06/06/07 BCC AGENDA SHEET

RESidential/resort condo/shopping center harmon ave/paradise rd

(TITLE 30)

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-0272-05 (ET-0123-07) H R H H DEVELOPMENT, LLC:

USE PERMITS FIRST EXTENSION OF TIME to commence the following: 1) increase building heights; 2) residential condominiums; 3) resort condominiums; 4) a shopping center including outside dining areas, live entertainment, and a convention/event center; 5) all incidental and accessory uses; and 6) deviations to development standards all in conjunction with the existing Hard Rock Resort Hotel.

DEVIATIONS for the following: 1) permit an encroachment into airspace; 2) reduce on-site parking; 3) permit exterior access to all portions of the development; and 4) all other deviations as depicted per plans on file.

DESIGN REVIEW for a project consisting of residential condominiums, resort condominiums, and shopping areas including low-rise, mid-rise, and high-rise buildings in conjunction with the existing Hard Rock Resort Hotel on 23.3 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.

Generally located on the north side of Harmon Avenue, 330 feet west of Paradise Road within Paradise. CG/dk/dr

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RELATED INFORMATION:

APN:

162-21-504-005; 162-21-602-002 & 003

USE PERMITS:

1. Increase building heights from 190 feet to 375 feet for residential condominiums and high-rise and mid-rise buildings and 340 feet for resort condominium buildings where 100 foot high buildings are permitted.

2. Permit 3 high-rise residential condominium towers and 50 low-rise residential condominium buildings with a total of 425 units.

3. Permit 2 resort condominium towers with a total of 800 rooms.

4. Permit a shopping center including outside dining areas, live entertainment, and a convention/event center.

5. Permit all associated, incidental, and accessory uses.

6. Permit deviations to development standards.

DEVIATIONS:

1. Permit an encroachment into airspace.

2. Reduce on-site parking for the resort condominium and shopping center areas to 1,045 parking spaces where 1,193 parking spaces are required (a 12.4% reduction).

3. Permit exterior access to portions of the development where all access is required from the interior of the resort hotel.

4. Permit all other deviations as depicted per plans on file.

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

The original application approved a development consisting of residential towers, resort condominium buildings, and shopping/event/meeting areas in conjunction with an adjacent resort hotel (Hard Rock). Due to the size of the project and recent changes in ownership of the property, the applicant requests additional time to commence construction. The new owner is in the process of evaluating the development options for this site.

Prior Land Use Requests

UC-1219-98 was approved by the Planning Commission (PC) in September 1998 to convert a 544 unit apartment complex to a timeshare hotel. The first extension time, UC-1219-98 (ET-0244-99), to commence the conversion was approved in July 1999. The second extension of time, UC-1219-98 (ET-0403-01), to commence the conversion was approved in January 2002. UC-0272-05 was approved in May 2005 by the Board of County Commissioners (BCC) to establish 3 high-rise residential condominium towers and 50 low-rise residential condominium buildings with a total of 425 units and 2 resort condominium towers with a total of 800 rooms. UC-0272-05 (WC-0208-05) was approved by the BCC in October 2005 to waive a condition for exterior noise level reduction. TM-0280-05 was approved by the BCC in June 2005 for a commercial subdivision and 475 residential condominiums. UC-1465-06 was approved by the BCC in December 2006 for the addition of 365 guest rooms and expansion of the adjacent Hard Rock Resort Hotel. With that application, a temporary off-site parking lot was approved on the subject site. TM-0077-07 was approved by the PC in April 2007 to combine the subject parcels and the adjacent parcels of the Hard Rock Resort Hotel into a one lot commercial subdivision.

Surrounding Zoning and Land Use

To the west is a developed apartment complex with approval for a new resort hotel (UC-1584-06) in an H-1 zone. To the north are developed parcels with resort hotel and hotel uses and approved resort hotels (UC-0541-05) in an H-1 zone. To the east is the existing Hard Rock Resort Hotel in an H-1 zone, and to the south are developed properties in an H-1 zone.

STANDARDS FOR APPROVAL:

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

Analysis

Current Planning

The current owners of the site are also the property owners of the Hard Rock Resort Hotel. The inability of the current and previous owners to obtain gaming approval has resulted in the perpetuation of this application as the next best alternative. Staff can support an extension of time for this application to allow the applicant time to explore different scenarios for this site.

This application was originally approved in May 2005, to provide additions to existing developments such as the Hard Rock Resort Hotel as well as approvals for new projects such as Edge Las Vegas have resulted in an increased demand on services. 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 is mitigated and adequate amenities are provided. The development agreement will provide a mechanism whereby the County can ask developers of this project in facilitating the Countys ability to provide these needed services and infrastructure. The BCC recently approved an ordinance requesting development agreements for projects of this size.

Staff Recommendation

Approval.

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.

PRELIMINARY STAFF CONDITIONS:

Current Planning

Until May 4, 2009 to commence;

A Development Agreement as agreed upon by the applicant to mitigate impacts of the project including but not limited to issues identified by the technical reports and studies, and issues identified by the Board of County Commissioners;

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.

Civil Engineering

Compliance with previous conditions.

TAB/CAC:

APPROVALS:

PROTESTS:

APPLICANT: Morgan Hotel Group

CONTACT: Tabitha Keetch, Kummer Kaempfer Bonner & Renshaw, 3800 Howard Hughes Parkway, 7th Floor, Las Vegas, NV 89109

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