06/20/07 BCC AGENDA SHEET

ReSORT HOTEL las vegas blvd s/flamingo rd

(TITLE 30)

PUBLIC HEARING

APP. NUMBER/OWNER/DESCRIPTION OF REQUEST

UC-0569-07 CAESARS PALACE REALTY CORPORATION:

USE PERMITS for the following: 1) increase building height; and 2) deviations to development standards.

DEVIATIONS for the following: 1) reduce the height/setback ratio adjacent to an arterial street (Flamingo Road); 2) encroachment into airspace; and 3) all other deviations depicted per plans on file.

WAIVER OF CONDITIONS of a use permit (UC-1463-06) requiring building elevations per plans on file.

DESIGN REVIEW for a high-rise hotel tower in conjunction with a resort hotel (Caesars Palace) on 63.0 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 Flamingo Road within Paradise. CG/dk/dr

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RELATED INFORMATION:

APN:

162-17-810-002, 003, 004, & 007

USE PERMITS:

1. Increase the height of a hotel tower to 350 feet where 100 feet is the standard (a 250% increase) and 295 feet was previously approved (a 16% increase).

2. Deviations to development standards.

DEVIATIONS:

1. a. Reduce the required 1:3 height setback ratio adjacent to an arterial street for the high-rise tower along Flamingo Road frontage to 31.7 feet where a 115 foot setback is required (a 72.4% reduction).

b. Reduce the required 1:3 height setback ratio adjacent to an arterial street for the high-rise tower along Flamingo Road frontage to 50.3 feet where a 115 foot setback is required (a 54.3% reduction).

2. Allow encroachment into airspace.

3. Permit all other deviations per plans on file.

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - COMMERCIAL TOURIST


BACKGROUND:

Project Description

This is a request to modify the height of a previously approved high-rise tower in conjunction with a resort hotel (Caesars Palace). The tower was originally approved at a height of 295 feet with 1,017 guestrooms with a Tuscan villa design. The new elevations depict a 350 foot high tower with a design that is similar to the existing Augustus Tower located just east of the proposed towers site. The applicant has obtained a new determination of no hazard from the Federal Aviation Administration for a height of 350 feet. The tower still has 1,017 guestrooms and will occupy the same footprint as the previously approved tower. The applicant has not proposed any other changes of the approved plans per UC-1463-06.

Prior Land Use Requests

UC-1463-06 was approved by the Board of County Commissioners (BCC) on January 17, 2007 to expand the casino space, allow exterior and interior modifications, and permit a 295 foot tower with 1,017 guestrooms. DR-0378-06 was approved by the BCC in April 2006 for a sign package in conjunction with the resort hotel. UC-0104-05 was approved in March 2005 for exterior entries to an outside dining area and increase signage in conjunction with this existing resort hotel. DR-1887-04 was approved in December 2004 for an addition and the interior remodel of an existing space into administrative offices, and an on-site bridge connection at this location. UC-1158-03 approved building additions including the convention center and a reduction in parking for the resort in September 2003. UC-1020-03 approved a 1,000 room tower addition (Augustus Tower) in August 2003.

Surrounding Zoning and Land Use

The property is surrounded by developed H-1 zoned properties.

STANDARDS FOR APPROVAL:

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

Analysis

Current Planning

UC-1463-06 was approved subject to the following conditions: applicant to prepare a master plan for future development to include all of the owners properties with said plan brought before the BCC within 12 months and culminating in a development agreement; and a development agreement may be required within the 12 month period if the owner submits any additional applications. This application only proposes an increase in the height of the tower and a modification to its design without an increase in the square footage of the development. No additional impacts are generated by this specific application. Staff, therefore, supports the request. The original conditions of approval for a future development agreement per UC-1463-06 still apply to this application.

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.

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

Building elevations per plans on file;

All applicable standard conditions for this application type;

Applicant is advised that 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; the original conditions of approval for a future development agreement per UC-1463-06 still apply to 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

Compliance with conditions of UC-1463-06.

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: Caesars Palace Realty Corporation

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

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