01/05/06 PC AGENDA SHEET

resort hotel las vegas blvd s/Desert Inn SUPER ARTERIAL

RENOVATION

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-1612-05 - RUFFIN GAMING, LLC, ET AL:

USE PERMITS for the following: 1) renovation of an existing resort hotel/casino (New Frontier) consisting of hotel/time share condominium rooms, casino areas, decorative water features, outdoor theme entertainment areas, theme structures and facades, showrooms, shopping areas, restaurants, bars, office and administrative areas, convention facilities, back-of-house areas, mechanical areas, amusement rides, and parking structures; 2) increase building height; 3) outdoor dining facilities and on-premise consumption of alcohol; 4) live entertainment; and 5) deviations as shown per plans on file.

DEVIATIONS for the following: 1) reduce parking; 2) permit roof signs; 3) provide alternative landscaping; 4) encroachment into airspace; and 5) all other deviations as shown per plans on file.

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduce the 3:1 setback for the Ferris wheel; 2) reduce setback from right-of way for the Ferris Wheel; and 3) reduce setbacks from rights-of-way for structures including decorative water features, private pedestrian bridges, stairs, rails, fountains, architectural features, elements, and other associated/accessory structures.

DESIGN REVIEW for the redesign of the overall resort hotel complex on a total of 38.2 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.

Generally located on the south side of Desert Inn Super Arterial and the west side of Las Vegas Boulevard South within Winchester and Paradise. MW/gt/ka

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RELATED INFORMATION:

APN:

162-09-403-001 & 002; 162-16-101-004 & 006

USE PERMITS:

1. Renovate an existing resort hotel/casino (New Frontier) consisting of a 62 story tower with 2,771 hotel/time share and condominium rooms, casino areas, decorative water features, theme entertainment areas, theme structures and facades, showrooms, shopping areas, restaurants, bars, office and administrative areas, convention facilities, back-of-house areas, mechanical areas, amusement rides, and parking structures.

2. Increase building height to 671 feet where a maximum of 100 feet is permitted.

3. Permit outdoor dining facilities and on-premise consumption of alcohol.

4. Permit live entertainment.

5. Permit deviations as shown per plans on file.

DEVIATIONS:

1. Reduce parking to 5,533 parking spaces where 7,695 parking spaces are required (a 28.1% reduction).

2. Permit roof signs where not allowed.

3. Provide alternative landscaping and pedestrian circulation as shown on plans along street frontages.

4. Encroachment into airspace.

5. All other deviations as shown per plans on file.

WAIVERS OF DEVELOPMENT STANDARDS:

1. Reduce the 3:1 setback from Las Vegas Boulevard South for the Ferris wheel to 20 feet where a minimum of 83 feet is required (a 78.8% reduction).

2. Reduce the Ferris wheel setback from the Las Vegas Boulevard South right-of-way to 20 feet from back of curb where a minimum of 25 feet from back of curb or 10 feet back of property line, whichever is greater is required.

3. Reduce setbacks from rights-of-way for structures including decorative water features, private pedestrian bridges, stairs, rails, fountains, architectural features, elements, and other associated/accessory structures to zero feet where a minimum of 10 feet is required.

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

The plans depict a 62 story, 671 foot high, 2,771 room hotel and casino complex, which will replace the existing Frontier Hotel and Casino. Access to the site will be from Industrial Road and Fashion Show Drive. There will be a 9 level (including one sub-grade level), 138 foot high (to top of parapet walls), 5,533 space parking garage located adjacent to the Desert Inn Road frontage. The casino as indicated on plans totals 103,697 square feet, approximately 255,000 square feet of convention facilities, and various areas throughout the resort hotel for bars, restaurants, lounges, retail, and related areas. A total of 4 signs are requested with this application, 2 of which are mounted along the eave line of the tower, and 2 others mounted at the top of the low-rise podium building. The plans indicate a 500 foot high Ferris wheel which will be located in front of the hotel near the corner of Las Vegas Boulevard South and Desert Inn Road. The Ferris wheel is designed to respond to wind and other weather conditions. There are 32 specially designed passenger capsules, each able to hold up to 25 people comfortably. The capsules are fully enclosed, mounted on the outside of the wheel, and motorized. The overall structure is supported by an A frame which is asymmetrically mounted on one side only. Passengers can walk freely around inside the capsules which are kept level by a motorized motion stability system. Seating is provided and all capsules are climate controlled to provide passengers with a comfortable ride. In addition, each capsule contains audio/visual systems to maintain contact with equipment operators on the ground. The plans depict the Ferris wheel setback at 20 feet from the Las Vegas Boulevard South back of curb at its closest point, which is 256 feet above the ground. A major water feature is located at the corner of Las Vegas Boulevard South and Fashion Show Drive. A private pedestrian bridge across Fashion Show Drive connects this site to the Fashion Show Mall to the south. The hotel high rise will be set back approximately 300 feet from the Las Vegas Boulevard South right-of-way. The main entrance into the hotel/casino is from Fashion Show Drive. The closest portion of the existing building is approximately 43 feet from the Las Vegas Boulevard South right-of-way. A continuous exterior walkway is contained within the pedestrian realm along Las Vegas Boulevard South. This pedestrian realm varies in width from approximately 43 feet to nearly 80 feet. Landscaping and patio areas within the pedestrian realm are ample to provide opportunities for pedestrians and patrons to sit and enjoy the atmosphere of this portion of the resort. Approvals of signage other than those mounted on the roof are not a part of this application.

Prior Land Use Requests

UC-1167-01 and UC-1891-99 previously approved this site for renovation as a project of regional significance under a different theme (City by the Bay) in October 2001 and November 1999, respectively. The subject property is currently developed as the existing New Frontier Resort Hotel with H-1 zoning established by the Board of County Commissioners during the 1950s.

Surrounding Zoning and Land Use

The property is surrounded by H-1 zoned properties with resort hotels on the adjacent properties to the north and east. The adjacent property to the south is the Fashion Show Mall. The property to the west contains an existing office building and is developed with M-1 zoned uses across Industrial Road.

STANDARDS FOR APPROVAL:

The applicant shall demonstrate that the proposed request meets the goals and purposes of Title 30.

Analysis

Current Planning

Staff finds the revised design to be consistent with other themed resort designs, and similar to the previously approved project on this site. The Winchester/Paradise Land Use Plan promotes developments that will provide attractive streetscape themes and designs along major arterial and collector streets. This project will bring another unique, yet attractive venue for hotel visitors and motorists traveling along Las Vegas Boulevard South (LVBS), in keeping with the existing Treasure Island (TI) and Mirage Resorts to the south across Spring Mountain Road on this side of the street, as well as the Wynn Las Vegas resort hotel on the other side of The Strip. The incorporated observation wheel structure will bring another landmark for visitors to The Strip. Furthermore, this plan is similar to the concept plan previously approved on this site. The applicant wishes to amend the previous approvals to retain the project of regional significance status for the property. Setbacks for the hotel tower along Las Vegas Boulevard South make sense for a project of this scale. All other deviations and waivers of development standards as listed in this application, with the exception of the 3:1 setback and street setback for the Ferris wheel are also reasonable. Staff cannot support a nearly 80% reduction in the setback for this structure. The approval of this plan will also give an opportunity to terminate most, if not all of the existing off-premise advertising signs along the Desert Inn Super Arterial with completed construction of the resort hotel and associated facilities in this application. Staff also finds that a minimum 10 foot wide pedestrian sidewalk is provided as an alternative route around the walk through lobby as depicted on plans along Las Vegas Boulevard South.

Department of Aviation

Due to the height of the proposed building, the development will penetrate the 100:1 notification airspace surface and or the Part 77 airspace surface. Therefore, the Board of County Commissioners may delay action on this land use application until a valid FAA airspace determination has been received and the Department of Aviation has had an opportunity to review the determination.

The property lies just outside the 1997 AE-60 (60-65 DNL) noise contour for the McCarran International Airport, and is subject to potentially significant aircraft noise. Future demand for air travel and airport operations is expected to increase significantly. Clark County intends to continue to upgrade the McCarran International Airport facilities to meet future air traffic demand.

Staff Recommendation

Approval of the use permits, deviations, waiver of development standards #3, and design review; and denial of waiver of development standards #1 (Ferris wheel 3:1 setback ratio), and #2 (Ferris wheel special setback on LVBS).

If this request is approved, the Board and/or Commission finds that the application is consistent with the standards and purpose enumerated in the Comprehensive Plan, Title 30, and/or the Nevada Revised Statutes.

PRELIMINARY STAFF CONDITIONS:

Current Planning

If approved:

1. Provide landscaping treatments as depicted on plans dated 12/5/05;

2. All applicable standard conditions for this application type.

3. Applicant is advised that all water features must comply with code requirements; approval of signage is not a part of this application any change in circumstances or regulations may be justification for the denial of an extension of time; and that this application must commence within 2 years of approval date or it will expire.

Civil Engineering

1. Dedicate right-of-way and construct the following improvements: (a) a fourth southbound through lane on Las Vegas Boulevard South along the projects frontage, (b) subject to concurrence by the Regional Transportation Commission, a bus turnout along the projects frontage on Las Vegas Boulevard South, (c) an exclusive southbound right turn lane on Las Vegas Boulevard South for any project driveways constructed on that street;

2. Applicant needs to keep a certain flexibility in the design of the project to accommodate a 50 foot wide right-of-way for a public people mover system in a north-south general direction along the propertys east property line if the Regional Transportation Commission ultimately deems such a feature to be the best solution for congestion in the Resort Corridor;

3. Developer to participate in the cost of the future pedestrian grade separation system at the intersection of Las Vegas Boulevard South and Spring Mountain Road;

4. Traffic study and compliance with the amount of participation to be determined by the traffic study;

5. Traffic study to include the following: (a) evaluation of traffic control needs and the determination of contributory shares of future traffic control devices, costs, and measures, (b) evaluation of access and circulation patterns proposed, (c) evaluation of roadway capacities present and future with compliance, (d) pedestrian safety needs, (e) determination of lane configurations at proposed project access points necessary to accommodate projected traffic volumes, (f) determine the required width of all public access walkway segments so that a minimum Level of Service C is achieved under peak pedestrian volumes (the minimum walkway width on Las Vegas Boulevard South is to be 10 feet), (g) turnover analysis for the porte-cochere and recommendation of mitigation measures if applicable, (h) impacts to Regional Air Quality due to traffic generated by this development, (i) identification and implementation of Traffic Demand Management and Transportation System Management measures, with a follow up study and presentation to the Board of County Commissioners within one year of opening to the public;

6. Traffic study to include a traffic impact mitigation plan to be reviewed by the staffs of the Clark County Regional Transportation Commission, Las Vegas Area Computer Traffic System, and the Clark County Traffic Management Division, and be approved by the Board of County Commissioners;

7. Full off-sites and/or provide right-of-way or easements and/or construct improvements as required by the accepted traffic study and streetlight system along the projects frontage on Las Vegas Boulevard South shall be constructed to meet current County standards or an acceptable equivalent;

8. Drainage study and compliance;

9. Any applicable vacations to be recordable prior to building permit issuance and/or applicable map submittal. /ka

Department of Aviation

1. No building permits shall be released for the project prior to the Department of Aviation notifying Zoning Plan Check that the applicant has received all necessary airspace approvals;

2. File a valid Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction or Alteration" with the FAA in accordance with 14 CFR Part 77;

3. Alternatively, the applicant may submit to the Director of Aviation a "Property Owner's Shielding Determination Statement" and request written concurrence from the Department of Aviation;

4. Applicant must also receive either a permit from the Director of Aviation or a variance from the Airport Hazard Areas Board of Adjustment (AHABA) prior to construction as required by Section 30.48.120 of the Clark County Unified Development Code.

5. Applicant is advised that the FAA's determination is advisory in nature and does not guarantee the Director's permit or an AHABA variance will be approved; and that a standard condition of approval for a Director's permit or an AHABA variance is the granting of an avigation easement; issuing a stand-alone noise disclosure statement to the purchaser or renter of each residential unit in the proposed development and to forward the completed and recorded noise disclosure statements to the Department of Aviation's Noise Office is strongly encouraged; the Federal Aviation Administration (FAA) will no longer approve remedial noise mitigation measures for incompatible development impacted by aircraft operations which was constructed after October 1, 1998; and that funds will not be available in the future should the residents wish to have their homes purchased or soundproofed.

TAB/CAC:

APPROVALS:

PROTESTS:

APPLICANT: Paul Steelman Design Group

CONTACT: Robert A. Murphy, 3330 West Desert Inn Road, Las Vegas, NV 89102

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