(TITLE 30)




USE PERMITS for the following: 1) revisions to a previously approved resort hotel (Encore); 2) public areas including all casino areas, showrooms, live entertainment areas, shopping center areas, indoor and outdoor dining areas, offices, meeting and convention areas, and back-of-house areas, parking garages, and all associated accessory and incidental commercial uses, building structures, and other uses; 3) increase the height of the high-rise tower; and 4) deviations from development standards.

DEVIATIONS for the following: 1) reduce the height setback ratio adjacent to arterial streets; 2) reduce on-site parking requirements; and 3) all other deviations as shown on plans in file.

DESIGN REVIEWS for the following: 1) a resort hotel (Encore); 2) a high-rise hotel tower with accessory low rise buildings; 3) buildings with metal roofing and domes; 4) allow tandem parking; and 5) all other accessory building, structures, and central plant all in conjunction with an existing resort hotel (Wynn Las Vegas) on portions of 54.4 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.

Generally located on the southeast corner of Las Vegas Boulevard South and Desert Inn Super Arterial within Paradise and Winchester. MW/lo/pg





162-09-410-001; 162-16-113-005; 162-16-510-003 thru 008; 162-16-511-009 & 010; 162-16-610-004 & 005


1. Permit revisions to a previously approved resort hotel and increase the number of rooms to 2,049 (previously approved for 1,757 rooms).

2. Permit public areas totaling 275,000 square feet including a 45,000 square foot casino area, showrooms, live entertainment areas, 40,000 square feet of shopping areas, 36,000 square feet of spa/salon areas, indoor and outdoor dining area, 100,000 square feet of pool deck with cabanas, offices, meeting and convention areas, and back-of-house areas, parking garages, and all associated accessory and incidental, commercial uses, buildings structures, and other uses.

3. Increase the height of the high-rise tower to 631 feet where 100 feet is the standard (previously approved at 656 feet).

4. Permit deviations from development standards.


1. a. Reduce the height setback ratio adjacent to an arterial street to 183 feet where a 192 foot setback is required adjacent to the Desert Inn Super Arterial (a 4.7% reduction) where previously approved at a 180 foot reduction where a 224 foot setback was required (a 19.6% reduction).

b. Reduce the height setback ratio along an arterial street to 185 feet where 208.6 feet is required adjacent to Las Vegas Boulevard South (an 11.3% reduction) where previously approved at a 180 foot reduction where 267 feet was required (a 32.5% reduction).

2. a. Reduce on-site parking for the both resorts Encore and Wynn Las Vegas to 7,795 parking spaces where 8,004 parking spaces are required (a 2.6% reduction).

b. Permit tandem parking spaces to be 8 feet wide and 18 feet long where 9 feet wide and 18 feet long spaces are the standard.

3. Permit all other deviations as shown on plans in file.




Project Description

The originally approved plans for the resort depicted a resort hotel composed of a 61 story, 656 foot high, 1,745 room resort hotel tower with 647,000 square feet of casino floor area, a 50,029 square foot convention center, and assorted ancillary commercial uses. The revised plans depict a 631 foot high tower with 2,049 rooms and suites, and 275,000 square feet of public areas which is connected to the northern portion of the existing resort. The elevation plans depict that the hotel tower is of a similar architectural style with a tinted bronze glass and beige banding consistent with the design and color scheme of the resort. The tower of the existing resort is located southeast of the proposed tower and was approved at a height of 614 feet. The special street intrusions are for the primary tower and only affect the top floors of the structure. The hotel tower will be on top of low-rise towers that are up to 10 stories and designed with metal roof domes. Behind the main resort tower to the east will be a low-rise building with luxury hotel suites surrounding the proposed pool area with cabana and live entertainment areas. The low-rise building will consist of shopping and restaurant areas providing outside dining, retail spaces, bars, and other ancillary commercial uses. Three access points are depicted from Las Vegas Boulevard South to the main portions of the site as well as the parking garage, which is located east of the tower. The applicant indicates that the existing parking structure known as the Desert Inn parking garage will be demolished at a later date when the proposed parking structure designated for the subject resort is completed. A total of 2,669 parking spaces are required for the proposed resort. The total required parking for the existing resort combined with the proposed resort is 8,004 parking spaces. A total of 7,795 parking spaces are proposed for both resorts resulting in a reduction of 2.6%. A pedestrian realm as defined per Title 30.48 (Part J) is provided along the Las Vegas Boulevard South frontage. The approved off-site parking located south across Sands Avenue is not included in the parking counts for either the existing Wynn Las Vegas Resort or the proposed Encore @ Wynn.

Prior Land Use Requests

UC-1606-04 originally approved the resort, which is the second phase of the resort property on the site in November 2004. A subsequent request, UC-0565-05, to approve revisions to the proposed resort was withdrawn in October 2005. A recent application, UC-1333-05, approved in October 2005 for a proposed expansion that included a theater, which will not be constructed as part of that application because the use is accommodated in this request. UC-0897-01 approved a request to convert a portion of the existing Desert Inn Resort building into offices and an art gallery in August 2001. UC-1685-02 approved the refurbishment/redesign of the golf course in December 2002, a portion of which is included in the development area of the subject resort. UC-1471-03 was approved in October 2003 to permit the architectural design and a height of 614 feet for the Wynn Las Vegas resort hotel tower on this site.

Surrounding Zoning and Land Use

Properties located to the north and west across Las Vegas Boulevard South and the Desert Inn Super Arterial are zoned H-1 with existing hotel/resorts and commercial centers, including the Fashion Show Mall. To the north and east are other H-1 zoned portions of the subject resort property, and a number of existing single family residences and vacant lots within the Desert Inn Country Club Estates zoned H-1 and R-1. South across Sands Avenue are H-1 zoned properties developed as commercial uses and resort hotels.


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


Current Planning

The proposed revisions to the previously approved resort are consistent with similar developments along Las Vegas Boulevard South. The project is appropriate and compatible with the existing resort in the development area and the The Strip. Staff has no objection to the reduction in setback for Desert Inn Road since portions of the right-of-way are depressed and at a lower grade than the resort. Staff can support the proposed reductions to the to the height setback ratios along Las Vegas Boulevard South because this request is less than the previous application and the encroachments requested are at the higher levels of the high-rise tower and for a relatively small portion of the tower, which will not impact pedestrian and vehicular traffic. Additionally, all the low-rise buildings do comply with the required setbacks. The typical reduction in parking approved for resorts within the resort corridor ranges from 12% to 30%; therefore, a 2.6 % reduction is lower than the typical approvals for other resort hotel projects. Therefore, staff has no objection to the request.

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.

Staff Recommendation

Approval. This is a Project of Regional Significance and will be forwarded to the Board of County Commissioners on February 22, 2006 for final action.

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.


Current Planning

1. Record a perpetual cross access, ingress/egress, and parking easements with the Wynn Las Vegas Resort;

2. Pedestrian realm per Title 30.48 (Part J) along the Las Vegas Boulevard South street frontage;

3. All applicable standard conditions for this application type.

4. Applicant is advised that approval of this use permit only approves any relaxed standards that depart from the development and improvement standards required by Title 30 provided such relaxed standards completely comply with the approved plans on file; approval of this application does not constitute or imply approval of a liquor or gaming license or any other County issued permit, license, or approval; 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. Right-of-way dedication to include right-of-way for and constructing a fourth northbound through lane on Las Vegas Boulevard South from the entrance to the south parking garage to Desert Inn Road, right-of-way for bus turnouts on Las Vegas Boulevard South as determined by Clark County and Regional Transportation Commission, and any additional right-of-way dedication which may be required per the approved traffic study;

2. Traffic study and compliance;

3. Traffic study to be prepared by the developer and accepted by the County of Clark, Nevada Department of Transportation, Las Vegas Area Computer Traffic Systems, and Regional Transportation Commission before permits are issued for any new development on the project site;

4. Traffic study must also address the anticipated land uses of the entire site when it is fully built and include at a minimum;

5. The traffic study to also include evaluation of traffic control needs and determination of contributory shares of future traffic control devices, costs, and measures, evaluation of access and circulation patterns proposed, evaluation of roadway capacities present and future with compliance, pedestrian safety needs, determination of lane configurations at proposed project access points necessary to accommodate projected traffic volumes, required walkway widths needed to accommodate the anticipated peak pedestrian flow at Level of Service C or better, unobstructed pedestrian implementation of traffic demand management and transportation system management measures, and impacts to regional air quality due to traffic generated by this development;

6. Turnover analysis for porte-cochere and recommendation of mitigation measures as applicable;

7. Physical improvements identified in the traffic study needed to accommodate vehicular and pedestrian volumes generated by the project may require right-of-way dedication to the County;

8. The streetlight system along the projects frontage on Las Vegas Boulevard South shall be constructed to meet current County standards or an acceptable equivalent;

9. If the project requires modification to the median island, the applicant will be required to coordinate the modifications with the Clark County Beautification Project and relocate and/or replace landscaping as per the policy adopted by the Board of County Commissioners;

10. Construct full off-site improvements unless a future agreement between the applicant and the County modifies this requirement;

11. Drainage study and compliance;

12. 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.




APPLICANT: Encore @ Wynn Las Vegas

CONTACT: Deruyter Butler, 680 Pilot Road, Suite 1, Las Vegas, NV 89119

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