04.12.16 pc final packet_items 45 through 83

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DEPARTMENT: PLANNING
SUBJECT: ZON-63573 - REZONING RELATED TO GPA-63571 - PUBLIC HEARING -
APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: C-2 (GENERAL COMMERCIAL) on 1.05 acres at 5455 North Rainbow Boulevard (APN 125-35-101-005), Ward 4 (Anthony) [PRJ-63423]. Staff
recommends DENIAL.
C.C.: 5/10/2016
Planning Commission Mtg. 0 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0
RECOMMENDATION:
BACKUP DOCUMENTATION: 1. Consolidated Backup
2. Location and Aerial Maps - ZON-63573, VAR-63817, VAR-63891, SUP-63574 and SDR- 63575 [PRJ-63423]
3. Supporting Documentation
sustainability efforts to reduce
backup under the first item. This
item includes such consolidated
application in the subject line of
the Agenda Summary Page.



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SUBJECT: VAR-63817 - VARIANCE RELATED TO GPA-63571 AND ZON-63573 - PUBLIC
HEARING - APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a request for a
Variance TO ALLOW A 13-FOOT REAR YARD SETBACK WHERE 20 FEET IS REQUIRED FOR AN EXISTING BUILDING AND TO ALLOW A FIVE-FOOT SIDE YARD
SETBACK ON THE NORTH PERIMETER WHERE 10 FEET IS REQUIRED FOR A
PROPOSED CARPORT on 1.05 acres at 5455 North Rainbow Boulevard (APN 125-35-101-
005), R-E (Residence Estates) [PROPOSED: C-2 (General Commercial)] Zone, Ward 4 (Anthony) [PRJ-63423]. Staff recommends DENIAL.
C.C.: 5/18/2016
RECOMMENDATION:
BACKUP DOCUMENTATION:
8/18/2019 04.12.16 PC Final Packet_Items 45 Through 83


SUBJECT: VAR-63891 - VARIANCE RELATED TO GPA-63571, ZON-63573 AND VAR-63817 -
PUBLIC HEARING - APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a
request for a Variance TO ALLOW A 17-FOOT RESIDENTIAL ADJACENCY SETBACK WHERE 60 FEET IS REQUIRED FOR AN EXISTING BUILDING on 1.05 acres at 5455
North Rainbow Boulevard (APN 125-35-101-005), R-E (Residence Estates) [PROPOSED: C-2
(General Commercial)] Zone, Ward 4 (Anthony) [PRJ-63423]. Staff recommends DENIAL.
C.C.: 5/18/2016
RECOMMENDATION: Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION: 1. Consolidated Backup 2. Supporting Documentation


SUBJECT: SUP-63574 - SPECIAL USE PERMIT RELATED TO GPA-63571, ZON-63573, VAR-63817
AND VAR-63891 - PUBLIC HEARING - APPLICANT/OWNER: JOHN M. BAILEY - For
possible action on a request for a Special Use Permit FOR DELIVERY AND SERVICE VEHICLE STORAGE USE at 5455 North Rainbow Boulevard (APN 125-35-101-005), R-E
(Residence Estates) [PROPOSED: C-2 (General Commercial)] Zone, Ward 4 (Anthony) [PRJ-
63423]. Staff recommends DENIAL.
RECOMMENDATION: Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION: 1. Consolidated Backup 2. Supporting Documentation

SUBJECT: SDR-63575 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-63571, ZON-
63573, VAR-63817, VAR-63891 AND SUP-63574 - PUBLIC HEARING -
APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a request for a Site Development Plan Review FOR A PROPOSED 3,933 SQUARE-FOOT OFFICE AND
SERVICE VEHICLE USE WITH WAIVERS TO ALLOW A ZERO-FOOT WIDE
LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH PERIMETER AND A FIVE-
FOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE SOUTH PERIMETER, WHERE MINIMUM EIGHT-FOOT WIDE LANDSCAPE BUFFERS ARE REQUIRED on
1.05 acres at 5455 North Rainbow Boulevard (APN 125-35-101-005), R-E (Residence Estates)
[PROPOSED: C-2 (General Commercial)] Zone, Ward 4 (Anthony) [PRJ-63423]. Staff recommends DENIAL.
C.C.: 5/18/2016
RECOMMENDATION:
BACKUP DOCUMENTATION: 1. Consolidated Backup
2. Supporting Documentation


SUBJECT: GPA-63593 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: JET
DEVELOPMENT, INC. - OWNER: HANG CHU, LLC - For possible action on a request for a
General Plan Amendment FROM: M (MEDIUM DENSITY RESIDENTIAL) TO: H (HIGH DENSITY RESIDENTIAL) on 7.86 acres at 4800 East Charleston Boulevard (APN 140-32-801-
001), Ward 3 (Coffin) [PRJ-63419]. Staff recommends DENIAL.
C.C.: 5/18/2016
RECOMMENDATION:
BACKUP DOCUMENTATION: 1. Location and Aerial Maps - GPA-63593 and SDR-63596 [PRJ-63419]
2. Conditions and Staff Report - GPA-63593 and SDR-63596 [PRJ-63419] 3. Supporting Documentation - GPA-63593 and SDR-63596 [PRJ-63419]
4. Photo(s) - GPA-63593 and SDR-63596 [PRJ-63419] 5. Justification Letter - GPA-63593 and SDR-63596 [PRJ-63419]
CHU, LLC
** STAFF RECOMMENDATION(S) **
conditions: GPA-63593
Planning
1. Approval of a General Plan Amendment (GPA-63593) shall be required, if approved.
2. This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3. All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 02/25/16, except as amended by conditions herein.
4. Two van accessible handicapped parking spaces shall be provided within the onsite parkingarea. All handicapped spaces shall be striped in conformance with Title 19.08.110
requirements.
5. All trash enclosures shall be screened, gated and odor controlled.
6. 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 of Building and
Safety.
April 12, 2016 - Planning Commission Meeting
7. These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
8. A technical landscape plan, signed and sealed by a Registered Architect, Landscape
Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the same
time application is made for a building permit. A permanent underground sprinkler system is required, and shall be permanently maintained in a satisfactory manner; the landscape
plan shall include irrigation specifications. Installed landscaping shall not impede visibility
of any traffic control device. The technical landscape plan shall include the following
changes from the conceptual landscape plan:
a. The species, size and number of each plant shall be clearly noted on the plant legend.
9. All City Code requirements and design standards of all City Departments must be satisfied, except as modified herein.
Publi c Works
10. Correct all Americans with Disabilities Act (ADA) deficiencies accessing this site on
Charleston Boulevard in accordance with code requirements of Title 13.56.040 to the satisfaction of the City Engineer concurrent with development of this site. All existing
paving damaged or removed by this development shall be restored at its original location
and to its original width concurrent with development of this site.
11. Meet with the Fire Protection Engineering Section of the Department of Fire Services to discuss fire requirements for the proposed use of this facility. The design and layout of all
onsite private circulation and access drives shall meet the approval of the Department of Fire Services.
12. Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of construction plans, the issuance of any building or grading permits, whichever may occur
first. Provide and improve all drainage ways as recommended.
** STAFF REPORT **
PROJECT DESCRIPTION
The site contains an existing 197-unit apartment complex in eight separate buildings on 7.86 net
acres, constructed in 1982. The applicant is requesting a Site Development Plan Review to add
two additional apartment buildings and add on to one of the existing buildings for a total of 40
new units. The applicant has already made some prior interior improvements, including a new driveway entry, guard shack, new pool and deck, office and community room conversion,
carports, laundry room, new roofs, balconies and mechanical units, landscaping and parking
restriping. The new buildings will have stucco exteriors, and the exterior elevations of the
building with the proposed addition will also be upgraded to include stucco coatings. A play area in the northeast corner of the site that was part of the original development but not improved
will be included with this request. In addition, the interior perimeter landscape buffers are proposed to be replanted
The increase in units would increase the residential density of the development from 25 dwelling
units per acre to 30 dwelling units per acre, requiring an amendment to the General Plan land use for this site. Although the R-3 (Medium Family Residential) zoning district allows up to 50
dwelling units per acre, the existing General Plan does not call for future high density residential
zoning or related uses in this area or along the Charleston Boulevard corridor. In addition, the open areas of the development could be better served by adding additional recreation space.
Staff therefore recommends denial of the General Plan Amendment and therefore the site review to allow additional units. If denied, up to 200 dwelling units would be allowed on the site under
the current M (Medium Density Residential) land use designation.
ISSUES
The 40 additional multi-family residential units proposed would result in a net density of 30.15 dwelling units per acre on this site, which would exceed the 25.49 dwelling units per
acre allowed by the M (Medium Density Residential) General Plan Designation. Therefore,
the applicant proposes a General Plan Amendment from M to H (High Density Residential),
which would allow for higher residential density limited only by building height. Handicapped parking is sufficient on the site, but needs to be striped to meet City of Las
Vegas standards.
The existing trash enclosures are in disrepair and must be rebuilt to meet City of Las Vegas
standards.
A formal Site Development Plan Review was never approved for this site. Structures were approved through building permits.
BACKGROUND INFORMATION
Related Relevant Ci ty Actions by P&D, F ir e, Bldg., etc.
12/26/79 A three-lot parcel map on 15.89 acres at the northeast corner of Charleston Boulevard and Marion Drive was recorded.
09/05/03
Department of Planning staff administratively approved a Site Development
Plan Review (SDR-2854) for the addition of controlled access gates at an
existing multi-family residential development on 7.89 acres at 4840 East Charleston Boulevard.
Most Recent Change of Ownershi p
05/30/15 A deed was recorded for a change in ownership.
Related Building Permits/Business L icenses
1982 The existing apartment complex was constructed.
03/06/14 A building permit (239538) was issued for fire disaster repair at residential Unit 36 at 4800 East Charleston Boulevard. A final inspection was completed
04/25/14.
05/14/14 A building permit (256959) was issued for a new entry guardhouse at 4800
East Charleston Boulevard. A final inspection was completed 10/21/14.
06/09/14
A building permit (256941) was issued for a new entry gateway signage
structure at 4800 East Charleston Boulevard. A final inspection has not been
completed.
08/12/14 A building permit (256960) was issued for three carport structures at 4800
East Charleston Boulevard. A final inspection has not been completed.
09/25/14
A building permit (267341) was issued for two commercial swimming pools
at 4800 East Charleston Boulevard. A final inspection has not been completed.
01/08/15
A building permit (277008) was issued for a standard CLV design block wall
for swimming pool at 4800 East Charleston Boulevard. A final inspection
was completed 03/09/15.
02/16/16
A pre-application meeting was held with the applicant to discuss submittal requirements for a Site Development Plan Review and a General Plan
Amendment. The difference between gross and net acreage was discussed,
along with how this would affect density. Landscaping buffer widths are existing as approved and would not need to be altered as part of this
application. Handicapped parking would need to be required to meet City of
Las Vegas standards.
Neighborhood Meeting
03/24/16
A neighborhood meeting was held at the East Las Vegas Community Center,
250 North Eastern Avenue, in Las Vegas. There were three members of the development team, one Planning Commissioner and one member of Planning staff in attendance. No members of the public were in attendance. The
developer’s representative gave a presentation on the proposed amendment
and changes to the apartment site for those present.
F ield Check
03/03/16
The site contains eight two-story apartment buildings and a gatehouse. The
existing buildings are showing age, although no obvious defects were visible.
The proposed building sites are open graveled areas with a few trees and
shrubs. Vehicles in disrepair and derelict shopping carts were observed at the rear of the property. Perimeter landscaping along the north, east and west
sides is either missing or neglected. There are large holes in the perimeter wall along the west side of the property. Two trash enclosures were severely
damaged. The site contains a pool and landscaped deck in good condition,
and a vacant, dirt-covered area in the northeast corner where a play area is to be provided.
Details of Appli cation Request
Site Area
Subject Property Multi-Family Residential
Designation
Surrounding
Property
Cleaners, Commercial and
Units per Acre)
No Applicable Master Plan Area N/A
Special Pur pose and Over lay Di str icts Compli ance
No Applicable Special Purpose or Overlay Districts N/AOther Plans or Special Requi rements Compliance
Trails N/A
Project of Significant Impact (Development Impact Notification Assessment) N/A
Project of Regional Significance N/A
DEVELOPMENT STANDARDS
Pursuant to Ti tle 19.06, the following standards apply:
Standard Required/Al lowed Provided Compliance Min. Lot Size 6,500 SF 342,382 SF Y
Min. Lot Width N/A 361 Feet N/A
Min. Setbacks
Standard Required/Al lowed Provided Compliance
Min. Distance Between Buildings 10 Feet 18 Feet Y Max. Lot Coverage N/A 45 % N/A
Max. Building Height 5 Stories/55 Feet 2 Stories/24
Feet Y
Roof or Trellis Screened, Gated By condition
Mech. Equipment Screened Screened By condition
Pursuant to Ti tle 19.06.040, the fol lowing standards apply:
Residential Adjacency Standards Requi red/All owed Provided Compli ance
3:1 proximity slope 72 Feet 80 Feet Y
Adjacent development matching setback 15 Feet 80 Feet Y
Trash Enclosure 50 Feet 10 Feet N*
*The location of the existing trash enclosures is nonconforming with respect to the residential
adjacency setback, as these structures were approved as part of the original development.
Existing Zoning Permit ted Density Units Al lowed
R-3 (Medium Density Residential)
13-50 du/ac 393
Existing General Plan Permit ted Density Units Al lowed M (Medium Density
Residential) 25.49 du/ac 200
Proposed General Plan Permit ted Density Units Al lowed
H (High Density Residential) 25.5 du/ac or greater Limited only by building
height
Pursuant to Titl e 19.06, the foll owing standards apply:
Landscaping and Open Space Standards
Standards Required Provided Compliance
Ratio Trees Buffer Trees:
1 Tree / 20 Linear Feet 1 Tree / 20 Linear Feet
1 Tree / 20 Linear Feet
1 Tree / 20 Linear Feet
47 Trees 34 Trees
Landscaping and Open Space Standards
Standards Required Provided Compliance
Parking Area Trees
45 Trees 3 Trees N*
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
6 Feet
PLs
Y
*Parking lot landscaping and perimeter landscape buffers and plantings were previously
approved and are nonconforming to current requirements.
Street Name
and Highways Map 100 Y
Pursuant to Titl e 19.08 and 19.12, the foll owing parking standards apply:
Parki ng Requi rement
Parking
Ratio
Parki ng Requi rement
Parking
Ratio
per 6 units 40
Regular and Handicap Spaces Required 390 8 380 19 Y
ANALYSIS
The site is subject to all applicable Title 19 requirements. There are no special area plan
requirements for this site. A Site Development Plan Review is required for the proposed additions to the building and changes to the play area and parking lot. This is the first formal
Site Development Plan Review for this development. Several of the development standards have
changed since this property was first approved and developed, causing some structures and landscaping to be nonconforming with respect to current standards. The addition of the two
proposed buildings will not eliminate existing parking spaces or reduce perimeter buffer widths
beyond their current state.
The current density of the site, based on net site area, is 25.06 dwelling units per acre. An
additional 40 units would increase the density to 30.15 dwelling units per acre. The current
zoning district, R-3 (Medium Density Residential), allows up to 50 dwelling units per acre; however, the current General Plan designation, M (Medium Density Residential), only allows up
to 25.49 dwelling units per acre. The applicant is requesting a General Plan Amendment to H
(High Density Residential), which allows net densities of greater than 25.49 dwelling units per acre. This portion of Charleston Boulevard is characterized by multi-family residential and
narrow-lot single family detached residential developments north of the street and a mix of
residential and commercial uses to the south in unincorporated Clark County. Currently, the
only areas of high density residential development along Charleston are located west of Mojave Road, although in Redevelopment Area 2 there are areas designated MXU (Mixed Use) between
Valley View Boulevard and Rainbow Boulevard that would also allow redevelopment of parcels
for high density residential uses. Although the current zoning allows for higher density, the
General Plan is clear in that densities are to be limited to less than 25.5 dwelling units per acre in this area of the city.
The Southeast Sector Plan (Neighborhood Revitalization Plan) of the General Plan contains
several policies that affect this request. Policy 2.1.5 states that “neighborhoods be encouraged to
revitalize through a variety of incentives, which may include accessory apartments and relaxation of setback requirements where offset with enhanced landscaping in areas deemed
appropriate.” Additional landscaping is proposed in the interior of this project, and perimeter
buffers are proposed to be replenished with live plants.
Policy 2.2.1 states that “any higher density or mixed-use development which is adjacent to lower
density residential development incorporate appropriate design, transition or buffering elements
which will mitigate adverse visual, audi ble, aesthetic and traffic impacts.” To this end, replenished landscaping will be provided in the perimeter buffers where previously missing.
However, due to the current configuration of the site and parking lot, these buffers cannot be
increased to conform to Title 19 standards, nor will the new oleander shrubs provide much
additional buffering of the adjacent single-family uses.
According to the Parks Element of the Las Vegas 2020 Master Plan, the Southeast Sector is
largely underserved in terms of open space with a level of service of 1.36 acres of parkland per 1,000 residents (in Year 2012), where 2.5 acres per 1,000 residents is the adopted standard. In
the next 20 years that figure is expected to remain flat unless higher densities are introduced, in
which case the level of service deficiency will grow. An increase in units will contribute to this deficiency.
Landscaping in the south (front) buffer area and certain areas of the interior is existing. The
perimeter buffer areas are nonconforming and are not required to be changed to comply with
current code as a result of this request. The buffer areas will be replanted with oleander shrubs as previously approved and to match the existing shrubs along Charleston Boulevard. Parking
lot landscape islands and trees at ends of rows were not previously required in this development. The existing parking lot can accommodate the increase in the parking requirement generated by
the additional multi-family residential units; therefore, no additional parking lot landscaping is
required. Landscaping adjacent to buildings and amenity areas will be enhanced, which will
provide some shade and cooling properties where they didn’t previously exist.
All handicap accessible spaces shown on the submitted site plan are not in conformance with city
of Las Vegas handicapped parking space design standards contained within the Unified
Development Code. A five-foot striped landing is required on both sides of each regular
handicapped space, and an eight-foot striped landing is required on one side of each van accessible handicapped space. In addition, per Title 19.18.030(D)(3), for every six required
handicap spaces or portion thereof, one van accessible handicapped space is required. Therefore, two such spaces are required for this development.
There are no other applicable overlay districts or special area plans that apply to this
area.
FINDINGS (SDR-63596)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1. The proposed development is compatible with adjacent development and
development in the area;
The addition of 40 units to the existing 197-unit multi-family residential development
would increase density over other developments in this area and would replace areas of the site that could be developed for additional open space amenities.
2. The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other duly-
adopted city plans, policies and standards;
Several aspects of the existing development are nonconforming with respect to current
codes and are not proposed to be changed. The new buildings will be constructed in
conformance with Title 19 requirements.
3. Site access and circulation do not negatively impact adjacent roadways or neighborhood traffic;
The development is served by a primary gated entrance from Charleston Boulevard and
two other secondary gated driveways on either side of the center access. No changes are
proposed to access or site circulation.
4. Building and landscape materials are appropriate for the area and for the City;
The new buildings will have stucco exteriors, which are more suitable for this area than the
existing painted panel facades on the existing buildings. The new buildings will also
feature wood shake roofs to match the existing buildings. The existing oleander shrubs are nonconforming and would not be adequate for screening purposes.
5. Building elevations, design characteristics and other architectural and aesthetic
features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;



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04.12.16 pc final packet_items 45 through 83

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