04.14.15_PC_Packet_Items36-68

DEPARTMENT: PLANNING
SUBJECT:
VAR-58121 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: HAND
PROPERTY HOLDING COMPANY - For possible action on a request for a Variance TO
ALLOW 404 PARKING SPACES WHERE 473 SPACES ARE REQUIRED FOR A
PROPOSED 228-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT at 501 North
Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3
(Coffin) [PRJ-58035]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/20/2015
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:
Planning Commission Mtg. 1 Planning Commission Mtg. 0
City Council Meeting 0 City Council Meeting 0
RECOMMENDATION:
BACKUP DOCUMENTATION: 1. Location and Aerial Maps - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-
58035]
2. Conditions and Staff Report - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-
58035]
58035]
5. Justification Letter - VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
6. Protest Postcard - VAR-58121 and VAR-58122 [PRJ-58035]
VAR-58121, VAR-58122, VAR-58123 and SDR-58124 [PRJ-58035]
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PLANNING COMMISSION MEETING DATE: APRIL 14, 2015 DEPARTMENT: PLANNING ITEM DESCRIPTION: APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY
** STAFF RECOMMENDATION(S) **
conditions:
conditions:
conditions:
conditions:
VAR-58121
VAR-58122
VAR-58123
** CONDITIONS **
Planning
1. Approval of and conformance to the Conditions of Approval for Site Development Plan
Review (SDR-58124) 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 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.
4. These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
5. All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
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VAR-58122 CONDITIONS
Planning
Safety.
Planning
Safety.
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SDR-58124 CONDITIONS
Planning
1. Approval of and conformance to the Conditions of Approval for Variances (VAR-58121,
VAR-58122 and VAR-58123) shall be required, if approved.
3. All development shall be in conformance with the site plan, date stamped 03/17/15,
landscape plan, date stamped 03/19/15 and floor plans and building elevations, date
stamped 02/25/15 & 03/17/15.
4. A Waiver from Title 19.06.110 is hereby approved, to allow a five-foot wide perimeter
landscape buffer width along the west, north and south perimeters, where a minimum of six
feet is required.
5. An Exception from Title 19.06.040 is hereby approved, to allow 59 perimeter shade trees,
where 153 are required.
6. An Exception from Title 19.08.110 is hereby approved, to allow 19 parking lot shade trees,
where 38 are required.
Safety.
9. The minimum distance between buildings shall be 10 feet.
10. 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.
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April 14, 2015 - Planning Commission Meeting
11. A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
12. A Comprehensive Construction Staging Plan shall be submitted to the Department of
Planning for review and approval prior to the issuance of any building permits. The
Construction Staging Plan shall include the following information: Design and location of
construction trailer(s); design and location of construction fencing; all proposed temporary
construction signage; location of materials staging area; and the location and design of
parking for all construction workers.
13. Prior to the submittal of a building permit application, the applicant shall meet with
Department of Planning staff to develop a comprehensive address plan for the subject site.
A copy of the approved address plan shall be submitted with any future building permit
applications related to the site.
14. All City Code requirements and design standards of all City Departments must be satisfied,
Public Works
15. In accordance with code requirements of Title 13.56, remove all substandard offsite
improvements and unused driveway cuts, if any, and replace with new improvements
meeting Current City Standards concurrent with development of this site.
16. Provide a copy of a recorded Joint Access Agreement or Emergency Access easement
between this parcel and Assessor's Parcel Number #140-31-501-017 for the proposed crash
gate on the north side of this site prior to the issuance of any permits.
17. Contact the City Engineer’s Office at 702-229-6272 to coordinate the development of this
project with the “Cedar Avenue Storm Drain Channel” project and any other public
improvement projects adjacent to this site. Comply with the recommendations of the City
Engineer.
18. Extend the existing median/left turn pocket in Lamb Boulevard to create a right-in right-out
driveway to this site unless left-turn movements are specifically allowed by the City Traffic
Engineer in the approved Traffic Impact Analysis.
19. Landscape and maintain all unimproved right-of-way adjacent to this site. All landscaping
and private improvements installed with this project shall be situated and maintained so as
to not create sight visibility obstructions for vehicular traffic at all development access
drives and abutting street intersections.
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20. 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.
21. A Traffic Impact Analysis must be submitted to and approved by the Department of Public
Works prior to the issuance of any building or grading permits, submittal of any
construction drawings or the recordation of a Map subdividing this site, whichever may
occur first. Comply with the recommendations of the approved Traffic Impact Analysis
prior to occupancy of the site. The Traffic Impact Analysis shall also include a section
addressing Standard Drawings #234.1 #234.2 and #234.3 to determine additional right-of-
way requirements for bus turnouts adjacent to this site, if any; dedicate all areas
recommended by the approved Traffic Impact Analysis. All additional rights-of-way
required by Standard Drawing #201.1 for exclusive right turn lanes and dual left turn lanes
shall be dedicated prior to or concurrent with the commencement of on-site development
activities unless specifically noted as not required in the approved Traffic Impact Analysis.
Phased compliance will be allowed if recommended by the approved Traffic Impact
Analysis. No recommendation of the approved Traffic Impact Analysis, nor compliance
therewith, shall be deemed to modify or eliminate any condition of approval imposed by
the Planning Commission or the City Council on the development of this site.
22. A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
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** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing a 228-unit multi-family apartment development for low-income
residents on a 12.59 acre site at 501 North Lamb Boulevard. The use is appropriate for the area
and could be designed to meet all City of Las Vegas development requirements. However, the
applicant is choosing not to develop the project to code. This is reflected in the numerous
Variances, Waivers and Exceptions that the applicant is requesting. All of these are self-imposed
hardships and are not necessary for this project to be successfully completed to code. Staff
recommends denial of these applications and of the project as a whole, since the applicant has
the code permitted flexibility to design the project at the proposed density to meet all code
requirements. If denied, no permits would be issued for the project until an approved Site
Development Plan Review was approved.
ISSUES
A Variance is required to allow 404 parking spaces, where 473 spaces are required for a
proposed multi-family residential development. Staff does not support this request.
A Variance is required to allow a seven-foot tall front yard fence, where five feet is the
maximum allowed for a proposed multi-family residential development. Staff does not
support this request.
A Variance is required to allow no wheel stops in the parking lot where such are required
when adjacent to a sidewalk less than seven feet in width. Staff does not support this
request.
A Waiver is required to allow a five-foot wide landscape buffer where six feet is required
along the west, north and south perimeters. Staff does not support this request.
An Exception is required to provide 59 perimeter landscape buffer trees, where 153 are
required. Staff does not support the request.
An Exception is required to provide 19 parking lot landscape trees, where 38 are required.
Staff does not support the request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
11/20/63 The Board of Commissioners approved a request for Rezoning (Z-0140-63)
from R-E (Residence Estates) to C-1 (Limited Commercial) on this site.
07/05/00
The City Council approved a Site Development Plan Review [Z-0140-63(1)]
for a proposed 43,055 square-foot office building on this site. The Planning
Commission recommended approval on 05/25/2000. The City Council’s
approval expired July 5, 2002.
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Related Relevant City Actions by P&D, Fire, Bldg., etc
08/15/03 A Minor Site Development Plan Review (SDR-2809) was approved by staff
for two Modular Office Buildings at 501 North Lamb Boulevard.
09/09/10
The property owner was cited by Code Enforcement (Case #94274) for
violation of Condition #1 of Site Development Plan Review (SDR-2809),
which required that a new Site Development Plan Review be submitted after
two years from final date of approval.
12/16/10
The Planning Commission approved a Site Development Plan Review (SDR-
40119) for two existing 1,400 square-foot modular office buildings with a
waiver to allow a perimeter landscape buffer width of zero feet along a
portion of the north perimeter where eight feet is required on 12.59 acres at
501 North Lamb Boulevard. Staff recommended denial.
02/18/15
The City Council approved a General Plan Amendment (GPA-57254) from
SC (Service Commercial) to M (Medium Density Residential) on 12.59 acres
located at 501 North Lamb Boulevard. The Planning Commission and staff
recommended approval.
The City Council approved a Rezoning (ZON-57255) from C-1 (Limited
Commercial) to R-3 (Medium Density Residential) on 12.59 acres located at
501 North Lamb Boulevard. The Planning Commission and staff
recommended approval.
10/17/07 A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
Pre-Application Meeting
02/10/15 &
02/19/15
Staff met with the applicant twice in order to work with them to design a
project within City of Las Vegas Code requirements. Staff provided the
applicant with design alternatives that would allow the number of units
requested to be developed meeting all code requirements. The applicant is
choosing to voluntarily not comply with code requirements. Staff strongly
encouraged the applicant to reconsider their development strategy.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
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Field Check
03/05/15 Staff visited the site and found a vacant Union Hall on the site. The property
was clean and secured.
Details of Application Request
Subject Property
West
No Applicable Special Purpose or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails Y
Project of Significant Impact (Development Impact Notification Assessment) N/A
Project of Regional Significance N/A
DEVELOPMENT STANDARDS
Standard Required/Allowed Provided Compliance
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Standard Required/Allowed Provided Compliance
Max. Building Height 55 Feet 31 Feet Y
Trash Enclosure Screened, Gated, w/ a
Roof or Trellis
Pursuant to Title 19.06.110, the following standards apply:
Landscaping and Open Space Standards
Standards
62 Trees
65 Trees
11 Trees
15 Trees
2 Trees
32 Trees
6 Trees
6 Trees
Parking Area Trees
38 Trees 32 Trees N
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
N
Y
Y
Y
Wall Height 6 to 8 Feet Adjacent to Residential 7 Feet Y*
*Variance is required for the front yard fence to exceed 5 feet in height.
Street Name
Highways Map 100 Y
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Streetscape
Standards
Required Provided Compliance
Title 19.04 Three-foot wide amenity zone Zero-foot wide amenity zone N*
Five-foot wide sidewalk Five-foot wide sidewalk Y
*The applicant is not meeting Complete Street standards for a Primary Arterial Street. However,
the Director of Public Works is authorized to allow for deviations to match existing, adjacent
streetscape standards and has done so in this case.
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Regular and Handicap Spaces Required 464 9 393 11 N
Percent Deviation Variance 14.5% N
Waivers
landscape perimeter buffer
perimeters.
required along the north, west and
south perimeters.
landscape buffer trees.
trees.
landscape trees. Denial
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ANALYSIS
The M (Medium Density Residential) land use designation of the Las Vegas Master Plan allows
for a variety of multi-family units such as plexes, townhouses, and low-density apartments up to
25.49 units per acre. At 18-units per acre, this project falls well within this requirement and the
corresponding R-3 (Medium Density Residential) zoning and is an appropriate density for the
site.
However, this project does not support the City of Las Vegas 2020 Master Plan Neighborhood
Revitalization Goal 2: Mature neighborhoods will be sustained and improved through
appropriate and selective high quality redevelopment and preservation. Specifically, Objective
2.1: To focus residential reinvestment on transitional sites within the central city area at densities
that support mass transit usage; Policy 2.1.2: That development on vacant or underutilized lots
within existing residential neighborhoods be sensitive in use and design to surrounding
development. As well as, Objective 2.2: To ensure that low density residential land uses within
mature neighborhoods can exist in close proximity to higher density residential, mixed-use, or
non-residential land uses by mitigating adverse impacts where feasible; via Policy 2.2.1: That
any higher density or mixed-use redevelopment, which is adjacent to lower density residential
development incorporate appropriate design, transition, or buffering elements, which will
mitigate adverse visual, audible, aesthetic and traffic impacts.
The reduction of the perimeter landscape buffer width and substantially reduced number of trees
and shrubs do not contribute to appropriate design, transition or buffering elements required for
this type of development in a redevelopment area where single-family residential neighborhoods
are nearby. These reductions are reflected in the requested Waiver and Exceptions applied for.
In addition, the Variance requested to allow a seven-foot high fence along the front yard will
contribute to a fort-like environment, as opposed to an inviting residential community
environment, if approved. Staff does not support this request since it is self-imposed and will not
contribute to an appropriate design transition for the area.
The development code allows for an applicant to not install required parking lot wheel stops as
long as a seven-foot wide side walk is provided when adjacent to parking lots. The applicant is
requesting a Variance to not install the parking lot wheel stops. As proposed, request is self-
imposed and can create a negative impact within the pedestrian realm, which may result in
Public Safety issues. Staff does not support this request. The seven-foot wide side walk is for
safety purposes to allow for larger vehicles to overhang the sidewalk and still provide adequate
sidewalk width to allow for safe pedestrian travel along the sidewalk without being impeded by
such vehicle overhangs if wheel stops are not provided.
The third Variance requested is to allow for a 14.5 percent reduction in the number of parking
spaces required for a 228-unit multi-family development. The applicant’s justification is that the
low income residents being targeted with this development cannot afford to own private vehicles
and therefore, the applicant should not need to provide the code required number of parking
spaces. Staff does not concur with this reasoning and does not support this request.
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The development offers future residents a 6,900 square-foot recreation building, swimming pool,
small turf area and large dog run to utilize. There is also a multi-use non-equestrian trail
adjacent to the development on the south for residence use. However, the project offers no direct
connective to the trail. Residents will be required to walk out to Lamb Boulevard in order to
access this public recreational amenity. Staff recommended the applicant provide a direct
connection to the trail, but the applicant declined citing security concerns. This paved trail is
fully developed and follows the Las Vegas Wash footprint.
Although the applicant could build up to five-story buildings, they are choosing to keep the
height to three-stories. This is primarily due to the need to install elevators if they go higher than
three-stories. The elevation of the buildings reflects a contemporary stucco aesthetic. The
primary color pallet is Desert Gray, Center Ridge and Sand Dollar for the stucco areas of the
buildings with the fascia being Black Walnut and the doors being Buffalo Herd tints. The roof
will have Newport Sun colored tiles to complete the aesthetic. Six of the ten residential
buildings will have handicap accessible units.
This project was submitted to outside agencies for comment. The Las Vegas Valley Water
District (LVVWD) responded as follows: “This parcel is currently served by LVVWD but does
not have the required backflow prevention per NAC 445A.67195. Civil and plumbing plans will
need to be submitted to LVVWD for meter sizing, available fire flow, and installation of
required backflow prevention.”
This project is expected to add about 1,596 trips per day on to Lamb Boulevard. Currently,
Lamb Boulevard is at 65 percent of capacity. Completion of this project will raise the capacity
to 68 percent. Based on peak hour use, this project will add about 149 trips or five trips every
two minutes. No adverse traffic impacts are expected with completion of this development.
The site is laid out with one ingress/egress drive aisle directly off of Lamb Boulevard. A 220-
foot long driveway with seventeen parking spaces divided on either side is provided before a
controlled entry gate for residence is encountered. This allows for adequate stacking at the gate
and for visits to arrive and park without impeding the traffic flow into and out of the
development. A crash gate is located along the north perimeter for a secondary emergency
access use. An emergency cross access agreement is conditioned to be recorded with the
adjacent property owner to the north. Parking is provided evenly throughout the development
off a circular driveway and connecting aisles. A majority of the provided parking spaces are
covered with a little over 12 percent comprising compact parking spaces in size.
Although developing additional housing opportunities for low income residents is a much needed
option in the East Las Vegas community, developing below the minimum code standards is not
appropriate. Staff worked with the applicant by proposing several alternatives to the design that
would allow the development to maintain the density required and to meet all code requirements
without the need for any Variances, Waivers or Exceptions. The applicant thanked staff for the
suggestions, but are choosing to move forward with a development that doesn’t meet minimum
code standards. Staff is recommending denial of all applications as the proposed development
fails to meet code requirements that could otherwise be met through alternative site design.
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FINDINGS (VAR-58121)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1. Permit a use in a zoning district in which the use is not allowed;
2. Vary any minimum spacing requirement between uses;
3. Relieve a hardship which is solely personal, self-created or financial in nature.”
Additionally, Title 19.16.140(L) states:
“Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property at the time of enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of
the piece of property, the strict application of any zoning regulation would result in
peculiar and exceptional practical difficulties to, or exceptional and undue hardships
upon, the owner of the property, a variance from that strict application may be granted so
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.”
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to provide fewer parking spaces than code
requirements. An alternative is to provide all the required parking spaces that would allow
conformance to the Title 19 requirements. In view of the absence of any hardships imposed by
the site’s physical characteristics, it is concluded that the applicant’s hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances.
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resolution.”
has created a self-imposed hardship by proposing a seven-foot tall front yard fence. An
alternative would be to provide a code allowed five-foot tall fence that would allow conformance
to the Title 19 requirements. In view of the absence of any hardships imposed by the site’s
physical characteristics, it is concluded that the applicant’s hardship is preferential in nature, and
it is thereby outside the realm of NRS Chapter 278 for granting of Variances.
resolution.”
has created a self-imposed hardship by not installing required parking lot wheel stops and only
installing a six-foot wide adjacent sidewalk. An alternative would be to provide the seven-foot
sidewalk that would allow conformance to the Title 19 requirements. In view of the absence of
any hardships imposed by the site’s physical characteristics, it is concluded that the applicant’s
hardship is preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for
granting of Variances.
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FINDINGS (SDR-58124)
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;
This project is not compatible with adjacent developments or the area as evidenced by the
numerous Variances, Waivers and Exceptions being requested.
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;
As proposed, this development doesn’t support three of the goals, objectives and policies
(Goal 2, Objective 2:1 and 2.2 and Policy 2.2.1) found in the 2020 Las Vegas Master Plan
Redevelopment Area. The proposed landscaping has been greatly reduced from that of
minimum code requirements, as well as a large reduction in the number of required
parking spaces is being provided.
3. Site access and circulation do not negatively impact adjacent roadways or
neighborhood traffic;
The expected number of trips generated will be able to be handled with on Lamb
Boulevard with the build-out of this project, if approved.
4. Building and landscape materials are appropriate for the area and for the City;
The building materials are appropriate for this area and multi-family projects throughout
the City. However, the greatly reduced number of landscape trees and shrubs, and the
reduction of the perimeter landscape buffer widths are not appropriate for the area.
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;
The contemporary aesthetic being presented is harmonious and compatible with the area
and will not create an unsightly or obnoxious appearance.
6. Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
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The proposed multi-family residential development will be subject to City inspections
during construction of the buildings as well as routine business license inspections to
protect the public health, safety and welfare.
NEIGHBORHOOD ASSOCIATIONS NOTIFIED 32
433 - VAR-58123 and SDR-58124
0 - VAR-58123 and SDR-58124
1 - VAR-58123 and SDR-58124
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Agenda Item No.: 37.
AGENDA SUMMARY PAGE - PLANNING
SUBJECT:
APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For possible action on a
request for a Variance TO ALLOW A SEVEN-FOOT TALL FRONT YARD FENCE WHERE
FIVE-FOOT IS THE MAXIMUM ALLOWED at 501 North Lamb Boulevard (APN 140-31-
501-021), R-3 (Medium Density Residential) Zone, Ward 3 (Coffin) [PRJ-58035]. Staff
recommends DENIAL.
RECOMMENDATION:
BACKUP DOCUMENTATION: 1. Consolidated Backup
2. 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:
HEARING - APPLICANT/OWNER: HAND PROPERTY HOLDING COMPANY - For
possible action on a request for a Variance TO ALLOW NO WHEEL STOPS WHERE
REQUIRED ADJACENT TO A SIDEWALK LESS THAN SEVEN FEET WIDE at 501 North
Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone, Ward 3
(Coffin) [PRJ-58035]. Staff recommends DENIAL.
RECOMMENDATION:
Consistent with the City’s
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SUBJECT:
58122 AND VAR-58123 - PUBLIC HEARING - APPLICANT/OWNER: HAND PROPERTY
HOLDING COMPANY - For possible action on a request for a Site Development Plan Review
FOR A PROPOSED 228-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH A
WAIVER TO ALLOW A FIVE-FOOT WIDE LANDSCAPE BUFFER WHERE SIX FEET IS
REQUIRED ALONG THE WEST, NORTH AND SOUTH PERIMETERS on 12.65 acres at
501 North Lamb Boulevard (APN 140-31-501-021), R-3 (Medium Density Residential) Zone,
Ward 3 (Coffin) [PRJ-58035]. Staff recommends DENIAL.
RECOMMENDATION:
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501 N. Lamb Boulevard
Proposed Use DESCRIPTION #UNIT
Existing traffic on all nearby streets:
Lamb Boulevard
PM Peak Hour (heaviest 60 minutes) 2,687
Bonanza Road
Stewart Avenue
Adjacent Street ADT Capacity
Lamb Boulevard 51,800
Bonanza Road 51,800
Stewart Avenue 34,500
This project is expected to add about 1,596 trips per day on Lamb Blvd., Bonanza Rd. & Stewart Ave. Currently, Lamb is at about 65 percent of capacity, Bonanza is at about 42 percent of capacity and Stewart is at about 53 percent of capacity. With this project, Lamb is expected to be at about 68 percent of capacity, Bonanza to be at about 45 percent of capacity and Stewart to be at about 58 percent of capacity.
Based on Peak Hour use, this project will add about 149 trips in the peak hour, or about five every two minutes.
Note that this report assumes all traffic from this development uses all named streets.
Agenda Item No.: 40.
AGENDA SUMMARY PAGE - PLANNING
SUBJECT:
VAR-58024 - VARIANCE - PUBLIC HEARING - APPLICANT/ OWNER: RYLAND
HOMES NEVADA, LLC - For possible action on a request for a Variance TO ALLOW A 9.5-
FOOT REAR YARD SETBACK WHERE 15 FEET IS REQUIRED on 0.07 acres at 7856
Pyramid Peak Street (APN 126-13-113-010), PD (Planned Development) Zone [ML (Medium
Low Density Residential) Cliff''s Edge Special Land Use Designation], Ward 6 (Ross) [PRJ-
57818]. Staff recommends DENIAL.
RECOMMENDATION:
BACKUP DOCUMENTATION: 1. Location and Aerial Maps
2. Conditions and Staff Report - VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-
58028, VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034
[PRJ-57818]
[PRJ-57818]
VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034 [PRJ-57818]
5. Justification Letter - VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-58028,
VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR-58033 and VAR-58034 [PRJ-57818]
6. Approval Letter from Cliff's Design Review Committee - VAR-58024, VAR-58025, VAR-
58026, VAR-58027, VAR-58028, VAR-58029, VAR-58030, VAR-58031, VAR-58032, VAR-
58033 and VAR-58034 [PRJ-57818]
VAR-58031, VAR-58032, VAR-58033 and VAR-58034 [PRJ-57818]
MR
PLANNING COMMISSION MEETING DATE: APRIL 14, 2015 DEPARTMENT: PLANNING ITEM DESCRIPTION: APPLICANT/ OWNER: RYLAND HOMES NEVADA, LLC
** STAFF RECOMMENDATION(S) **
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
conditions:
N/A
MR
** CONDITIONS **
Planning
1. Conformance to the approved conditions of approval for Tentative Map (TMP-4706).
Safety.
Planning
Safety.
MR
Planning
Safety.
Planning
Safety.
MR
Planning
Safety.
Planning
Safety.
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Planning
Safety.
Planning
Safety.
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Planning
Safety.
Planning
Safety.
MR
Planning
Safety.
MR
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance to allow a 9.5-foot rear yard setback where 15 feet is required for
11 lots within an existing single-family residential development. The site is located within a PD
(Planned Development) zoning district in the ML (Medium Low Density Residential) Cliff's
Edge Special Land Use designation. All 11 lots are within the Northern Terrace at Providence
Unit 4 subdivision. The original lot configurations were approved in 2004. The applicant wants
to provide home buyers the option to purchase larger homes than the lots were originally
designed to accommodate. One of the four model homes offered for sale within this development
fails to meet the minimum rear yard setback. Substantial evidence has not been presented to
warrant the requested variances. As such, the hardship is self-imposed and therefore, staff
recommends denial of all 11 Variance requests. If denied, all proposed structures will have to
meet current setback requirements or no building permits will be issued.
ISSUES
A 9.5-foot rear yard setback Variance is required for all 11-lots of an approved single-
family residential subdivision. Staff does not support this request.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
02/05/03
The City Council approved an Annexation (A-0035-02) request of 1,187 acres
of land generally located between Grand Teton Drive to the north, Hualapai to
the east, Puli Road to the west and Centennial Hills Parkway and the 215
Beltway to the south with an effective date of 02/14/03.
02/18/04
The City Council approved a request for a Rezoning (ZON-2184) from U
(Undeveloped) [PCD (Planned Community Development) General Plan
Designation] to PD (Planned Development) on 704 acres generally located
adjacent to the south side of Grand Teton Drive between Hualapai Way and
Puli Road. Planning Commission and staff recommended approval.
09/23/04
The Planning Commission approved a Tentative Map (TMP-4706) request for
a 930-lot single-family residential subdivision on 148 acres adjacent to the
northeast corner of Shaumber Road and Farm Road. Staff recommended
approval.
MR
Related Relevant City Actions by P&D, Fire, Bldg., etc.
07/26/05
A Final Map (FMP-9610) was recorded for a 134-lot single-family residential
subdivision on 15.05 acres adjacent to the east side of Shaumber Road and
north of Farm Road.
The Planning Commission approved a Variance (VAR-32152) request to
allow a patio cover setback of five-foot where 10 feet is required on 85 lots
within the Northern Terrace single-family subdivision. All 11 lots were part
of that request. Staff recommended denial.
Most Recent Change of Ownership
09/12/14 A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
05/31/06
Civil Improvement Plans (#9684) were approved for 48-lots of a 930-lot
single-family residential subdivision. All 11-lots were included in this plan.
The project was completed on 09/02/09.
Pre-Application Meeting
A pre-application meeting was held with the applicant’s designated
representative to discuss the submittal requirements for 11 rear yard setback
Variances.
Neighborhood Meeting
A neighborhood meeting is not required for this type of request, nor was one held.
Field Check
03/05/15 A field inspection was conducted on the subject site is a mix of single-family
residential homes and dirt residential pads.
Details of Application Request
MR
Surrounding
Property
Density Residential)
PD (Planned
PD (Planned
PD (Planned
PD (Planned
PD (Planned Development) District Y
Other Plans or Special Requirements Compliance
Trails N/A
Project of Significant Impact (Development Impact Notification Assessment) N/A
Project of Regional Significance N/A
DEVELOPMENT STANDARDS
Pursuant to Cliff’s Edge Development Plan and Design Guidelines, the following standards
apply:
50% of product width
N
ANALYSIS
Per the applicant’s justification letter, four home models will be offered for sale in this subdivision;
however, 11-lots fail to accommodate one of the four models offered for sale. The applicant is
VAR-58024, VAR-58025, VAR-58026, VAR-58027, VAR-58028, VAR-58029, VAR-58030,
MR
proposing to offer home buyer the option to buy a two-story residential dwelling (approximately
2,311 square feet) 6.5 feet inside the required rear setback of 15 feet. All 11 Variance
applications are for interior regular shaped lots. The proposed model home is bigger than the lots
were designed to accommodate, and as such cannot be constructed in a manner that is
harmonious with the sounding area.
Pursuant to Cliff’s Edge Master Development Plan and Design Guidelines Section 9.2, “The Master
Developer has the sole responsibility to enforce the Design Guidelines for Low Density
Residential, Medium Low Density Residential and Residential Small Lot developments. The
Master Developer shall review those developments and report to the City of Las Vegas prior to
the City processing any building permit or subdivision map applications.” The Master Developer
was notified of the requested setback deviation, and a Master Developer approval letter for the
reduced setback was received.
The Cliff’s Edge Master Development Plan and Design Guidelines Section 3.2.5 (for Medium Low
and Low Density Residential) set the rear setback for an interior lot to be 15 feet, except that a
setback of 10 feet is allowed for up to 50 percent of the product width. All of the lots are not unique
in shape or size and they do not have exceptional topographic conditions or other extraordinary
and exceptional situation. This proposed housing model fails to meet the minimum setback
requirement; therefore, staff recommends denial. If denied, all proposed structures will have to
meet current setback requirements or no building permits will be issued.
resolution.”
MR
The lot is not unique in shape and no evidence of a rare or extraordinary circumstance has been
presented, in that the applicant has created a self-imposed hardship by proposing to construct a
residential dwelling that is bigger than the lot was designed to accommodate. Alternatively the
applicant can offer for sale the three smaller approved residential models or propose additional
home models that are conformance to the Cliff’s Edge Master Development Plan and Design
Guidelines requirements. In view of the absence of any hardships imposed by the site’s physical
characteristics, it is concluded that the applicant’s hardship is preferential in nature, and it is
thereby outside the realm of NRS Chapter 278 for granting of Variances.
resolution.”
MR
resolution.”
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resolution.”
resolution.”
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resolution.”
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resolution.”
resolution.”
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resolution.”
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resolution.”
resolution.”
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NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24
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