12/05/07 BCC AGENDA SHEET

UPDATE

RESORT HOTEL LAS VEGAS BLVD S/SAHARA AVE

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-1430-06 SAHARA LAS VEGAS CORP:

HOLDOVER USE PERMITS for the following: 1) a resort hotel/casino consisting of 300 hotel rooms; 2) 4,700 resort condominiums; 3) 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; 4) increase the height of the high-rise tower; 5) kitchens within the rooms; 6) associated accessory and incidental commercial uses, buildings, and structures; and 7) deviations from development standards.

DEVIATIONS for the following: 1) reduced parking; 2) valet parking; 3) encroachment into airspace; and 4) all other deviations as shown per plans on file.

DESIGN REVIEWS for the following: 1) a resort hotel/casino with a high-rise tower; 2) resort condominiums with kitchens in rooms; 3) water features; and 4) all other accessory and incidental buildings and structures on 26.9 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.

Generally located on the east side of Las Vegas Boulevard South, 950 feet south of Sahara Avenue within Winchester. cg/am/dr

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RELATED INFORMATION:

APN:

162-09-602-001 & 005

USE PERMITS:

1. Permit resort hotel/casino consisting of 300 hotel rooms.

2. Allow 4,700 resort condominiums.

3. Permit 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.

4. Increase the height of the high-rise tower to 1,888 feet where 100 feet is the standard in an H-1 zone without a use permit.

5. Permit kitchens within the rooms.

6. Allow associated accessory and incidental commercial uses, buildings, and structures.

7. Permit deviations from development standards.


DEVIATIONS:

1. To reduce the total number of parking spaces from 6,806 spaces to 4,900 parking spaces, (a 28% reduction).

2. Allow up to 30% of the parking to be valet parking (1,470 parking spaces)

3. Allow encroachments into airspace.

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

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

The plans are for a new resort hotel/casino with 300 hotel rooms and 4,700 resort condominiums on the old Wet n Wild water-park site on Las Vegas Boulevard South, and is located north of the site recently approved for the Fontainebleau Resort Hotel. The project consists of 649,690 square feet of public areas including retail/commercial uses, restaurants, gaming, and spa and recreational areas, 439,022 square feet of convention area, 688,177 square feet of back-of-house, and 245,000 square feet of open space. The site is designed with three porte-cocheres providing access to the development, one on Las Vegas Boulevard South, a second on the private road that will separate this development from Fontainebleau, and a third porte-cochere on Paradise Road. Self parking access is located on the north side of the development adjacent to the parking garage. The tower which is designed like an obelisk has a maximum height of 1,888 feet with 142 stories, including restaurants, observation floors, and an outdoor terrace located on the top of the tower. The tower is centered on a large parcel; therefore, the project meets the 1:3 height setback requirement from Las Vegas Boulevard South and Paradise Road. A pedestrian realm ranging in width from 35 to 43 feet, inclusive of a 15 foot wide detached sidewalk, is provided along Las Vegas Boulevard South. The pedestrian realm then wraps the south corner of the project along a private street where a 10 foot wide sidewalk is provided and then continues again along Paradise Road where the sidewalk widens again in order to accommodate pedestrian flows. In addition to the referenced sidewalks, the pedestrian realm areas include landscaping, enhanced pedestrian paving, roof overhangs from the lower podium levels, and several water features. The 3 proposed water features are varying height fountains that are multi-stepped with cascading elements that make use of mosaic tile and lighting, with the height of the structural components limited to 4 feet. The total area of all water features is 10,410 square feet where Title 30 allows up to 22,681 square feet for a project of this size. The tower will be constructed on top of a mid-rise level podium that will essentially cover the entire site with the exception of the pedestrian realm areas. Along Las Vegas Boulevard South, the podium has a height of 112 feet and increases in height to the Paradise Road frontage to a height of 206 feet. The parking structure for this development is located on the north side of the site and is attached to the podium. The proposed height of the parking structure is also 206 feet.

The parking structure building will provide 5 floors of parking on top of 3 lower level floors in the sub-basement, basement, and a floor for back-of-house operations. The convention center and meeting rooms associated with the resort hotel will be located on top of the parking areas. The roof of the podium has been extensively landscaped and includes pool, seating, cabana, and other recreational areas that will surround the tower which projects upwards. The exterior of the buildings are primarily a non-mirroring glazing curtain wall system with structural glass finishes, and includes translucent channel glass boxes along Las Vegas Boulevard South. Although the exterior materials are fairly consistent in the development, the architecture is designed with a mix of lineal and curvilinear lines, variations in roof heights and wall projections, which results in an interesting building profile. This project is within both the McCarran Airport and Nellis Air Force Base airspaces.

Prior Land Use Requests

PRS-0105-06 was the pre-application conference associated with this resort hotel. Several other use permits for resort hotels have previously been submitted on this site, but with this application, it will be requested that these previous applications be expunged.

Surrounding Zoning and Land Use

To the north is the Sahara Resort Hotel zoned H-1, and to the south are parcels also zoned H-1 recently approved for the Fontainebleau Resort and Turnberry Place. To the west across Las Vegas Boulevard South are parcels zoned H-1 for the Hilton Grand Vacation, and to the east across Paradise Road are parcels zoned H-1 owned by Turnberry and another parcel associated with the Las Vegas Hilton.

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 this site for a new resort hotel is appropriate based on the propertys location on Las Vegas Boulevard South and at the center of the gaming corridor for the Las Vegas Valley. The request meets the requirements of Title 30 for the elements necessary for a resort hotel, and the site is designed to provide the requisite landscaping and pedestrian realm areas along street frontages. The development of a new resort hotel at this location is consistent with the other redevelopment projects taking place at this north end of The Strip which includes projects like the Fontainebleau Resort mentioned previously in this report. Regarding the proposed building height of 1,888 feet, Fontainebleau Resort has an approved height of 735 feet, Turnberry Place has an approved height of 468 feet, and the Hilton Grand Vacation Timeshare on the west side of Las Vegas Boulevard South has an approved height of 405 feet. Based on the heights of projects on the adjacent sites that were approved within the last 5 years, the requested height of 1,888 feet is significantly increased, and higher than the Stratospheres height of 1,149 feet. This tower is much higher than the other developments not only in this vicinity, but anywhere in the Las Vegas Valley. It is the opinion of staff that the proposed height is incompatible and may create problems for the airspace of both McCarran Airport and Nellis Airfoce Base, and staff cannot support the requested height.

Staff is requesting as a condition of approval that the applicant enter into a development agreement. This is to ensure that any increased impact for public services and infrastructure is mitigated and adequate amenities are provided for those who will reside at this site. The development agreement will provide a mechanism whereby the County can negotiate with the developers of this project to assist in facilitating the Countys ability to provide these needed services and infrastructure.

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 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.

Staff Recommendation

Approval of permits #1, #2, #3, #5, #6, and #7, deviations #1, #2, #3, and #4, and design reviews #1, #2, #3, and #4 (based on the reduction of the tower height); and denial of use permit #4. 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:

Civil Engineering

Right-of-way dedication required for any additional through and turn lanes on Paradise Road;

Any non-standard improvements in the right-of-way will require an execution of a license and maintenance agreement.

TAB/CAC: Winchester Town Board denial (applicant instructed to resolve issues with Nellis, McCarran, and FAA; meet with property owners at Las Vegas County Club Home Owners; traffic impacts on Karen Avenue, and return to Town Board).

APPROVALS: 12 cards, 2 speakers

PROTESTS: 67 cards, 1 speaker

PLANNING COMMISSION ACTION: November 21, 2006 APPROVED Vote: Unanimous

Current Planning

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

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

Expunge UC-1927-03 (Palace of the Sea Resort) and UC-1699-02 (Voyager Resort);

All applicable standard conditions for this application type.

Applicant is advised that 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; an administrative design review will be required for the water features; 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; 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

Right-of-way dedication to complete 100 feet for Las Vegas Boulevard to accommodate a proportionate share of a 100 foot half street, proportionate share of dedications is based on the centerline of the existing symmetric improvements on Las Vegas Boulevard;

Construct full off-site improvements meeting current Clark County standards;

Construct any unused driveways with full off-sites;

Maintain the required width of all public access walk way segments so that a Minimum Level "C" is achieved under peak pedestrian volumes;

Clark County Fire Department approval of fire truck lane;

Drainage study and compliance;

Traffic study and compliance;

Traffic study to also address: a) on-site circulation, and b) turnover analysis for the three porte-coheres and recommendations of mitigation measures as applicable;

Dedicate and construct rights-of-way for bus turnouts including passenger loading/shelter areas in accordance with Regional Transportation Commission standards;

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

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;

If applicant does not obtain written concurrence to a Property Owner's Shielding Determination Statement, then 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.

USE PERMIT #4 WAS DENIED.

COUNTY COMMISSION ACTION: December 20 , 2006 HELD To 03/21/07 per the applicant.

COUNTY COMMISSION ACTION: March 21, 2007 HELD To 05/02/07 per the applicants attorney.

COUNTY COMMISSION ACTION: May 2, 2007 HELD To 07/18/07 per the applicant.

COUNTY COMMISSION ACTION: August 22, 2007 HELD To 09/19/07 per the applicant.


COUNTY COMMISSION ACTION: September 19, 2007 HELD To 10/17/07 per the applicant.

COUNTY COMMISSION ACTION: October 17, 2007 HELD To 11/20/07 per the applicant.

COUNTY COMMISSION ACTION: November 20, 2007 HELD To 12/05/07 for staff to review the FAA determination.

APPLICANT: LVT1, LLC

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

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