10/04/06 BCC AGENDA SHEET

RESORT HOTEL LAS VEGAS BLVD S/RUSSELL RD

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-0385-06 ROYAL PALM LAS VEGAS, LLC:

USE PERMITS for the following: 1) a resort hotel/casino consisting of hotel rooms and hotel condominiums with associated accessory uses; 2) public areas including all casino areas, showrooms, live entertainment areas, shopping center areas, indoor and outdoor dining areas, entertainment areas, offices, meeting and convention areas, back-of-house areas, and parking structures; 3) increased building height; and 4) deviations from development standards.

DEVIATIONS for the following: 1) modify parking standards; 2) reduce the height setback ratio adjacent to an arterial street (Las Vegas Boulevard South); 3) permit encroachment into airspace; and 4) all other deviations as shown on plans in file.

DESIGN REVIEWS for the following: 1) a resort hotel/casino high-rise tower (Paramount); and 2) all other accessory and incidental buildings and structures on 10.6 acres in an H-1 (Limited Resort and Apartment) (AE-65 & AE-70) Zone.

Generally located on the east side of Las Vegas Boulevard South, 500 feet south of Russell Road within Paradise. RR/am/mh

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RELATED INFORMATION:

APN:

162-33-101-006 & 007

USE PERMITS:

1. For a resort hotel/casino consisting of 1,800 hotel rooms/hotel condominiums.

2. Public areas including all casino areas, showrooms, live entertainment areas, shopping center areas, indoor and outdoor dining areas, entertainment areas, offices, meeting and convention areas, back-of-house areas, and parking structures.

3. To increase building height to 255 feet where 100 feet is permitted, (a 155% increase).

4. Permit deviations from development standards.

DEVIATIONS:

1. To allow 2,220 parking spaces where 2,879 parking spaces are required (a 23% reduction).

2. a. Reduce the height setback ratio adjacent to an arterial street (Las Vegas Boulevard South) to the North Tower from Las Vegas Boulevard South to 14.5 feet where 83.5 feet is required (an 83% reduction).

b. Reduce the height setback ratio adjacent to an arterial street (Las Vegas Boulevard South) to the South Tower from Las Vegas Boulevard to 55.5 feet where 68.5 feet is the standard (a 19% reduction).

3. Permit encroachment into airspace.

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

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

The plans are for a new resort hotel to be known as Paramount and will involve the construction of two towers, a podium level that will connect the north and south towers, and a parking garage. The main floor of the development will include the casino lobby, 58,336 square feet of casino, restaurants, coffee shops, several bars and lounge areas, retail areas, a 10,600 square foot theatre, back of house offices, hotel lobby, concierge, kitchen, and hotel registration desk. The main floor will also include the port-cochere that will be located adjacent to Las Vegas Boulevard and will provide a taxi ramp and valet parking for guests. The exterior of the resort development is post modern with various architectural styles being incorporated. The exterior materials for the towers are clear glass curtain walls, laminated glass with translucent patterns attached to a steel rod curtain wall system, and will include architectural enhancements such as concrete balconies, and a metal louver roof system. The three level podium that connects the towers will include laminated glass attached to a steel tube system, clear glass curtain walls, and include enhancements such as brushed copper and aluminum panels with recessed lighting, with a roof top recreational amenity deck also being provided. The proposed 7 level parking garage on the north side of the site will make use of a horizontal painted metal louver system, and laminated safety glass with fritted coating attached to a steel tube system, as exterior materials. A pedestrian realm having a minimum width of 20 feet, including a detached sidewalk, has been designed along Las Vegas Boulevard South. Additional landscaping is provided throughout the development in order to provide visual interest, green-space, open recreational amenities on-site, as well as providing buffering from adjacent parcels. A total of 2,200 on-site parking spaces will be provided in the 7 level parking garage, where 2,879 parking spaces are required. The applicant is requesting approval to allow for 30% of these 2,200 spaces to be valet parking, equating to 660 spaces. Four loading bays will be provided where 3 bays are required by Title 30.

Prior Land Use Requests

PRS-0005-06 was as pre-submittal application, as required for this project of regional significance. ZC-0362-05 was approved by the Board of County Commissioners (BCC) in April 2005 for the establishment of H-1 zoning on the northern parcel. AG-1458-04 is the land use agenda item that formally initiated the zone change and was ratified by the BCC also for the northern parcel. UC-1555-96 was approved by the Planning Commission (PC) in November 1996 to allow a 60 foot tall telecommunications pole on the southern parcel. UC-334-95 was approved by the PC in April 1995 to allow for a tourist information center on the southern parcel.

Surrounding Zoning and Land Use

The immediate area to the north, west, and south is a mixture of developed and undeveloped H-1 zoned properties. To the east and a portion of the south is McCarran International Airport zoned P-F.

STANDARDS FOR APPROVAL:

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

Analysis

Current Planning

This type of development is consistent with anticipated land uses having frontage on Las Vegas Boulevard South. Because the site is bisected by the AE-65 and AE-70 Airport Environs, the applicant was not able to develop resort condominiums on this site, and has requested approval for a combination of hotel rooms and hotel condominium rooms. The site has been designed to meet pedestrian realm requirements even upon any future expansion/improvements of Las Vegas Boulevard South. The additional landscaping, open space, and recreational opportunities being provided throughout the site will result in an effective project that will provide recreational resources to guests and visitors to the site. Although the proposed building height of 255 feet is not excessive as compared to other recent applications along Las Vegas Boulevard, it is the opinion of staff that the 83% reduction to the height setback ratio (1:3) for the north tower should not be approved. The height setback ratio was created to ensure open space and to provide visibility along arterial streets. According to the plans, the 1:3 intrusion will occur at a height of 58 feet for the north tower. The south tower; however, has been situated on the lot to minimize the 1:3 setback reduction necessary to 19%, with the intrusion occurring at a height of 175 feet. It is acknowledged by staff that the top level of the structure is a viewing deck for guests. The requested reduction to the 1:3 setback is excessive and the building should be re-designed in order to more closely meet the standard as was done with the south tower. Although staff can appreciate that the applicant is using a variety of architectural styles to promote visual interest; such creativity should not be allowed if it results in an 83% reduction to any code standard. The request for a 29% parking reduction is reasonable and customarily has been supported by staff for resort hotel developments, as has been the request to allow 30% of the parking to be valet.

Department of Aviation

Due to the height of the proposed building, the development will penetrate the 100:1 notification airspace surface and the Part 77 airspace surface. Therefore, final action 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 subject property lies within the official AE-65 (65-70 DNL) and AE-70 (70-75 DNL) noise contours for McCarran International Airport and is subject to significant aircraft noise and continuing over-flights. Future demand for air travel and airport operations is expected to increase significantly. Clark County intends to continue to upgrade McCarran International Airport facilities to meet future air traffic demand.

Staff Recommendation

Approval of use permits #1, #2, #3, and #4, design reviews #1 and #2, and deviations #1, #2b, #3, and #4; and denial of deviation #2a. This is a Project of Regional Significance and 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.

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;

The North Tower be redesigned to more closely meet the height setback ratio (1:3) requirement to Las Vegas Boulevard South.

Fire Department

Provide approved turn-around at rear of building where access lane ends.

TAB/CAC: Paradise Town Board approval of use permit, design review, and deviations #1, #2b, and #3; and denial of deviation #2a.

APPROVALS: 1 speaker

PROTESTS: None

PLANNING COMMISSION ACTION: September 5, 2006 APPROVED Vote: Unanimous

Current Planning

Design review as a public hearing on any significant changes to the plans;

All applicable standard conditions for this application type.

Applicant is advised that signage and water features (fountains) are 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

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;

Sidewalk width as determined by Nevada Department of Transportation (NDOT);

If sidewalk is detached, dedicate right-of-way and grant easements in accordance with sidewalk requirements;

Grant necessary easements to Clark County for traffic facilities, appurtenances, and pedestrian use of sidewalks for any sidewalk outside of the right-of-way and 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;

Traffic study and compliance;

Traffic study to be reviewed and accepted by NDOT;

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 the County;

Additional right-of-way dedication will be required along the projects Las Vegas Boulevard frontage to accommodate 4 northbound through lanes;

Traffic study to also address on-site circulation;

Impacts to regional air quality due to traffic generated by this development;

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;

Dedicate and construct a bus turnout including a passenger loading and shelter area at the main entrance on Las Vegas Boulevard in accordance with Regional Transportation Commission guidelines;

Provide a pedestrian queuing/shelter area for the bus stop along the projects Las Vegas Boulevard frontage, the queuing area shall be constructed to accommodate both peak period pedestrian flow and bus patron volumes with a minimum Level of Service C;

Developer to provide a minimum of 10 feet of sidewalk along the width of the projects Las Vegas Boulevard frontage;

Furnish a turnover analysis for the porte-cochere and recommendation of mitigation measures during peak hours of operation addressing on-site storage;

Address on-site circulation for the one way drive aisle;

The main driveway on Las Vegas Boulevard shall align with the existing Bali Hai driveway to the west;

All driveways to be constructed to Clark County Uniform Standard Drawings No. 222A and 225;

Reconstruct any unused driveways with full off-sites;

Construct full off-sites;

Drainage study and compliance;

Vacate any unnecessary easements any applicable vacations to be recordable prior to building permit issuance or applicable map submittal.

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 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 or 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; incorporate an exterior to interior noise level reduction of 25 and 30 decibels into the building construction, as required by Code; 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; and that funds will not be available in the future should the residents wish to have their buildings purchased or soundproofed.

APPLICANT: Royal Palms Las Vegas, LLC

CONTACT: Tabitha Keetch, KKBR&F, 3800 Howard Hughes Parkway, Las Vegas, NV 89169

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