STAFF REPORT. To: Planning Commission Meeting date: May 11, 2016 Item: VN Prepared by: Marc Jordan

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Frederica Little
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1 # 12 ) VN K & G ENTERPRISES VARIANCE PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: May 11, 2016 Item: VN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Property Owner(s): Requested Action: Purpose: Location: Kevin Boyd Alexander & Belmont LLC Approval of a variance To allow a minimum building setback of 20 feet from Cheyenne Avenue and Coleman Street where 35 feet is required Northeast corner of Cheyenne Avenue and Coleman Street Parcel Number(s) Lot Area: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 1.62 ± acres Mixed-Use Commercial Undeveloped, M-2, General Industrial District North: Office and Outside Storage; M-2, General Industrial District West: Single Family Homes and Undeveloped; R-EL; Ranch Estates Limited District, and C-P, Professional Office Commercial District East: Office/Warehouse and Outside Storage; M-2, General Industrial District South: Undeveloped; M-2, General Industrial District

2 BACKGROUND INFORMATION: The applicant is requesting Planning Commission approval to reduce the building setbacks next both Cheyenne Avenue and Coleman Street to 20 feet where 35 feet is required. The applicant is proposing to develop the site with a new 22,708 square foot two-story office/warehouse building. According to the site plan, the building would be located near the corner of Cheyenne Avenue and Coleman Street. Primary access to the site is from Cheyenne Avenue near the eastern property line. An exit only driveway is also proposed on Coleman Street next to the northerly property line. The applicant is also proposing a storage yard for the remaining portion of the site, north of the proposed building and located adjacent to three (3) other storage yards currently surrounding the site. Landscaping is proposed between the building and property lines next to Cheyenne Avenue and Coleman Street. The building elevations depict a 35-foot tall building with several architectural features on the east, west, and south elevations. Architectural features include windows, cultured stone, stucco, and cornice elements. The north elevation would contain a series of overhead doors and entry points for the various warehouse suites. DEPARTMENT COMMENTS: Public Works: Fire Prevention: Police Department: Please see the attached memorandum. No comment. The North Las Vegas Police Department has no concerns with this application and recommends approval. ANALYSIS: The subject site has an irregular shape, similar to a backwards L which has some limitations for new development, particularly near the corner of Cheyenne Avenue and Coleman Street. According to the site plan, the applicant is proposing to construct a new 22,708 square foot building 20 feet from the property lines next to Cheyenne Avenue and Coleman Street. The remaining portion of the subject site would be developed as storage. The proposed request is to allow a 20-foot setback next to the street frontages. The portions of the building at the corner of Cheyenne Avenue and Coleman Street show a 16- foot setback to the corner. The applicant will need to modify the design of the building to maintain a 20-foot setback at the corner. 2

3 The location of the proposed building appears to be optimal for the subject site as it allows the proposed storage yard to be located adjacent to three (3) other storage yards. Adhering to the strict requirement of maintaining a 35-foot setback may require the applicant to either reduce their building in size or to relocate the building to the area where storage is proposed and move the storage yard to the intersection of Cheyenne Avenue and Coleman Street. The proposed site plan appears to design the site to maintain compatibility with the surrounding properties and to maintain a street edge that incorporates good design principals. The proposed building has been designed to incorporate an office look along the street edges. In commercial areas, the minimum setback for buildings next to streets is 20 feet and buildings can range in height up to 35 feet or 60 feet, depending upon the zoning. The proposed design incorporates a commercial design rather than an industrial design. The height is also consistent with the height allowed for other commercial type buildings. Requirements for Approval of a Variance In accordance with the Zoning Ordinance, the Planning Commission may, by motion, grant a variance if the Planning Commission finds, from the evidence presented, that all of the following criteria has been met: 1. There are exceptional and extraordinary circumstances and conditions applicable to the property involved and that such circumstances and conditions do not apply generally to other properties in the same vicinity and zoning district; 2. Such variance is necessary for the preservation and enjoyment of a substantial property right that is possessed by property in the same vicinity and zoning district and denied to the property in question; and 3. The granting of such variance will not be materially detrimental to the public safety and welfare or injurious to other property or improvements in the same vicinity and zoning district. State Law, under NRS (1)(c), sets forth the requirements which must be met before a Planning Commission is empowered to grant a variance: Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the piece of property, the strict application of any regulation enacted under NRS to , inclusive, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of property, to authorize a variance from that strict application so as to relieve the difficulties or hardship, if the relief may be granted without substantial detriment to 3

4 the public good, without substantial impairment of affected natural resources and without substantially impairing the intent and purpose of any ordinance or resolution. The property is approximately 1.62 acres in size. A portion of the property is narrow in depth and may not be optimal for industrial development containing a storage yard without the need to consider building location and possibly varying the setbacks. Allowing the reduction in setbacks within the area next to Cheyenne Avenue and Coleman Street would afford the applicant the ability to develop their site with an industrial use similar to other industrial developments that incorporate outside storage yards. Additionally, the reduction in setback will allow the storage yard to be located away from the street frontage. However, the subject site contains a 25-foot wide public utility easement that contains both water and sewer lines. Based upon the civil improvement plans, it appears the sewer main is located at the northerly edge of the existing easement. As a result, the proposed location of the building would be on top of the existing easement and sewer line. Therefore, unless the applicant has the ability to work with the adjacent property owners to move the utilities, and to vacate the easement, any development on the site would need to consider the existing easement, and utility lines. RECOMMENDATION: The Community Development and Compliance Department recommends that VN be denied. However, should the Planning Commission determine that approval is warranted, then staff recommends the following conditions: Planning and Zoning: 1. That, unless expressly authorized through a variance, waiver or another approved method, this development shall comply with all applicable codes and ordinances. 2. The building must maintain a minimum 20-foot setback adjacent to the property lines next to Cheyenne Avenue and Coleman Street, including the corner of these two streets. Public Works: 3. The applicant shall work with the adjacent property owner (2222 W. Cheyenne Ave) to relocate the existing utilities and vacate the Public Utility Easement, or any portion thereof as needed. In the event the owner of 2222 W. Cheyenne Ave does not agree in writing to the utilities relocation, then the setback cannot be reduced and this application shall become null and void. 4

5 ATTACHMENTS: Public Works Memorandum Clark County Department of Aviation Letter of Intent Site Plan Building Elevations Clark County Assessor s Map Location and Zoning Map 5

Board of Adjustment Staff Report Meeting Date: April 4, 2013

Board of Adjustment Staff Report Meeting Date: April 4, 2013 Subject: Applicant(s): Agenda Item No. Project Summary: Recommendation: Prepared by: Variance Case No: VA13-001 Gary R. Taylor on behalf of