06/05/07 PC AGENDA SHEET

resort hotel spring mountain rd/polaris ave

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-0413-07 COGENT INVESTMENTS, LLC, ET AL:

USE PERMITS for the following: 1) an expansion of the Gaming Enterprise Overlay District; 2) a resort hotel/casino consisting of 300 hotel rooms; 3) 86 resort condominiums; 4) public areas including all casino areas, showrooms, live entertainment, shopping center, indoor and outdoor dining, entertainment, offices, meeting and convention, back-of-house, and parking structures; 5) increase the height of the high-rise towers; 6) associated accessory and incidental commercial uses, buildings, and structures; and 7) deviations from development standards on 2.4 acres in a H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District

DEVIATIONS for the following: 1) reduce the height setback ratio adjacent to a street; 2) encroachment into airspace; and 3) all other deviations as shown per plans on file.

DESIGN REVIEWS for the following: 1) a resort hotel/casino with high-rise towers including kitchens in rooms for both the hotel rooms and resort condominiums; and 2) all other accessory and incidental buildings and structures.

Generally located on the north side of Spring Mountain Road and the east side of Polaris Avenue within Paradise. SB/am/dr

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RELATED INFORMATION:

APN:

162-17-110-024, 025, 026, 034, & 035

USE PERMITS:

1. Permit an expansion of the Gaming Enterprise Overlay District.

2. Permit a resort hotel/casino consisting of 300 hotel rooms.

3. Allow for 86 resort condominiums.

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

5. Increase the height of the high-rise tower to 400 feet where 100 feet is the standard.

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

7. Permit deviations from development standards.

DEVIATIONS:

1. Reduce the 1:3 height setback ratio from Spring Mountain Road to 69 feet where 131 feet is the standard with encroachment occurring at a height of 243 feet above grade (a 48% reduction).

2. Allow encroachment into airspace.

3. Permit all other deviations as shown per plans on file.

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST

BACKGROUND:

Project Description

This request involves a use permit for the expansion of the Gaming Enterprise District Overlay to allow a resort hotel. Per the requirements of Title 30, the applicant has provided a survey of the vicinity, including a study to indicate that there are no existing residential uses within a 500 foot radius of the site, and that there are no places of worship or educational uses within a 1,500 foot radius of the site. The plans are for a new resort hotel/casino that depicts a maximum height of 400 feet to the top of a spire located on the top of the highest level of structure. Included elements in the resort hotel are 26,250 square feet of casino, which includes approximately 5,000 square feet of area designated for showroom, 30,467 square feet of restaurant and nightclubs, 5,255 square feet of retail areas, 6,320 square feet of convention area, 6,870 square feet of fitness and spa areas, 2,270 square feet of administrative office area, and 17,665 square feet of back-of-house areas. Per Title 30 requirements, 769 parking spaces are required for this project, where 788 parking spaces will be provided. In additional, the applicant will provide 6 loading spaces where 5 loading spaces are required. The required parking for the project is provided in a 9 level parking garage that is designed into the lower floors of the structure, with primary access to the garage provided through a porte-cochere from Spring Mountain Road, and secondary egress and ingress from Pollux Avenue to the north.

Included in this application is a deviation to reduce the 1:3 height setback ratio from Spring Mountain Road, with the intrusion occurring at the top of the tower closest to Spring Mountain Road, and involving only a very small section of the Asian designed roof. Additional encroachments into the setback also occur farther into the site, and at a height of 303 feet above grade, and again also affecting only a small portion of the Asian designed roof line. Although this is not a mixed-use project, because the site is located in the MUD-1 Overlay District a pedestrian realm is provided along all street frontages associated with the project. The pedestrian realm includes a 10 foot wide detached sidewalk along both Spring Mountain Road and Polaris Avenue, and narrows to 5 feet width on Pollux Avenue in order to maintain a Level of Service C for pedestrian traffic. All areas on the site where pedestrian and vehicular traffic intersect, at the entrance points to the porte-cochere and parking garage, are identified with enhanced paving. Additional landscaping is provided on the site within the porte-cochere and at the entrances to the resort. The applicant received a Finding of No Hazard from the FAA, approving a maximum height of 400 feet, issued March 31, 2006.

Prior Land Use Requests

ZC-0191-07, a request to reclassify a portion of the site from M-1 to H-1 zoning was approved by the Board of County Commissioners (BCC) in April 2007 for the northeast corner of the project area. PRS-0027-07 was a pre-application conference associated with this request. ZC-0549-06 was approved by the BCC in May 2006, reclassifying the remaining parcels of this site from M-1 to H-1 zoning, and included a use permit and design review for a 276 foot high condominium tower.


Surrounding Zoning and Land Use

To the north, east, and west are developed parcels zoned M-1. To the south across Spring Mountain Road are two sites, zoned U-V, but as stated above, one of these sites is the subject of a request for H-1 zoning to establish a new resort hotel.

Related Applications

ZC-0425-07, a request to reclassify the parcels to the south of this site from U-V to H-1 zoning, with associated use permit and design review requests for expansion of the Gaming Enterprise District and a new resort hotel is a related item on this agenda.

STANDARDS FOR APPROVAL:

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

Analysis

Current Planning

This request for the expansion of the Gaming Enterprise District Overlay is appropriate based on the fact that this area is master planned for gaming. The request meets all of the requirements as set forth in Title 30 for the expansion of the overlay. This property is zoned H-1, and planned Commercial Tourist according to the Winchester/Paradise Land Use Plan. The project meets all separations from residential, educational, and religious uses as indicated on the survey provided by the applicant. Although this site is not in the Asian Overlay District, the project is designed to compliment Asian architecture, and reminiscent of the recently approved Dragon City Resort Hotel located farther west on Spring Mountain Road. The Asian influenced architecture includes pagoda style roof lines for both of the towers as well as the parking garage. This project will provide all parking required for a resort hotel, and consistent with other resorts will provide valet parking services for guests, with Title 30 allowing up to 30% of required parking being valet. The 1:3 building intrusion along Spring Mountain Road is very minor, and affects a small section of the Asian themed roof-line on top of the tower, and therefore staff has no concern with this deviation being approved. The required pedestrian realm areas with detached sidewalk and landscaping along all street frontages will enhance this older area of the community.

Department of Aviation

The development will penetrate the 100:1 notification airspace surface. Therefore, as required by 14 CFR Part 77, and Section 30.48.120 of the Clark County Unified Development Code, the Federal Aviation Administration (FAA) must be notified of the proposed construction or alteration. More importantly, the development will penetrate the Part 77 airspace surface (Airport Airspace Overlay District), as defined by Section 30.48.100 of the Clark County Unified Development Code. Therefore, as required by Section 30.16.210(12)(D) of the Clark County Unified Development Code, final action cannot occur until the FAA has issued an airspace determination and the Department of Aviation has reviewed the determination.

Staff Recommendation

Approval. This is a project of regional significance and will be forwarded to the Board of County Commissioners on July 5, 2007 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.

PRELIMINARY STAFF CONDITIONS:

Current Planning

Pedestrian realm per plans on file;

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

All applicable standard conditions for this application type.

Applicant is advised that 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; 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; 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

Dedication of additional right-of-way to complete a 60 foot half street width on Spring Mountain Road;

Construct full off-sites;

Drainage study and compliance;

Traffic study and compliance;

Traffic study to also address: a) additional dedication of right-of-way for Pullox Avenue, Spring Mountain Road and any turn lanes, b) turnover analysis for the porte-cochere and recommendation of mitigation measures as applicable; c) determine the required width of all public access walkway segments so that a minimum Level of Service C is achieved under peak pedestrian volumes;

Reconstruct any unused driveways with full off-sites;

Driveway on Spring Mountain Road to be a minimum of 32 feet in width as per approved traffic study;

Nevada Department of Transportation approval.

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 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 Part B of the Clark County Unified Development Code.

Applicant is advised that the FAA's determination is advisory in nature and does not guarantee that a Director's Permit or an AHABA Variance will be approved.

TAB/CAC:

APPROVALS:

PROTESTS:

APPLICANT: The CW Group

CONTACT: The CW Group, Jim Childs, 5333 S. Arville Street #104, Las Vegas, NV 89118

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