first-time homebuyers to come into the area and be able to to get something and be able to start a family and have a great spot it's an amazing location with regards to being central in Ave in in the valley and be able to get to the strip corridor and in and help the city we do have you do have a another plot map but it was already illustrated on that first screen so I don't want to waste your time with that I just want to thank you for your time and hearing us and and appreciate any input that the staff gave us and know that we are we're just trying to do a good thing help a guy and also help a neighborhood Thank You friends no I definitely think he said everything regards as we could call the overall goal of the West Las Vegas plan is to improve the opportunity for people to have homeownership as well as increase the value of the area we're only doing this for the small section right here and we hope I hope to actually be able to purchase the land next to it and do the same thing moving forward which again extends to the neighborhood given the opportunity I want to reinvest in the community and I appreciate time thank you everybody thank you this is notice there's a public hearing anybody from the public wish to be heard on these items please come forward and state your name for the record and spell your last name my name is William O'Neal mccurdy live at 11:17 Hart Avenue Las Vegas Nevada I'm going to support this project because of fact in West Las Vegas we need a lot of single-family housing we need more rooftops in our community to become a economical surviving community without rooftops were not going to be to do many businesses in our community as you know I have been a resident of the city of Las Vegas since 1952 I serve on a lot of boards in Habitat for Humanity of Las Vegas and I'm also your Park commissioner and I'm very very instrumental and trying to revitalize West Las Vegas I have to take my hat off to a plot this young man for wanted to invest because I have been trying to encourage people to invest in our community and please don't deny us the opportunity to revitalize West Las Vegas in historical slash Vegas Thank You mr. mccurdy anybody else wish to be here please state your name for the record and spell your last name it's Marilyn McAuley its Ville MCC orl ey I live directly across the street from his property at 1950 North Simmons in Siena townhomes and I am in full support of that me and a lot of families that live here we're looking for opportunities you know as coming as first-time homebuyers so just like this gentleman said I had an opportunity to speak to him just a few minutes ago I've been texting my friends and neighbors that live in the community who just did not have an opportunity to come out here and speak and from the sounds of it it sounds like just an amazing opportunity we want this I I would support this definitely thank you very much anybody else wish to be heard see you none I'll close public comment applicants can please come back up if you have any further comments before I turn it over the Commission just one quick comment another thing I forgot to mention is when Raleigh first approached me about this this site actually sets up so perfectly for what we're trying to do the duplex I don't know if you guys saw the it's actually separated meets all the setbacks for the zoning category and we greatly appreciate your help thank you at this time I'll turn it over Commissioner Jarry through the chair I'll just quickly say that you know in areas that are redevelopment or revitalization that we're gonna have issues like this where the zoning might not be consistent but the positives far outweigh that issue and concern so I will be supporting this application tonight Thank You Commissioner cherry anybody else Commissioner Williams is Thank You mr. mr. chairs in reference to this particular item I would like to just share that typically while we don't support you know spot zoning when you look at this type of project again we've heard historic Westside plan and how it encourages homeownership as well as being an alignment with the home investment partnership program on I 2 I'm going to support this project so unless we have comments from other commissioners I'd like to make a motion please do I'd like to make a motion item GPA 7 7 4 7 5 motion to approve Namie AVO mm motion carries thank you also item zero and seven seven four seven six I'd like to make a motion to approve you've heard the motion please cast your vote and a motion carries mr. chairman those items will move forward to City Council and be heard as a part of their agenda on February 19 2020 thank you so much good luck related items number 37 to 39 item number 37 GPA seven seven nine one seven applicant own is Moses Carpio for a possible action on a request for a general plan amendment from office to general commercial on at 12:08 South Eastern Avenue Ward 3 staff recommends denial item number 38 zero one seven seven nine one nine four possible action or request for rezoning from professional office and parking to limited commercial c1 ward three staff recommends denial in item number 39 var seven eight one one three four the possible action on a request for a variance to allow sixty four foot and lot with where 100 foot is required and a three foot side yard setback and a five foot corner side setback where ten feet is required for three staff recommends and now may have the staff report please mr. chairman staff finds the proposed commercial general plan amendment and rezoning to be incompatible and that is almost entirely single-family residence and offices staff the staff therefore recommends denial of all applications please note that their additional letters of support since publication thank you thank you please state your name for the record hi Bradley Mayer 60-37 South Florida patchy Road Suite 130 representing the applicant I have mo Carpio with me today up here who is the business owner and the property owner we brought this application forth because mr. Carpio operates a HVAC repair business and as part of that business you know he had purchased his property and is looking to the the the the general gist is that sometimes he will have cars parked overnight on property because during the new employees for both probationary period they have you know 90 days until they can take their truck home with them and so there are going to be certain times where there's cars parked overnight and the current PR zoning doesn't allow for any that whatsoever you know as you as you can see from here this is the subject site you know everything is generally PR zoning around you know these are all you know r1 zoning mr. Carpio has spoken with the neighbors around there and they have generally been very supportive of this project of something going in because this building was vacant for how long six years this building was vacant for quite a long period of time you know this has been a very challenging corridor for the city I know you know to kind of attract things in there and so of course he is now purchased a building he's cleaning it up you know adding fencing you know cameras and things of that nature and so the residents nearby they're very you know appreciative of that and so this is a picture right here of the of the type of trucks you know there could be periods of time where there's two trucks there there could be periods of time where there's none there and so you know we approached the city with our problem and you know kind of kicked around a couple different ideas on how maybe to address this and you know we would kind of came up with the idea of potentially rezoning this and I know that there's some thought that maybe you know and I can get staff can kind of speak to this but there's some thought that you know the PR zoning you know could be going away one day eventually that this corridor might look somewhat different and so you know that this you know it could be something that's potentially catalyst to that but again in terms of the use that will be in the site will be for the HVAC repair business and I don't know if you want to talk about the neighbors that you had spoke with what they had to say about the project in the state your name and address for the record says unless tenkara POC a or Pio and yeah me and my daughter went around the houses to single-family speak to the people where they thought about it one of the biggest issue was that you know people are still tagging and writing because it's vacant the second issue is that people who trespass a couple weeks ago metros really good moving the people out of the way in that's a continuing problem since has been making for a long time so a lot of people know that they're nobody's gonna go and check it so we haven't even told this said no everybody some favors so you know determine I hope you grant is this thank you and I think well you know here to answer questions that you might have I'm sure there's a few okay this is notice as a public hearing anybody from the public wish to be heard on these agenda items seeing none up close the public hearing and hand it over to Commission Commissioner slaughter yes mr. chairman through you you know I've thought about this project quite a bit and I spoke to Bradley mayor about this that one of the issues is all the professional office uses up and down that little corridor on Eastern it's had some like trouble in history for longer than I've been up here on the Planning Commission with a signed spam and with the you know illegal you know legal signs going up all sorts of stuff flashing lights and that doesn't meet our code I know that doesn't really pertain to what you're doing here but we would be introducing a new element if we go to see one and one of the things that I'm concerned with is if we go to see one zone and there's a lot of other uses that could happen conditionally as a see one that's not allowed as a professional office I do see something happen on that corridor I do support something happen on that corridor and you know a study and and staff and all of us getting together and figuring out what we want to do on that portion of eastern and but I think there needs to be some kind of development guidelines before we start putting work trucks and other things into that neighborhood I think that is a little bit of a self-imposed hardship because if you didn't have the work trucks then you wouldn't need the c1 zone and you could perform your business there just as a dispatch and but it's when you go through that probationary period with the new employees for the first 90 days whatever that is they have to park their trucks there and that that's where the the rub lies the there's other properties up and down this corridor that's come before us and in the past and historically I've always been against converting them to c1 the the neighborhood directly behind you as residential and I just don't feel that you'll be able to get that buffer with the block wall the trees everything else with with what you're doing maybe with what you're doing but you can turn around and sell that property tomorrow or somebody else can come in tomorrow and do something so encourage you to keep pushing forward work for work with staff want to hold this in advance because I don't want to slow you down but work with your consultant he's a he's a smart guy work with some planned staff work with the council person this has to go to City Council because this is GPA and see what you can come up with if there was a special use permit where it restricted it to certain things I could get behind it we can't put all those conditions on a on a rezone so for those reasons I couldn't support it not that I'm not in support of your business because I am I just can't support this and due to those reasons yes mr. chairman on item 37 GPA seven seven nine one seven I moved to deny you heard the motion yes vote is for denial and that motion carries thank you thank you mr. chairman on item three 38 zom seven seven nine one nine I would move for denial you heard the motion yes vote is for denial and that motion passes and Thank You mr. chairman on item 39 var seven eight one one three move to Paulo staffs recommendation for de now you've heard the motion a yes vote is for denial and that motion carries and mr. chairman those items will move forward to City Council and be heard as a part of their agenda On February 19 2020 thanks so much okay related items number 43 to 46 item number 43 var seven seven nine zero seven applicant owner SK USA LLC for possible action on a request for a variance to allow a ten-foot yard setback where 20-foot is required and a 4-foot corner side yard setback where five feet is required on the north side of Bonanza Road and East Decatur Boulevard Ward 5 staff recommends denial item number 44 var seven seven nine zero eight for the possible action or a request for a variance to allow 25 foot wide private streets where 47 foot is the minimum allowed to allow 47 foot wide access control gates where 50 foot is required to allow sidewalks on the south where excuse me on the on the one side where sidewalks on both sides are required and to allow a connectivity ratio of 1.25 where 1.30 is required Ward 5 staff recommends denial item number 45 SD are seven seven nine zero nine for the possible action and request for a site development plan review for a proposed nine unit duplex and single-family residential development Ward five staff recommends denial and item number 46 TMP seven seven nine one zero for the possible action a request for a tentative math for a 1 lakh condominium subdivision Ward 5 staff recommends so now can we have the staff report please mr. chairman although the subject site is a flag shaped lot staff finds that the subject site provides an adequate which would allow compliance with title 19 development standards as the proposed development is inconsistent with title 19 development standards pertaining to building setbacks and complete street development standards staff recommends denial of the two variances site development plan review and associated tentative map request please note that additional letters of protests have been submitted since publication thank you thank you please state your name for the record and spell your last name thank you John Hamilton representing the applicant three nine four five Pebble Creek Avenue Las Vegas Nevada eight nine one four seven this project has a long history and I just visit us Planning Commission on a former site plan that was denied and this was the former site plan and this site plan until nine buildings eighteen units and it had 20 foot setbacks in the front the rear yard so on and so forth it received a lot of pushback from the community and since that time we have worked with the with the neighbors as well as councilmen career and we have met personally with Councilman clear a few times and we do have his support tentatively for for our new site layout which removes the 18 dwelling units and prior prior I just want to make point that in our prior seminal to this commission we were proposing three-story units where our two were only allowed we had done that because we felt that keeping restriction to the 35 foot height that we would have been okay again even that even the two-story and three-story received a lot of pushback so even then when we visited a two-story complying with the code they've received pushback and and we have finally just got down to a single story is what we're doing and not only have we reduced it down to single story but we have really worked closely with our neighbors because we own this land they are our neighbors and and we want to be good neighbors here so what we've done is that we've now gone down from 18 units down and I and not only have we done that but we have centered the the buildings to the property instead of around the perimeter doing so keeps distance more distance than before from the adjacent neighbors and we did have a neighborhood meeting we've had a number of neighborhood meetings on this project which is evidenced by this is just only three sign-in sheets that I've been able to to locate but we've had more than just these three and there's been a lot of response teaming since June 2019 and in our last one even that we had as recent as December 5 we only had two attendees from the from the neighborhood but we did incorporate all of the concerns that we believe it that that the community did express as well as councilmen career and we look to have your support of this project thank you thank you it's just notice there's a public hearing anybody wish to be heard please come forward state your name for the record and spell your last name please I'll get put one minute on the clock mr. chairman Commission and we appreciate the state name please sir and spell your last name state your name my name is John Napoleon I live at four four one seven st. Andrew's circle which is just adjacent to the subject property yes we have had a lot of meetings some of them were less friendly than others but for now it looks like the changes that were made were much more amicable to be in my family the only questions I have today is if we had a 47 foot wide minimum requirement for the driveway and we cut that half there must have been some very reasonable original thinking that said that and you know I'm just a house painter so because I'm not an engineer in architect I really don't understand why we need variances if we're if it's unnecessary to change something I bought my home in that area and expected to have a similar neighborhood with these changes it doesn't happen but I would like to have the opportunity to sit and look at all and discuss the plans yesterday was the first time I saw the announcement cards for today's meeting I didn't see the December 5th invitation if it was said to me I didn't get it but I but I want to participate I want to be helpful I also don't want the investors to have to lose their pants I just want to say for my neighborhood I'd like for all of us to stay within the rules thank you mister thank you anybody else wish to be heard on this agenda item seeing none sir would you like to if you would please state your name for the record thank you Thank You mr. chairman I appreciate this thinking that you guys are putting into these communities it matters I need your name I am thank you 56 year-old wife with this issue for about no three years when Ricky Barlow and apricot fingers first proposed we have been here so many times I feel like we should be punching a time clock on this it was good it was put down to install 18 units at first it was going to be three stories a lot of rage from all of us would invade our privacy well our grandkids are swimming and then somebody snapping pictures and putting it on Facebook well our little Hawaiian kids swimming butt-naked then they went down to story two two stories and we felt like 12 years old glass you can see everything and we just thought hmm that's still an invasion privacy the developer and the owner of very nice people and cooperative we have never met career not once you have been absent from all of our meetings that have been called we have not received the invitations to some of these meetings like on December 5th we find that surprising our main concern [Music] let me put my glasses on is suddenly you have 18 units next to you in a church parking lot it's the LDS Church and it's driveway and the parking lot and all of this the density is insane it's right across high school it is we have the intermediate school the elementary school the high school we have all of these things going on lot of density eighteen more units going down if we've asked if there is a fire what happened than this driveway the answer was literally verbatim we have sprinkles and I am thinking we just went through the Alpine fires we do not need sprinkles we do not need to do this to this 56 year old neighborhood children thank you thank you anybody else wish to be heard on this item seeing none Oh close to plug with my holiday years thank you very much appreciate it I'm picking up what you're putting down trust me all right can I have the apogee please come forward yes you have any yes to just reiterate we are only providing nine units and we are doing single story and we are no longer adjacent to the perimeter of the the property lines hence the need for these waivers because we've centered our our units accordingly thank you trying to turn it over Commission I do have a comment I do appreciate the the new drawing I like the idea that the the road acts as a buffer so it is not affecting the the Napoleon's and their kids swimming butt-naked as she put it I appreciate the the work that went into the neighborhood meetings I do remember this long driveway it is an unfortunate piece of property but dropping it down to single storey going from three storied and then two-story to single storey shows the due diligence that you are trying to work to the community at least as far as I'm concerned and that's why I would be supporting this item tonight I will turn it over to Commissioner Terry through the chair I'll just echo the same thing this applications come a long way this site has from when we first saw it a couple times now so I also will be supporting it Commissioner Williams Thank You mr. chair again when you look at where the project started and where it's come today there's been a significant amount of effort put in by the applicant to appease and meet specific requirements of the neighbors and and that's really what we're looking for right when we come in and we say go back and have these neighborhood meetings we're looking to get feedback be able to work with that feedback and and pull together something that that's really going to work for everyone so at this time I'm like I'm ready to make a motion please do officially I'd like to make a motion on item var seven seven nine zero seven for approval you've heard emotion please cast your vote and that motion carries like to make a motion on item var seven seven nine zero eight for approval you've heard a motion please cast your vote and a motion carries like to make a motion for item SDR seven seven nine zero nine for approval heard the motion please cast your vote and that motion carries and I'd like to make a motion for item TMP seven seven nine one zero for approval you've heard the motion please cast your vote and a motion carries excuse me mr. chairman an item is going to move forward to City Council and be heard as a part of their agenda on February 19 2020 thank you moving on to item number 53 var seven seven nine zero five applicant rad Management LLC owner d srs Properties LLC for the possible action on a request for a variance to allow a lot size of one thousand square feet where 18,000 square feet is required and a lot width of 10 feet where 100 feet is required at 835 she Shenton Road Ward one staff recommends denial staff report please mr. chairman per the submitted justification letter the future goal of this proposal is to add the 1,000 square foot parcel to the adjacent medical office development to the south this would allow for additional parking spaces to be added to the existing medical office use on the subject lot the proposed future alignment of the subject site fails to meet goal number one of the Rancho Charleston land use study which states protect the existing residential neighborhoods from any additional encroachment by commercial and/or office uses staff recommends denial of the requested entitlement as it does not meet the minimum title 19 development standards and does not align with the goals of the Charleston or the Rancho Charleston land you study area please note that additional letters of support and protests have been received since publication thank you thank you please state your name for the record and spell your last name thank you sure my name is Russell Shaw and I'm I'm the owner of the medical building 26:28 West Charleston 26:22 West Charleston and I also am the owner of the house at 8:35 I know what shetland so I've been a practicing physician in the area and for about 14 years in that building and there is an inherent it's about ten and a half thousand square feet of medical space and there's a bit of a decreased supply of parking in the area the property at 835 shetland came up for sale about 14 months ago and my proposal is that the residential 835 shetland Avenue a very small amount of land located it's an irregular lot is about 10 1/2 parking spots or 8 have parking spots is to give high-yield parking for when we when the patients go around the circle's so right now we have about 28 parking spots and it's gonna go up to 36 originally about 7 months ago we had another proposal but I met a lot of resistance from my neighbors and and I certainly understand the resistance so this is not like the last one this is just making it more uniform there's a long history with this particular lot I found out maybe four years ago that the previous neurologist back in 1980 who owned this house actually wanted apparently there was some drawings but they never got the proof he lived in the house but long story short it's actually just to help patients park and it does not change the shetland Avenue I still own the house of course at 8:35 and it it has 110 feet and it's taking away ten feet so it still has 100 foot frontage on Shelton Avenue and it's and if you look at the it's just making a straight wall it's an irregular design the 26:22 West Charleston goes back 10 feet while the 26-28 is is not the 10 feet so it's more making it a straight line and so you really have to kind of see it to understand it but basically and then what we're doing also is we're doing a renovation of the property so we're changing the whole parking so that people come in on to the entrance off shetland but they go one direction and they have to fill up all the spots so so this way we get everybody has to park before they go if there's any excess parking onto shell and so I think this would be helpful and also the eight parking spots would be with lighting and handicapped design so because shuttle aim is a historical beautiful Street and it doesn't have sidewalks and lighting so it maintains the frontage and in the house is not going to change everything looks the same I did have two meetings they were hastily done back in December you know during Christmastime and holidays so but I don't know one showed up to them I did get one phone call from one of the neighbors he's around 808 shetland Kevin Buckley he's been resident for a long time and I just explained what I was doing any me but I you know he doesn't say anything and then I did get a letter from my neighbor who's directly affected but he's actually here today I think he's actually so he'll you know he'll address the planning so all right thank you does that conclude okay notice a public hearing anybody wish to be heard on this agenda and please step forward state your name for the record spell your last name evening my name is Chris last name and rousseff a nd Ras FA why I live at 8:25 Sheldon Amelia Jason day 35 seven looking at this proposal I had no objection it provides more spots for the business that's there and it keeps the residents as a residence it's should have very little no effect on property values and yeah nobody likes to see you know all commercial moving into residential this is a situation that's very unique in a sense that that law is a zigzag and this addition moving that acreage into the commercial makes it straight it's simple it's clean no objection to it thank you very much anybody else wish to be heard on this seeing none I'll close the public hearing and turn it over to Commission Commissioner Rogan Thank You mr. chairman I just say one comment before you go Commissioner Rogan I was recently at the State Bar building I believe it was in Charleston and I there's a quest Diagnostics there so I went for blood work and they were having their annual meeting there so it took up every stall in that in that parking lot and I had to park down the street about four houses in and I thought about this application because we saw previously and I thought you know this I'm parking right in front of this guy's house now instead of being able to park and infer that parking lot I just thought who'd for thought as you as you consider it you know as the application because it was interesting to go through that scenario thank you Thank You mr. chairman and thank you Commissioner Jarry for that comment thank you dr. Shah I have no problem with this application at all when I first saw this item I thought what is this person trying to do is this related to a short-term rental I got numerous phone calls and messages regarding this because you know the the notification that went out was pretty scary to some people but then when you actually look at what it is that you're trying to do you're just trying to square off the boundary and I completely understand and I completely support it and I thank you for not extending your commercial property into that area because the neighbors there are very active and they're very protective as we know from the application that we had several months ago for a an Alzheimer's care facility that's directly across the street unless there's any other comments I would I would like to make a motion please do I make a motion for item 53 var 7-7 9:05 to move for approval subject to staff's conditions he heard the motion please cast your vote and a motion passes and mr. chairman that item is final action tonight unless appealed to the City Clerk's office within 10 days so provided no appeal you can begin the next phase which is to begin your mapping action after ten days thank you very much to all of you thank you thank you okay moving on item number fifty-four var seven seven nine three two applicant can't scroll on a scroll Clark kind of revocable living trust and scroll Clark trust for a possible action and request for a variance to allow a zero foot side and rear yard setback we're three feet is required for an existing accessory structure clasp to shed and an existing 720 square foot accessory structure clasp to shed we're 514 square feet as the minimum allowed and a five foot distance separation from the main building where six feet is required for an existing a secretary structure clasp to shed and to existing accessory structures class two sheds that are not analytically compatible with the primary residence where such is required at 1916 tene Avenue Ward six staff recommends now they have the staff report please mr. chairman this is a request for a variance to allow to existing sheds located on the east perimeter of the rear yard which were erected without obtaining building permits and do not comply with title 19 development standards pertaining to setbacks size and aesthetic compatibility no substantial evidence has been presented to warrant the requested variance as the two existing accessory structures were constructed without building permits and do not comply with title 19 development standards as the applicant has provided no compelling evidence of a unique or extraordinary circumstance related to the site itself staff recommends denial please note that there are additional letters of support and protest since publication thank you thank you please state your name for the record my name is Kent scow not scroll SCO W Thank You panel for let me come up I have letters here from other people in my neighborhood that they'd like to see this approved because I've lived there my father purchased it back in 1963 I've born and raised in Las Vegas I'm now 60 years old I grew up in that house back in the day yes we did some he did a permit on the shed in the corner and I was the one that got that got to dig the trenches and everything else for it later on in a few years later he went and where the lard shed is in 1972 he we poured a slab I did the digging for the electrical for it at the time and we put up a tin shed at the time about six about eight years later the neighbor next to us on the east side had moved in and wasn't taking care of an olive tree the olive tree fell over crushed onto the wooden fence and crushed the metal shed at the time his homeowners insurance covered the replacement of that and the repairs of the wall my father then went down to the Planning Commission and asked him at the time I'm putting the shut up and I'm replacing an existing do I need him permits they said no as long as you're not increasing the footprint so he went ahead and added a few extra dollars and instead of putting a tin shed up he made it as a tough style tough tough shed style barn style yes it is close to property line I am willing to make the two walls to where they are one our fire rated which is the wall on the east and a wall on the south internally of the shed itself it is 580 rock it is 2x4 construction with insulation the exterior on the east and south wall right now our my father had painted it with a fire proofing at the time since then it's been 35 30 35 years of decay but the wood still is intact and there is no chipping or shreddy I am willing to get a permit to forward this and put a 1 to put a 5/8 sheetrock on the exterior of the shed and put tin on the exterior of that so that way it doesn't be degraded by Mother Nature at the time in this other perspective in 1996 my father had a block wall built I got the permits for that to go around the property line if we were told by the building department at that time that the shed was not in compliant I would have suggested my father because I was in commercial maintenance at the time of stopping the building of the shed and making it one our fire rated because it was too close to property line and then continued with a block wall but that didn't happen so now what has started this to become this kind of problem is about eight months ago my neighbor on the east side of me he chopped a tree trimmed a tree put a bunch of branches on the sidewalk which crossed the whole sidewalk for a minimum of two weeks so that way no handicapped no people could walk down the sidewalk without either go on down onto his property line or going out into the street and dis traffic area I asked the resident what are you gonna do about it he snubbed his nose in the air walked in his house I took stick to the shed stick to the shed stuff well this is what created the code variance problem or the not code the yes code variance problem that's initiated this whole thing okay okay and then he he believes I went against his property and I didn't I want I called code enforcement to have the trash removed in sidewalk as an 88 compliant system since then he retaliated and said the sheds were a problem okay and he's lived with him and lived in that house for over 30 years okay all right thank you this is notices public hearing anybody else wish to be heard on this item seeing that I'll close it turn it over to commissioners Commissioner yes mr. Chairman I look at these all the time and I typically have a little bit of a difficult time with them especially if you look at the photos it it is I mean just foot off that rear property line and it's not just a you know a one-hour firewall issue because that that can be handled through the building department [Music] putting up a firewall it just comes down to when someone's built that close to the property line it catches trash and catches all sorts of stuff and then plus your neighbors are looking at it and we allow one accessory structuring you have three so I'm having a bit of an issue with this but I like to hear from my fellow commissioners and see if they have any thoughts Thank You mr. chairman sir I do appreciate that those structures have been there for four years and it's an unfortunate set of circumstances that land you here but the reality is your neighbors do have to look at that we had one of these situations where a person in our neighborhood built essentially a shed without obtaining the proper variances enraged the neighborhood they came out and he was told to tear down after spending fifty or seventy thousand dollars to build that structure and the reality is we do have to follow the rules and these sheds just they don't conform unfortunately so I would I would not be supporting this time Commissioner Williams Thank You mr. chair I would echo Commissioner rogen sentiments I mean it's just it's really hard with this level of non-compliance and so I will not be supporting this as well Thank You Commissioner Williams Commission schlattman yes mr. chairman and through you like to maybe ask the planned staffer planning director and then asked applicant and you can he can direct us on what he'd like to like us to do but I feel that and reading the staff report that one of these is a legally non-conforming structure that had a permit at one point so that is a clean up item on that one structure so your chair yes so the the shed on the south west part of the property is a legal non-conforming structure so if you disapprove the various that structure can remain the other two would have to come down okay so one option is I could make a motion to you know to make that a or to grant the variance for that so it becomes a know through you mister chair of the the structure on the southwest perimeter of the subject site has a building permit so that is a legal structure there was a permit obtained for that structures so that structure can remain as it currently exists on the subjects the only two structures in question are the ones on the eastern perimeter okay well that being said based on the testimony heard today and what what I heard from fellow commissioners and what we have typically voted on the past when we have this many accessory structures and it's that close to a property line i'ma have to follow staff's recommendation for denial you can work with the council person and see if there's something that you haven't come up with but at this time I'm gonna have to make a motion follow staffs recommendation for denial you've heard of motion please cast your vote against photos for denial and then motion carries mr. chairman that item will move forward to City Council and be heard as a part of their agenda on February 19 2020 so heard before council next thank you I thank you for trying to get a hold of me and talk to me about it I've tried to get hold of my commissioner and I never was able to I tried to get a hold of you and you were out of town so thank you very much yeah well related items number 55 through 56 HUP seven seven eight nine six applicant DT Ferguson LLC owner 11th Street Tavern LLC for possible action on request for a special use permit for an open-air vending transit sales lot use at 10:31 Fremont Street Ward 3 staff recommends approval and item number 56 STRs seven eight nine seven for a possible action and request for site development plan review for a proposed 9,000 square foot pizza excuse me Plaza Ward 3 staff recommends approval mr. chairman mr. chairman just gonna go ahead and state that I'll be abstaining on this matter because I'm under contract with applicant on other properties within the neighborhood thank you thank you please state your name for the record Jennifer taller tal ER with I'm sorry staff report please mr. chairman the applicant is proposing to operate a variety of of events multiple times a month on an existing 12,000 and 96 square foot alley and plaza at the southwest corner of Fremont Street and 11th Street currently special events are operated on the subject site through the issuance of special event permits these permits limit the duration of the events as well as how many times a year the events may occur staff finds that the proposed outdoor event space with mobile food vendors supports the goals of the vision 2045 downtown master plan the site will help promote a vibrant urban environment in downtown Las Vegas which focuses on activity around transit hubs and activity notes therefore staff recommends approval of the requested special use permit and site development plan review with conditions please note that there are additional letters of support since publication also the fire department has some proposed changes to the conditions that will be read into the record now thank you thank you please gentle or ta-er mr. chairman is a condition that staff is proposing is item number 56 STR seven seven eight nine seven condition for to be admitted as follows all necessary building permits shall be obtained and final inspections shall be completed in compliance with title 19 and all codes as required by the department's of Building and Safety and Fire and Rescue compliance issues to be addressed shall include but not be limited to establishment of an occupant load according to building area code compliant exiting and exit paths electrical layouts shade structures and required fire extinguishers thank you through the chair if I could quickly disclose that my company's involved with the project that's in the notification area it doesn't affect us be greater or lesser so we'll be voting thank you dar with frozen's downtown 1031 Freemont Street and just our goals are to continue to support our local community and have a space that we can highlight them and just bring a gathering space for our community so thank you this is notices public hearing anybody from the public wish to be heard on this item seeing none I'll close the public hearing and turn it over to Commissioner Commissioner schlattman oh you're happy to make the motion on this Jen thanks for being a good steward of the neighborhood with everything you guys are doing over there I see staffs recommending approval we'll be following that I make a motion on item number 55 scp-778 96 motion for approval you heard the motion please cast your vote and then will she carries oh excuse me the 56 SDR 77097 I'll make a motion for approval with the changes to condition number four and you agree to those conditions yes okay or the motion please cast your vote and then motion carries mr. chairman those items will move forward to City Council and be heard as a part of their agenda On February 19 2020 thank you guys good night thank you moving on item number 57 STR seven seven nine four three applicant owner lap Investments LLC for possible action on a request for a site development plan review for a proposed 9750 square-foot parking lot with waivers of the perimeter landscape buffer requirements on the south on the north side of Charleston Boulevard west of moonlight drive Ward 3 staff recommends denial staff report please mr. chairman the applicant constructed a 27 space commercial parking lot adjacent to an existing medical office at 42 36 East Charleston Boulevard to provide additional parking spaces for staff and patients the parking lot was paved and developed without the necessary site development plan review and building permits thus resulting in a code enforcement action staff does not support the requested waivers or the overall design of the parking lot as it utilizes an unnecessary driveway from Charleston Boulevard that creates an additional traffic conflict with pedestrians and motorists alike on Charleston Boulevard which is a 100 in four-foot primary arterial Street as defined by the master plan of streets in highways therefore staff recommends denial of this site development plan review please note that there are additional letters of support and protest since publication thank you thank you is applicant present today I do not see the applicant it is a public forum does anybody wish to be heard on it I don't see none I'll close that and I will turn it over to Commissioner slaughter yes I miss chairman read this item and I agree with staff I feel that this is a concrete Island concrete strip up and down Charleston and we have to we have to do a better job and just stop granting variances on trees if Todd Farlow was here he would be up here yelling at us for those who remember Todd Farlow so seeing that I am ready promotion please on item 57 STR seven seven nine four three I will follow staffs recommendation for denial you've heard emotion a yes vote is for denial and that motion carries mr. chairman then I don't we'll move forward to City Council and be heard as part of their agenda On February 19 20 22 system participation item number 60 citizen participation public comment during this portion agenda must be limited to matters within the jurisdiction of the Planning Commission no subject may be acted upon by the Planning Commission unless the subject is on the agenda and a schedule for action and if you wish to be heard come to the podium give your name for the record the amount of time on any single subject as well as the amount of time on any speaker allowed will be limited this is notice anybody wish to speak seeing none I will close the public and I would just like to say thank you for the the well wishes there on my anniversary thank you all for the support for becoming chairman and I look forward to spending a year with you guys and I wish you all happy new year thank you and I just want to make one comment before we adjourn the meeting I was a little confused thinking we only had one meeting this month and I was telling people only one meeting and so there is a second meeting this month anybody that's on the agenda still come down and see us again this month and then we'll go to one meeting a month okay meeting adjourned thank you