03/22/06 BCC AGENDA SHEET

RESIDENTIAL CONDOMINIUM/ SANDS AVE/PARADISE RD

COMMERCIAL EXPANSION

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-0042-06 3800 HHP, LLC ET AL:

USE PERMITS for the following: 1) condominiums; 2) a hotel; 3) a spa/health club; 4) a restaurant; 5) shopping center uses; 6) on-premise consumption of alcohol; 7) increase building heights; and 8) a non-operating water feature (fountain).

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduce parking; and 2) reduce the setback required from arterial streets.

DESIGN REVIEW for a hotel and condominium complex for expansion of a previously approved residential/retail complex (Howard Hughes Center) on 10.0 acres in an H-1 (Limited Resort and Apartment) Zone within the MUD-1 Design Overlay.

Generally located on the south side of Sands Avenue between Paradise Road and Howard Hughes Parkway within Paradise. MW/tc/ka

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RELATED INFORMATION:

APN:

162-16-712-002, 003 ptn, 004, & 005

USE PERMITS:

1. Permit residential condominiums.

2. Permit a hotel.

3. Permit a spa/health club.

4. Permit a restaurant.

5. Permit shopping center uses.

6. Permit on-premise consumption of alcohol.

7. Increase building heights up to 268 feet where 100 feet is the standard.

8. Permit a non-operating water feature (fountain).

WAIVERS OF DEVELOPMENT STANDARDS:

1. Reduce parking to 820 spaces where 1,148 parking spaces are required, (a 29% reduction).

2. Reduce the setback from arterial streets to 82 feet where a 90 foot setback is required by the height setback ratio.


MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

This site is currently developed with a 3 story office building that will be removed for this development. The plans depict a proposed expansion in the Howard Hughes Center that includes 492 condominium units in 6 residential towers at a density of 48.4 dwelling units per acre. The proposed height of each tower is 268 feet at a maximum of 22 stories. Included in the project is a proposed 100 unit upscale hotel with spa, restaurant/on-premise consumption of alcohol, and associated retail uses. Additionally a row of residential condominium units will be located in a podium level along Howard Hughes Parkway. The six residential towers are distributed in a circular pattern around the site and the hotel is located in the central portion of the development. The applicant is providing 261,344 square feet of usable open space where 147,233 square feet of open space and 51,532 square feet of usable open space is required. The majority of the open space is provided in the northern portion of the site with additional open space located throughout the site. The development provides 820 parking spaces where 1,148 parking spaces are required. Mature landscaping along Paradise Road and Sands Avenue is to be retained with walkways leading through the xeriscaped pedestrian realm from Sands Avenue through the site. A new 3 story parking structure is planned at the southeast corner of the project site with an entry from Paradise Road and another access is shown into the complex from Howard Hughes Parkway on the west. The recreational and lobby areas are located primarily on the first level of the hotel building. The elevation plans submitted depict that the buildings will be constructed with pre-cast concrete wall systems and non-reflective glass panels. Balconies are shown on all sides of the buildings. The floor plans submitted depict a variety of unit sizes ranging from 600 square feet for the one bedroom units up to 3,300 square feet for the 3 bedroom units. The applicant indicates that this project is appropriate for this area because of its proximity to the Las Vegas Strip and the convention center. The submitted parking study indicates that the parking as proposed will meet the needs of the development with 615 parking spaces dedicated for the 492 condominium owners, and executing a parking agreement with the Howard Hughes Center to allocate an excess of 44 spaces in the 3 existing parking structures for employee parking.

Prior Land Use Requests

This portion of the Howard Hughes Center was approved by action of UC-91-85 in April 1985. Many additional applications are on record for this development.

Surrounding Zoning and Land Use

To the north across Sands Avenue is the Las Vegas Chamber of Commerce Building and the 114 acre Wynn Golf Course, both zoned H-1. To the south is the Wells Fargo Building, and additional office buildings within the Howard Hughes Center. To the east across Paradise Road are commercial uses and apartments zoned H-1, C-P, and R-5. To the west are office buildings zoned H-1 that are also located in the Howard Hughes Center.

STANDARDS FOR APPROVAL:

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

Analysis

Current Planning

The parking study submitted with the application justifies the reduction in parking in its analysis of the existing demands for parking within the center and the demands of the development. The setback waiver for the height setback ratio is minimal; therefore, staff can support the requested waivers.

This project is the continuation of a previously approved mixed-use development (Howard Hughes Center) and is appropriate and compatible with approved, developing, and future planned land uses for the area. The subject site and surrounding environs are within the MUD-1 Overlay District, which was envisioned as appropriate for mixed-use developments because of proximity to the resort corridor and the Las Vegas Convention Center. Staff, therefore, can support the use permits and design review portion of the request. This project will be a catalyst to encourage similar developments in the area. Although this application does not meet the criteria to be considered a project of regional significance, it will have a significant impact on the area to warrant final approval by the Board of County Commissioners.

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 within the major flight corridor and the 1997 AE-60 (60-65 DNL) noise contour for McCarran International Airport and is subject to continuing aircraft noise and over-flights. Future demand for air travel and airport operations is expected to increase significantly. Clark County intends to continue to upgrade McCarran International facilities to meet future air traffic demand.

Staff Recommendation

Approval. This item has been forwarded to the Board of County Commissioners 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.

TAB/CAC: Paradise Town Board approved.

APPROVALS:

PROTESTS:

PLANNING COMMISSION ACTION: February 23, 2006 APPROVED Vote: Unanimous Absent: Watson

Current Planning

A shared use parking agreement for the site as a whole with the 3 adjacent parking garages to provide for 44 spaces for the employees of the hotel/retail uses;

All applicable standard conditions for this application type.

Applicant is advised that any change in circumstances or regulations may be justification for the denial of an extension of time; 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; and that this application must commence within 2 years of approval date or it will expire.

Civil Engineering

Right-of-way dedication to include an additional 10 feet for Paradise Road;

Dedicate right-of-ways and grant easements and/or construct improvements as required by the traffic study;

Drainage and traffic studies and compliance;

Traffic study to also address the dedication and construction of bus turnouts including passenger loading/shelter areas in accordance with Regional Transportation Commission standards;

Traffic study to address ultimate build-out of the mixed-use development north of Harmon Avenue, south of Desert Inn Road, west of Maryland Parkway and east to Las Vegas Boulevard;

Traffic study to address: a) traffic signal coordination, b) turn lanes, c)queuing lengths, d) roadway spacing, e) existing and anticipated operational and safety issues, and f) recommended mitigation measures;

Traffic study to analyze the peak hour traffic volumes unique to Paradise Road;

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;

Traffic study and compliance to also include: a) evaluation of traffic control needs and the determination of contributory shares of future traffic control devises, costs, and measurers, 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 configuration at proposed access points necessary to accommodate projected traffic volumes, f) impact to regional air quality due to traffic generated by this development, and g) impact mitigation plan to be reviewed by the staffs of the Clark County Regional Transportation Commission, Freeway and Arterial System of Transportation (FAST), Clark County Traffic Management Division and Clark County Civil Engineering Division;

Public walkway access segments to maintain a minimum Level of Services C with a minimum effective sidewalk of 10 feet adjacent to the project site;

Turnover analysis for the port-cohere and recommendation of mitigation measures as applicable with developer providing on-way curbside drop-off/pick-up areas only on private streets;

Reconstruct any unused driveways with full off-sites;

Traffic study to also address the need for additional turn lanes at all intersections;

Traffic study to also address additional right-of-way dedication on Sands Avenue.

Department of Aviation

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;

Applicant must issue a noise disclosure from to be recorded against the land by the developer and a copy provided to be provided to future buyers separate from other escrow documents;

A map to be provided by the Department of Aviation to the developer that highlights the project location and associated flight tracks shall be included as part of the noise disclosure notice;

Incorporate an exterior to interior noise level reduction of 30 decibels into the building construction;

Passive activity areas, designed for the quiet and peaceful enjoyment by the residents, must be enclosed;

Applicant is required to 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;

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;

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.

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; a standard condition of approval for a Director's permit or an AHABA variance is the granting of an avigation easement; 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.

APPLICANT: East West Partners

CONTACT: Chris Kaempfer, Kummer Kaempfer Bonner Renshaw & Ferrario, 3800 Howard Hughes Parkway, 7th Floor, Las Vegas, NV 89109-0925

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