006/06/07 BCC AGENDA SHEET

resort condominiums las vegas blvd s/mandalay bay rd

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-0924-06 RAMPARTS, INC:

HOLDOVER USE PERMITS for the following: 1) resort condominiums in conjunction with an existing resort hotel (Luxor); 2) increased building height; 3) associated accessory and incidental commercial uses, buildings, and structures; and 4) deviations from development standards.

DEVIATIONS for the following: 1) reduce the on-site parking requirements during construction; 2) reduce the number of loading spaces; 3) encroachment into airspace; and 4) all other deviations as shown on plans in file.

WAIVER OF DEVELOPMENT STANDARDS to reduce the setback for canopy and shade structures.

DESIGN REVIEWS for the following: 1) a 520 foot tall, high-rise resort condominium tower including kitchens in rooms; 2) non-standard building materials (fabric on canopies); and 3) all associated accessory uses, recreational areas, decorative water features and open space on 4.0 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.

Generally located on the west side of Las Vegas Boulevard South and the north side of Mandalay Bay Road within Paradise. RR/am/jw

______________________________________________________________________________

______________________________________________________________________________

RELATED INFORMATION:

APN:

162-29-601-006 & 008

USE PERMITS:

1. To allow for 1,344 resort condominiums.

2. Allow for a building height of 520 feet where 100 feet is the standard.

3. Allow for accessory uses including commercial/retail, restaurants, convention center area and meeting rooms, and recreational areas.

4. Deviations from development standards.

DEVIATIONS:

1. To reduce the number of parking spaces by 358 spaces at the Luxor Resort Hotel temporarily during the construction of this new resort condominium tower.

2. To reduce the number of loading spaces for this project from 16 spaces to 4 loading spaces (a 75% reduction).

3. Encroachment into airspace.

4. All other deviations as shown on plans in file.


WAIVER OF DEVELOPMENT STANDARDS:

To reduce the setback along Las Vegas Boulevard South for shade structures and canopies to zero feet where 10 feet is the standard (a 100% reduction).

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

The plans are for a 520 foot tall, high-rise tower with 1,344 resort condominiums including kitchens to be known as The Place. In addition to the resort condominium units, the project will include 35,615 square feet of commercial/retail space, 170,270 square feet of back-of-house and meeting rooms, 54,750 square feet of recreational areas on the recreation level, and an additional 74,750 square feet of open space. Although located on the same site as the Luxor, the new tower will be reminiscent of the Mandalay Bay design with exterior walls primarily being non-reflective glass. Closest to Las Vegas Boulevard South is a podium level of the project having a height of 65 feet, and will include the 6 level parking structure with the recreation deck provided on the rooftop, which will include several pool areas, landscaping, bars, and cabanas. The tower associated with the project is set back from Las Vegas Boulevard South greater than 200 feet, thereby meeting the 1:3 street setback from Las Vegas Boulevard South. On the west side of the building will be a second story pedestrian bridge that will connect The Place to the Mandalay Bay Place shopping center. Because this project is associated with the resort hotel on the same site, the project has been parked at the requirements for accessory uses to a resort hotel. As required by Title 30, 718 parking spaces are required where 874 parking spaces are being provided. Because 358 parking spaces associated with the Luxor Resort/Hotel will be lost with the construction of the new building, the applicant is replacing that number with 366 parking spaces for a grand total of 1,240 spaces being provided in a new on-site parking garage.

A densely landscaped pedestrian realm is provided along Las Vegas Boulevard South, and wraps the corner of the intersection of Mandalay Bay Road, and will include a 10 foot wide detached sidewalk on Las Vegas Boulevard South with the sidewalk becoming attached on Mandalay Bay Road. Elements included in the pedestrian realm are vegetation, 3 small water wall features with small pools each having 15 square feet, decorative waste receptacles, seating areas, and pedestrian shade structures. Because these tensile fabric pedestrian shade structures are proposed to cover areas of the sidewalk along Las Vegas Boulevard South, a waiver of development standards to reduce the front yard setback has been submitted. A porte-cochere is provided on the south side of the site with access being provided from Mandalay Bay Road, and will include a decorative water feature with an area of 256 square feet. The existing tram line will be removed and realigned to accommodate this project.

Prior Land Use Requests

UC-1219-03 was a request for outdoor decorative water features that was withdrawn. TM-0374-01 was a 2 lot commercial subdivision that received approval from the Planning Commission (PC) in January 2002. WS-1301-01 was approved by the PC in November 2001 to reduce setbacks, waive parking requirements, and allow non-standard parking spaces in association with the Mandalay Bay Resort. UC-1469-98 was approved by the PC in October 1998 to allow for additions to a previously approved hotel/casino which includes a parking structure, parking lots, and architectural features. Extensions of time were approved in October 1999, UC-1469-98 (ET-0366-99), and again in November 2001, UC-1469-98 (ET-0360-01), subject to 3 additional years. UC-1322-98 was approved in September 1997 for a new 30 story, 350 foot tall, 500 room time share high-rise tower. UC-0697-98 was approved by the PC in June 1998, to allow for additions to an already approved hotel/casino, and reduce the setback of the building to Las Vegas Boulevard South. UC-0067-97 was approved by the PC in February 1997 for a 4 level parking garage which included temporary waivers for parking, with an extension of time approved in February 1998, UC-0067-97 (ET-0038-98). UC-0232-96 was approved by the PC in May 1996 for an addition to an existing resort hotel and for an elevated pedestrian walkway.

Surrounding Zoning and Land Use

To the north and south are developed parcels zoned H-1, with accessory structures, uses, and parking lots associated with the Luxor zoned H-1. To the east across Las Vegas Boulevard South is an undeveloped parcel zoned H-1, which has an approved use permit for a time share tower.

STANDARDS FOR APPROVAL:

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

Analysis

Current Planning

The proposed use of the site for resort condominiums and accessory commercial/retail uses, recreational uses, and open space is appropriate based on both the zoning designation and uses on the adjacent parcels. The proposed architectural style of the building, being complimentary to the Mandalay Bay Resort, will identify this being as being part of the resort in this area of Las Vegas Boulevard South. The applicant is meeting Title 30 parking requirements other than the requested deviation to reduce the number of loading spaces, which staff finds will not have a negative impact on this project. The plans indicate that more open space will be provided for this project than is required by Title 30, and although the applicants request to reduce the setback to zero feet along Las Vegas Boulevard South is not generally supported, the reduction is only for shade structures that will compliment the pedestrian realm area. However, as shown on the plans, as the pedestrian realm wraps the corner of Las Vegas Boulevard and Mandalay Bay Road, the sidewalk becomes attached. Per Title 30.64, the sidewalk should remain detached for both aesthetic reasons and to separate pedestrian and vehicular traffic for safety purposes.

Department of Aviation

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 resort condominium in this Use Permit is incompatible with current and future noise levels present at this location. The subject property lies within the 1997 AE-60 (60-65 DNL) noise contour for McCarran International Airport, and is subject to significant aircraft noise and continuing over-flights. Future demand for air travel is expected to increase significantly, and the subject property lies beneath flight paths that have been used since the 1960s. 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, final action by the Board of County Commissioners on this land-use application cannot occur until written evidence that the FAA has determined whether the proposed structure constitutes a hazard to air navigation has been received and the Department of Aviation has had an opportunity to review the determination. The Department of Aviation recommends denial of this use permit unless the following conditions are met.

Staff Recommendation

Approval. This is a project of regional significance and will be forwarded to the Board of County Commissioners for final action after the determination of building height from the FAA.

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.

STAFF CONDITIONS:

Current Planning

A development agreement as agreed upon by the applicant to mitigate and address issues identified by the Technical Reports and Studies;

Sidewalk along Mandalay Bay Road to be detached per Title 30.64;

TAB/CAC: Paradise Town Board - approval

APPROVALS: 2 postcards, 1 speaker

PROTESTS: None

PLANNING COMMISSION ACTION: August 1, 2006 APPROVED Vote: Unanimous Absent: Marshall

Current Planning

Landscaping along Mandalay Bay Road per revised plans on file;

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; and that this application must commence within 2 years of approval date or it will expire.

Civil Engineering

Traffic study and compliance;

Traffic Study to also address: a) Evaluation of access and circulation patterns proposed, b) Pedestrian safety needs, c) Determination of lane configurations at proposed project access points necessary to accommodate projected traffic volumes, d) 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 effective width on LVBS is 10 feet, e) Turnover analysis for the porte-cochere and recommendation of mitigation measures as applicable, f) Address location and number of driveways along Mandalay Bay Road;

Any physical improvements identified in the traffic study needed to accommodate vehicular and pedestrian volumes generated by the project may require additional right-of-way dedication to Clark County;

Traffic study to also include impact mitigation plan to be reviewed by the staffs of Freeway and Arterial System of Transportation (FAST), Clark County Development Services, Civil Engineering Division and Clark County Public Works, Traffic Management Division with the plan to be approved by the BCC;

Construct full off-site improvements with improvements meeting current County standards or an acceptable equivalent;

Any median modifications to be coordinated with Clark County Public Works Beautification project;

Right-of-way dedication required for all through and turn lanes;

If sidewalk is outside of the right-of-way, execute agreements requiring the developer to maintain sidewalks and be responsible for any liability relating to the sidewalks and hold Clark County harmless;

Any non-standard improvements within the right-of-way will require a license and maintenance agreement with Clark County;

Grant necessary easements to Clark County for public access and roadway along Las Vegas Boulevard South to accommodate a proportionate share of a 100 foot half street.

Department of Aviation

Applicant, its successors, assigns, licensees, invitees, and tenants shall issue a stand-alone noise disclosure statement to each purchaser, renter, lessee, or other legal occupant of each occupied and/or owned unit in the proposed development;

Record and forward the Noise Disclosure Statement to the Department of Aviation Noise Office;

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;

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 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, its successors, assigns, licensees, invitees, and tenants are advised that the Federal Aviation Administration will no longer approve remedial noise mitigation measures for incompatible development, impacted by aircraft operations, which was constructed after October 1, 1998, therefore, funds will not be available in the future should the applicant, its successors, assigns, licensees, invitees, and tenants wish to be purchased or soundproofed; 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.


COUNTY COMMISSION ACTION: September 20, 2006 HELD To 12/20/06 per the applicant.

COUNTY COMMISSION ACTION: December 20, 2006 HELD To 02/21/07 per staff and the applicant.

COUNTY COMMISSION ACTION: February 21, 2007 HELD To 04/04/07 per the applicants consultant.

COUNTY COMMISSION ACTION: April 4, 2007 HELD To 06/06/07 per the applicant.

APPLICANT: Turnberry, Ltd.

CONTACT: Greg Borgel, 300 S. 4th Street #1500, Las Vegas, NV 89101

Return to Clark County Home Page
Clark County Site Search