Planning Commission - Regular Meeting

Thank you. Bye.

Good evening, everyone. We are ready to begin. This planning commission meeting is called to order. This meeting has been properly noticed and posted in compliance with the open meeting law. These proceedings are being video recorded and can be viewed live on City of Las Vegas TV on Cox Cable Channel 2. You can also watch the meeting live online and access other city content by visiting lasvegasnevada.gov backslash connect. The proceedings will be rebroadcast on City of Las Vegas TV the Saturday after the meeting at 10 a.m., Monday at midnight, and the following Tuesday at 6 p.m. Please stand for the Pledge of Allegiance. City Clerk, would you please call the roll?

Chair Taylor. Present. Vice Chair Kusama. Present. Commissioner Schlottman.

Present.

Commissioner Rogan.

Present.

Commissioner DiSalvio.

Present.

Thank you.

I call to your attention the information printed in your agenda concerning our actions and the appeal and review process if appropriate. Please read this carefully and if you have any questions staff is available. Also the second page of the agenda contains our rules of conduct. We appreciate your adhering to these rules so we can have a Next up is public comment. During this portion of the agenda, comments must be limited to matters on the agenda for action. If you wish to be heard, come to the podium and give your name for the record. The amount of discussion as well as the amount of time any single speaker is allowed may be limited. All comments made under this item for specific action items will be cross-referenced to those items. Are there any members of the public who wish to speak under this portion of the agenda? Good evening.

Hello, for the record, Patricia Reed, last name is R-E-I-D, address is on file. This is to voice my opposition for item number 18, which is regarding the proposed changes to 5924 West Lone Mountain Road. I've lived in this area for over 30 years. Fortunately, the majority of the land in this area has been developed, but there's a vacant dirt parcel next to this business that I fear they will purchase so that they'll be able to expand. I now do oppose this. It started as what appeared to be a family owned company, but the business has continued to grow and develop beyond what it was zoned for. Correct me if I'm wrong, but shouldn't the zoning issues be done before the work has happened? One asked that it be changed from residential to service commercial, another to limited commercial, another to limited material and lumber yard use in a residential area. Los Prados is located next to this parcel, very close to the parcel. I live across the street in Rancho Altamira. Probably shouldn't have said that, but anyway. The business is now requesting permission to do what they've already been doing. The biggest issue that I have is behind their covered gate. They say that they need to bring in materials, but it appears that they have a pile of sand there in the center that they've been driving their vehicles around. We do not need a construction yard in this area. We do not need dirt, extra sand, or other materials to be blowing throughout the windy season. And I'm disappointed that the commission is recommending approval to an entity that is obviously not played by the rules. The property has already been developed into a business. Is there not a penalty or fine for this? I ask that you at least deny the zoning one and SUP one requests. Why would you reward them for not following the law? Thank you.

Thank you, ma'am. Anybody else under this item? Come on down, sir. Folks, if you're gonna speak on an item, rules for tonight are please come down as soon as that item is called so we can have an efficient meeting. Please state your name for the record and let us know what you're referring to.

Kyle McGuire. That's K-Y-L-E-M-C-G-U-I-R-E. This would be for project number 25-0459. They're applying for a variance. to have childcare in the neighborhood. Unfortunately, what's happened is they've moved in, they have a disabled child, and they had a license, I believe, to have round-the-clock care at home for that child. What they've done is they've parlayed that into a round-the-clock daycare facility where there's school buses that come to the actual house to pick up disabled children. The thing is, I have school buses backing up and turning around the corner where that's located, which is on a corner lot. There's parking problems in the neighborhood. In fact, that's what they're here for, was to have less parking and continue doing what they're doing. They don't have adequate parking. The argument for it is, but there's the side of our house. Unfortunately, that side of the house, they have their permanent staff there. So when their clients show up, they fill up the street, sometimes double parking, as it is. And then at about 8 o'clock in the morning, the first of the school buses comes through. It's a small cul-de-sac street. It's really... Not the thing to have there. A daycare is great. Now, I understand that if you have a disabled child in the school, bus needs to come pick them up at home, that's totally understandable, but that's one in the morning and one in the afternoon. Not two or three in the morning and three in the afternoon. Sometimes it takes five, ten minutes to get outside of my house. I happen to have several of my neighbors here as well who would love to... at least speak up on it or at least agree with what we've all talked and these are what our concerns are. So anyway, thank you for your time.

For anyone who is here on those items, you can speak to your opposition or your support for an item when the item is called. This is just another opportunity so you don't have to come down if you don't want to. You're welcome to. Anybody else wishing to make public comment at this time? Okay, please come down.

Hello.

Hello.

Steve Pache, S-T-E-V-E-P-E-A-C-H-E. I'm on item number 23. It's a big apartment building. It's going to be built in the corner of Alta and Tonopah in the medical district. And I just don't feel, with a bunch of other neighborhoods, there's enough adequate parking for that high-rise, seven stories tall, with 154 parking spots. No, it was 150. 130 parking spots, I think, and 154 units. That's not even one parking spot per unit, and we're afraid they're going to come into our residential neighborhood across the street and start parking in front of our houses, blocking mailboxes, and are you going to be putting parking meters into a residential neighborhood? That's a question I have. Is that a possibility? So should I wait until the agenda comes up and Talk to someone about that. I don't know. But you don't have enough parking spots for sure. And this is already in a medical district that's very crowded already. And it's beautiful what they've done there with the streets and the Maryland Parkway and the lights they've done there. It's nice stuff, but we're just worried about the overflow coming in, you're going to have businesses in there too. Would there be a limit on selling alcohol?

Well, sir, just to let you know, the applicant has asked that this item be held for 30 days. So this item is not going to be heard tonight.

Sorry.

I understand that, but we next item up would have been our housekeeping. So you could have gotten the list of what's changing.

So you can also always talk to the gentleman in charge of ward one too, I guess.

Okay. Thank you. Thank you, sir. Anybody else for public comment under this item? No? Okay. With that, I will close public comment under item four, and we'll move on to item five, which is for possible action to approve the final minutes for the Planning Commission meeting of December 9th, 2025. May we have a motion to approve the minutes of the Planning Commission meeting of December 9th, 2025?

Chair, I'd like to make a motion to approve the minutes of the Planning Commission meeting of December 9th, 2025. Thank you. There is a motion on the floor. Please cast your votes.

And that motion carries. Please post. Okay, thank you. So next is moving on to our housekeeping items. Are there any items that commissioners, staff, applicants, or members of the public would like to pull forward for action? And I do have one, but we can let everybody else go through their housekeeping items first.

All right, Madam Chair, staff has some housekeeping items for you. Fred Solis, for the record, the applicant is requesting to hold item 12 to the February 10th Planning Commission meeting The applicant is requesting to withdraw without prejudice item 20. The applicant is requesting to hold item 26 to the February 10th Planning Commission meeting. Staff is requesting to hold item 34 to the February 10th Planning Commission meeting. Staff is requesting to hold item 36 to the February 10th Planning Commission meeting. And the applicant is requesting to hold item 23 to the February 10th Planning Commission meeting. Thank you.

Thank you. And I would like to have item 10 brought forward for the public hearing items. Okay. So with that, is there anybody who wishes to be heard on any of these items that we just listed? Okay, hearing none, Vice Chair, can you please make a motion on these housekeeping items?

Chair, I'd like to make a motion to hold in abeyance to the February 10th Planning Commission meeting item 12, to withdraw without prejudice item 20, to hold in abeyance to the February 10th Planning Commission meeting for item 26, to hold in abeyance to the February 10th Planning Commission meeting for item 34, to hold in abeyance to the February 10th Planning Commission meeting for item 36, and to also hold an abeyance to the February 10th Planning Commission meeting for item 23. And with that, Chair, I also would ask item 10 be brought forward to public hearing.

Thank you very much. There's a motion on the floor. Please cast your votes. Please post. And that motion carries. Okay, consent items, that's what's next. Consent items are considered routine by the Planning Commission, may be enacted by one motion. However, any item may be discussed if a commission member or applicant so desires. Vice Chair, may I have a motion for approval on consent items seven and eight?

Chair, I'd like to make a motion to approve items seven and eight on the consent agenda.

Thank you, there's a motion on the floor. Please cast your votes. Please post, and that motion carries.

And Madam Chair, those items are final action unless appealed to the city clerk in seven days.

Thank you. Okay, one motion, one vote. The following are items that may be considered in one motion, one vote. They are considered routine non-public and public hearing items with a staff recommendation of approval. All public hearings and non-public hearings will be opened at one time. Any person representing an application or a member of the planning commission not in agreement with the conditions... and all standard conditions for the application recommended by staff should request to have that item removed from this part of the agenda. So number 925-0471, SUP1, Applicant Warm Massage, LLC, owner, Charleston Festival Retail, LLC, for possible action on a land use entitlement project request for proposed massage establishment use with waivers of distance, separation requirements from residentially zoned property, an individual care center license for more than 12 children, and a school where 400 feet is required at 6340 West Charleston Boulevard, suite number 130, Ward 1 Knutson. This item was noticed as public hearing. Is there anyone wishing to be heard on this item? Okay, seeing none, I will close public hearing and would request a motion on our one motion, one vote item.

Chair, I'd like to make a motion to approve the items on one motion, one vote. Thank you. There's a motion on the floor. For agenda item nine.

There's a motion on the floor. Please cast your votes. Okay, please post. And that motion carries.

And Madam Chair, that item will go on to City Council on February 18th.

Okay, we are now going to move on to the public hearing portion of the agenda, starting with item number 10. I hope that the applicant is here. 25-0557, VAR1, applicant Ativan Homes, Summit Homes of Nevada LLC owner. Donald 8 LLC for possible action on land use entitlement project request to reduce the required 50% fee contribution for deferred improvements along Donald Road to 0% as outlined in approved tentative map 25-0027 TMP1 condition of approval number 8 at the northeast corner of Donald Road and Leon Avenue Ward 6 Bruny and May I have the staff report please?

Thank you Madam Chair. Condition of approval number eight from the approved subdivision tentative map required a variance if there was any change to the amount of contribution made by the developer for street improvements. Since the approval of the tentative map it has been determined that Donald Road will be constructed to rural standards and the developer will make contributions based on those standards. While this would typically be an administrative review and approval, per the conditions of the approved tentative map, a variance has been submitted which staff supports. Please note there's been additional documentation of protest after publication. Thank you.

Thank you very much. Good evening, sir. If you could please state your name and spell it for the record, give us your address, and tell us about this item.

Yeah, my name is Jeff Thompson, 6030 South Jones Boulevard. Thompson is T-H-O-M-S-O-N on behalf of the clients here representing this item. So this project was originally entitled on the A-Lock cul-de-sac, and we had originally planned to come in and install full off-sites, full hatchery improvements, curb, gutter, sidewalk on Leon as well as Donald. And in going through our review process with staff, it was informed to us that the neighbors and staff would like it to be, Donald, to be rural, to keep that rural preservation in that rural area. So they asked us to remove our request to put in full off-sites, curb, gutter, and sidewalk, and leave it rural. And not only to just leave the asphalt and now curb, but they asked us to then use their rural standard in the City of Las Vegas, which is to then install a six-foot-wide valley gutter AT THE EDGE OF THE PAVEMENT AND THEN DG AFTER THAT ALL THE WAY TO THE RIGHT-OF-WAY. BECAUSE OF ALL OF THIS, THE CLIENT WITH GOOD INTENT WAS GOING TO BUILD THE OFF-SITES, NOW WE HAD TO BUILD THIS RURAL STANDARD AS WELL AS DO A CONTRIBUTION FEED TO SOMETHING THAT SHOULD REMAIN RURAL FOR A GOOD WHILE FROM THERE ON OUT. In the original NOFA, it was discussed that this could be come back as a variance to remove this portion due to all of that that has transpired. And so that's why we're here today. We're still going to pay for the deferrals of the streetlights. The neighbors didn't want streetlights on Leon. So those are still being paid for Leon. But for Donald, because we're using that rural standard of the six-foot valley gutter and we were going to put full offsites, we're asking to remove that deferral fee completely because, again, in good intent, we wanted to put it there. And now we're doing this other standard that should take up our lifetime as well.

Okay, thank you very much. This item has been noticed for public hearing. Is there anyone wishing to be heard on item number 10? Okay, seeing none, I will close public hearing. I will turn it over back to the commission for any questions starting with me, because I do have a question, and then we'll pass it to the other commissioners, and I may need some follow-up from Public Works. Maybe this is a question for Public Works or for both of you guys. Explain to me about the streetlights. So I understand the valley gutters. I understand that that's why you're asking for the deferral fee to be removed. and you did say you were gonna pay for the streetlights on Donald, Leon?

On Leon as well as our cul-de-sac street as well.

Okay, but then wouldn't you normally, so then okay, so then this is a question for Public Works. Wouldn't they normally have to also pay a deferral fee for streetlights on Donald?

They are not being required to because they are built to the rural standard.

And the rural standard is not streetlights. Okay. And so what happens if at some point there is a requirement by the city or a need by the city for streetlights to go in on Donald?

They have signed a covenant running with the land, which will have the neighborhood install the improvements, the streetlights.

So because it was built to rural standards, then if there is a subsequent need to put those streetlights in, the homeowners who are purchasing these properties are the ones that are gonna bear the burden of paying for that infrastructure.

I am not sure if it's the homeowners or the homeowners If it's the original builder.

Well, the HOA is the homeowners at the end of the day. So, okay. All right. Anyone else have any questions? Trinity. Oh, sorry. Commissioner.

Thank you, madam chair. Through you. This is exactly the problem I had as the planning commission for that area for five years too. We're not going to put that burden back on the homeowners and get hit with a sit or a lid. So there was always a contribution that was good. given in consideration in lieu of, so that way if the off-sites were required, whether it be streetlights, curbs, gutters, whatever, and we hope that it doesn't happen in that area. That's why we live in Ward 6 and we love it. But should it happen, we don't want to then put it back on those homeowners, and that's for the reason why I can't support this agenda item that way. Everybody has to contribute. It's been that way forever and a day, even prior to the current councilwoman, the previous one, and the one before that. We've always made sure that The burdens weren't put back on the homeowners that walked into something and realized now all of a sudden he's requiring something, and then it's on the backs of them. There was always a contribution done by the developer to make sure that that money was in place. So if something happened, then it was covered. We just don't want to get anybody hit with any outside things. So for that reason, unless it's changed or you agree to contribute to it, I couldn't support the item.

Commissioner Schlottman.

Yes, I remember for years there was about a five-year stretch where every developer came in to the city of Las Vegas requesting to defer their streets and sidewalks. And we started seeing some of these areas where sidewalks were having to go in and it was costing the city. And it got to become this thing to where every developer said, Oh, well the neighbors don't want it, so we're not going to do it. And they use that as the reason to, you know, ask for the deferral and to get us to buy off on this. And you know, you could ask him for crowd. They brought a ton of these to us throughout the years and every one of them I denied for years. And I said, until we start getting, until we get a Texas amendment, This says that developers will start paying for the infrastructure on these new, new developments. Uh, that way the developers not just using as an excuse to not, not put it in because the neighbors are saying that, and we're not putting that burden back on those homeowners. I said, I'll, I'll never vote for one of these. Finally, the city brought us a text amendment. Um, and after that I started approving these. So this is a, there's nothing different about this. Um, I'd hate to buy into a community only to find out here in 15 years, I get a 10, 15, $20,000 assessment and it could be a $30,000 assessment in the future. So, uh, I, I gotta go back to my roots of where, where this whole thing started. And, uh, I, I can't support something with the deferral.

Anybody else? Yeah. And that's, that's part of the reason I brought this forward was I wanted to have a discussion on this. So, um,

Can we install the full off-site improvements instead so that this isn't an issue?

I'm sorry, can you say that again?

Can we install full off-site improvements?

So let me ask you this. Do you want to have a vote on this tonight or do you want to hold this for 30 days and we can discuss it further?

THIS GOES TO CITY COUNCIL, CORRECT?

IF IT'S DENIED, YOU WOULD HAVE THE ABILITY TO, OH, IT'S FINAL ACTION.

OKAY. IF IT'S FINAL ACTION, THEN LET'S, I GUESS, I DON'T HAVE A CHOICE, LET'S HOLD IT 30 DAYS AND LET'S HAVE THOSE CONVERSATIONS BECAUSE, AGAIN, FROM THE CLIENT'S POINT OF VIEW AND FROM ANYONE WHO'S TRYING TO SPEND MONEY, NOW WE HAVE TO BUILD THE RURAL OFFSITES WHICH IS MORE MONEY. IT'S NOT LIKE WE'RE DOING NOTHING AND THEN PAY A FEE THAT'S MORE THAN HAVING MAYBE JUST BE BUILT IT. And that gives me opportunity to go talk to the client to see if they're just want to pay the deferral fee at that point, or if they want to do build in and we can have that conversation maybe in 30 days or hopefully.

Well, let's hold it for 30 days. Let's maybe have, you know, reach out to, to me and let's talk about it a little bit more. And, um, and then we'll, we'll be back here in February and hopefully we'll have something resolved.

Okay.

Chairwoman, I would also encourage them to, um, speak with, uh, pull public works into that conversation just to find out what we can do because, you know, if it's putting in sidewalk or putting in some of those improvements, maybe there's still a trail or something or some of the, some of that that happens behind that sidewalk. But I don't think we can, yeah, that would be able to determine that at this meeting. So I think holding it in advance for 30 days and working with you and public works at the same time would, It looks like Public Works wants to add a comment.

To be fair to the applicant, he has met with Public Works a couple times, and we were okay with the condition at first, but I see, yes, the homeowners would have to pay for the covenant.

Okay. Do me a favor next time, talk into the microphone a little bit more, because I'm just having a hard time hearing you. That's what happens when you stand in front of speaker stacks in your 20s. Don't do it. Okay, so yeah, so we'll just go ahead and work with Public Works, and we'll, you've got my number, so we can have some more conversations about this. So I'm going to make a motion at this time to hold this item for 30 days to the next, to the February 10th meeting. There's a motion on the floor. Please cast, please post, and that motion carries. Thank you very much, and we'll chat soon.

Sounds good.

Okay, thanks. Item number 11, abeyance 25-0096. Actually, sorry, I'm going to take one more thing out of order. Mr. Gronauer, I apologize. Sorry. but you're all locked and loaded now. Okay, I wanna call up number 17, if the applicant is here, it's 25-0502VAR1, applicant owner Cherie Tonkin. for possible action on a land use entitlement project request to allow an existing side yard fence, existing rear yard fence, and existing residential accessory structure shed that do not conform to Title 19.06 Development Standards for Heightened Setbacks at 5881 Wild Horse Ledge Avenue, Ward 6, Bruny. Staff recommends denial. Can I have the staff report, please?

Madam Chair, this is Josh Nolan with the Department of Community Development for the record. The requested variances are the result of a code enforcement case for unpermitted structures on the property. The case remains open pending the results of this variance application. The applicant has created a self-imposed hardship by constructing the fences and shed without permits, and they do not meet heightened setback requirements under Title 19. Therefore, staff recommends denial of the requested variance subject to conditions if approved. Please note additional documents of protest have been received since publication. Thank you.

Good evening, ma'am. Sorry I did not get a chance to reach out to you in advance of this. You can put something on the record if you would like to, but my inclination is I want to come and see this improvement before we do the full hearing on it. So I would like to make a motion to continue this to the February hearing. Would that be okay with you or would you rather have it presented tonight and have us take a vote on it? I don't know.

No, that's fine. Okay. Yeah, we can move it to February.

Okay, so do me a favor and just give the clerk your contact info and then you and I can touch base and I'll come out and see the project and then we'll go from there.

Okay, sure, I'll let the homeowner know.

All right, great, thank you. That's why I wanted to call you up first. Okay, no problem. All right, so with that, Oh, I'm sorry. The clerk would like your name for the record.

Oh, sorry about that. Jessica Lane with Proficient Patios representing the homeowner, Ms. Tonkin.

Okay, great. Thanks, Ms. Lane. Okay, thank you. All right, so I'd like to make a motion to obey item 25-0502 VAR 1 to the February 10th Planning Commission meeting. There's a motion on the floor. Please cast your votes. Please post, almost. Commissioner Lobo, oh, okay, please post. And that carries. Okay, now item number 11, abeyance 25-0096, applicant owner Searles-Ozland, LLC, for possible action of the following land use entitlement project requests at the northeast corner of Searles Avenue 3rd Street, Ward 3 Diaz. Staff recommends denial on the land use entitlement project 11A, abeyance 25-0096 VAR1 to allow a 10-foot rear yard setback where 20 feet is required. 11B, abeyance 25-0096 SDR1 for proposed one-story, 50-unit residential tiny house park with a waiver of perimeter landscape buffer requirements. May I have the staff report, please?

Thank you, Madam Chair. Staff finds that the proposed tiny home park does not support the goals of the master plan for the urban course focused on density and vertical construction. The applicant is proposing to underdevelop the subject site with prefabricated structures that do not meet Title 19 setback requirements. In addition, the applicant is also requesting an exception to plant fewer trees and thus contributing to the urban heat island effect. Therefore, staff is recommending denial of the variance and site development plan review. Thank you.

Thank you very much. Good evening, sir. If you can please state and spell your name for the record. Give us your address and tell us about this project.

Good evening, Madam Chair, Commissioners. My name's Bob Gronauer, 1980 Festival Plaza Drive. To my left is Gary Gumm. He is the proposed developer here for the property. Gary is a small Las Vegas business owner here who's been in real estate development for about 25 years. And what he's looking to do is something unique on this piece of property. What I'd like to do is just give you a little bit of background, first of all, the reason why we are here, and then I'd like to talk about the area, and then get into probably the main discussion is the elevations that we're proposing on the boxable product. First and foremost, if you're familiar with this piece of property, where it's located, this is an infill piece of property on the Las Vegas east side. As a matter of fact, with the master plan of 2050, it talks about this area as a Las Vegas East District as far as development. One of the things to know about this area in the Eastern District in Las Vegas, it's underinvested with respect to infrastructure and other investments in this area. One of the things that Gary's here looking to do is to come in with a development that's unique that is going to be a big infusion of investment in this area of approximately $6 million for the development that is before you today. And also, I'm sure you're aware of the background of some of the issues with housing that we have here in Southern Nevada and also in the state of Nevada. That issue has been discussed many times from the governor's office all the way down to the local level of trying to find attainable housing, trying to find housing that is sufficient for the underutilized of housing that we have here in Southern Nevada. When you take a look and you see the news here locally and then you see the studies that are done nationally throughout the United States, Unfortunately, Southern Nevada and Nevada ranks at the bottom as far as affordability for housing. As I mentioned, as I believe with this unique product here, this helps take a bite into the issue that we all have been discussing for many years with respect to the housing crisis. So that being said, I'd like to let you focus on this area a little bit more. This is about two and a quarter acres of property. This is 23rd Street, this is Searless Street, and this is Eastern Avenue in this area. You do have some commercial uses that are located here. The property is zoned currently for multifamily. You have some multifamily and commercial zoning districts in this area to the north of us. And you have existing multifamily over here to the west. And we have some single family here to the south of us. One of the things I want to do, because I think it's going to be important when we get into the elevations of the proposed development here, is give you an idea of the location of what's existing in this area. So when you take a look at our property, and I want to show you just to the south of us is, when you're looking at the property located in this area here, just to the south, these are the location of the homes that I'm showing you currently, what you see to the south of us in the area. When you take a look in this area here, and these are gonna be focused in this area, what we will be across the street, you'll see these are some of the apartment buildings that are existing today. I believe these have been built somewhere in the 70s, and you can see some of the elevations in this area, again, as I wanted to focus, as we will have some discussions on that. As you go further up along 23rd Street, and this is in this area here, you'll get a little bit of a better flavor. This is the corner of our property. with some of the existing elevations and development in this area. Again, I want to show you inside here, so you could get a better look on both sides of the elevations of the existing buildings. As you can see, there are different elevation colors in here, along with, again, showing you the interior of the properties that are adjacent to us, or not adjacent, but across the street to the west of us. This next location is gonna be further up on the street here. This is another existing multifamily development. As you can see in this area here, a little bit more updated with respect to the type of elevations that are existing on the property. As you look further north of our property, although you won't see it on the map here, but there is an existing multifamily building. This is what faces out on Searles. In the area here, as you can see, there's outside steps for this apartment complex. It's a two-story building. And then when you're looking directly to the north of the property here, this is the side elevation of the existing multifamily building. Then when you take a look over here to the east, Adjacent to us are some of the commercial uses. As I said, as you see the auto zone, there's another auto repair shop in this area. And that's all along Eastern that separates us from Eastern Avenue. And when you take a look at the property, again, standing here on cereals, this is looking at north. You can see to the left is the west. East is on your right-hand side. This gives you a picture of what you see standing on the street in this area today. And what I think is important is as we go through this proposed development, you can see that this is an area that needs some love, some TLC with respect to getting a development to be approved in this area. And another reason I want to put on record, over the last five years, if you look in your staff report, what you will notice is there's been a number of code enforcement issues here. What that means is there's been a lot of issues in this area. There's a lot of homeless encampments that have happened on this property. The neighbors in this area have gone to the media. There's been discussions out there about trying to remove that. I know Gary's been working with your city department on these issues. At times, you see you have the fence here. Even though you have the fence, they're still able to cut through the fence and set up camps in this area. Hopefully when you take a look at this property with the projects what we're proposing is Better than what you see here today to remove that homeless encampments that actually come up on this property And allow us to make this type of investment that we're looking for Next I want to focus on is just a site plan overall the site plan here is Again, down here is Searless, which is ingress and egress in this area here. We have 50 what we'll call casita slash homes that are being proposed in this area. As a matter of fact, these are homes that are tiny homes that are manufactured by Boxable. Boxable is a manufacturer here in the city of North Las Vegas, local manufacturer, where this type of product is being proposed to be built here. So as you can see in between the green space, you would have 50 individual units that are located on the property here. These 50 units come out to density about 22.22 units to the acre, which falls well within the R3 zoning on the property that's being proposed. The next thing I'd like to do is, because I know there will be some discussion on the boxable model, and I handed this out to you because I think it's easy as you go through it, you'd have an understanding of the where we've started and where we're at tonight. But before I go to the exterior, what I'd like to do is give you a look on the inside of a mock-up of what one of these things actually looks like on the inside, so you get a better feel of how this is gonna lay out. The square footage is about a little less than 400 square feet, but this will give you an overall view of the interior of the property here. All these are going to be studio apartments. As you can see, you have the studio apartment. This is a typical design that you see throughout the valley. I've lived in a studio apartment, and I recognize the floor layout that you see here. You have some other pictures here, giving you a little bit of a closer look of the kitchen area here. And as I'm showing you here, this is the living room and showing you the bedroom. and then the bathroom makeup of what would be proposed within one of these units. So that gives you a pretty good idea of the interior of one of these units that we're proposing. Now, what I have and what I've handed out to you are two different type of documents. One is I'm going to go through fairly quickly the various generations of the type of elevations that we're proposing. And then I've also handed out, to maybe make it a little bit easier, I think it's easier, maybe it isn't, this is a list of the different proposed options that we put together through the various generations. So you can understand that what we're looking to do is trying to make a better improvement than what you see here, which is the base model that you see that's before you. So when you take a look, when we first started before I got involved, I believe this was the initial submittal in here for the boxable. As you can see, basically what you're putting in here was a little bit exterior painting, multicolored doors with some units. Obviously, there were some concerns with the type of elevation that was being proposed here. So then as I got involved, what I'll call is we came in with version three. This elevation here, we can see. is an added door and window accent trim in this area. We had put a suckle implanter and unit number in here for the unit itself, and we put some modified wood accent panel in this area. So we thought that this would be something that would definitely fit in this area, was already existing as I was showing you earlier. However, we moved on to another model an elevation, which is elevation number four, version number four. As you can see here, this time what we did in listening to getting some feedback, we added some shutters above the door, excuse me, the metal awning, and then we have shutters here by the windows in this area, and we did some upgraded lighting on the building. Then we proceeded to go through version number five, which is a little bit more upscale than what you've seen, obviously, from the first version or version number two. is we did an extended roof line in the area here in lieu of the metal awning that we initially had. And by the way, although you see the white color exterior, we could change the color of these buildings, whatever that is, to suit the area to be more compatible and harmonious. Version six is now more of that modern color scheme. Personally, I think this is a big difference, a significant difference from where we were from the initial version of the Boxable to where we are here. What you see with the modern color scheme is modern wood panels that are actually underneath in this area in the roof line and along with some wood accent panels located over here. We put the different colors on the doors. We can now slide the numbering to the units that you see approved that we're proposing. And then finally, the version number seven elevation. What we've added here is this floating wall, as far as an idea with respect to everything else that we were proposing, along with the roofline that comes out. So we have different versions of that floating wall that's located there. So what I'm going to show you here, which you have is on the last page, we believe we've made some significant strides. from where we initially started with the initial boxable that you see there to a version of what you can see located here on the right of the area here. And we believe, respectfully, we do believe that the changes that we've made to this boxable is definitely more than compatible and harmonious in this area. We believe that this is going to be a significant investment, but not only a significant investment, this is going to clean up an area also that there are problems in this area. And we're here respectfully to listen to your questions and your comments with what we're proposing. And there is, you know, we love to hear your personal feedback, and that's why I kind of joke around a little bit when I was putting this together. Even today, I go, this is the menu of options that we've gone through, and I'm sure there might be more options that you might be able to come up with, and that's fine, respectfully, but I do appreciate you allowing us to hold this several times. It's not easy to hold, but I did want you to understand that over the last several times we're holding, we're trying to figure out a formula to make something work here, and if not, like I said, we'll figure something else out from here, but in all due respect, I wanted to bring this to you Gary's here to answer any questions. He's put a lot of time into this. He's a small family business owner looking to do good here, and this is a significant investment and a risk to take in this area, but he's willing to do it, and we're here to answer any questions that you may have tonight.

Thank you very much, Mr. Gronauer. Before I open up for public hearing, Just wanted to quickly make a disclosure that I do own shares of Boxable. I do not own anything like a majority of shares of Boxable, but just wanted to make sure to disclose that for the record. So if this item has been noticed for public hearing, are there any members of the public wishing to be heard on this? Okay, seeing none, I will close public hearing. I will turn it back over to the commission, starting with Commissioner Schwabman.

Yes, thank you, Chair, through you. I have quite a few comments here. And I want to start off by saying I appreciate the applicant coming to my office from the very beginning and his son sitting out in the audience. And then when Bob was brought on and working with me, trying the best to get this project as close to an approvable state as we possibly could. And we've made some big strides and changes from the beginning. But, you know, I do want to say, I mean, Mr. Gronhauer, you showed pictures of the community on all four sides of us. I could show you pictures of the arts district 15 years ago on every side of the bar that I first opened down there and how dilapidated it was. I could show you. how dilapidated a lot of the places down in the Founders District and once you get down to Maryland Parkway and like Lewis and Bonneville and I could also show you pictures of what KLA and Cameron Fulad did to those properties where they put millions into them and made them look like fabulous looking buildings. And they were old and dilapidated like this. I also want to point out that city council received a presentation from applied analysis a few months ago. And we have a total of three to five years of land left in the city of Las Vegas, buildable land. Now, that could be extended a bit if we still continue through this slowdown. And maybe that's five to eight years. Call it ten years. Ten years is nothing for this city. And we have to demand the best of our population. our products and we just can't look at old dilapidated apartments across the street and say, well, we're building better than them. We need to build the best that we can and we need to push the envelope and we need to make sure that we're doing the best for our ward. So our ward's been neglected quite a bit in this area. I approved a apartment complex over a year ago and it went to city council and Olivia didn't like it. they were asked to come back to me and, and to work with them. They spent over a year, uh, working with us to get this project up to a point to where it could be approved. So that's why I wanted to work with you a little bit more on this project. And, um, and just, just to know that we, we, we want to have nice stuff here too. I know that the applicant said that he could potentially put more money up and if it was in ward two, well, I'm, I'm in Ward 3. I'd like to see more money put into our ward as well and not just keep getting the same old thing. And this is when we had a plain white box at the very beginning. Saying all that, we've made some big improvements here. And we've put in these shutters and, you know, extended the roof line. I think that was Councilwoman's idea to... that she wanted maybe an overhang and then the applicants went back and they, they found a way to do that. I think we're on the right path. One of the things that, and I'm not going to say that anybody was deceitful and the way that this was presented to us, but every one of these, and I just got to thinking about this yesterday was every one of these render ends are presented from the front corner. And it's the same exact elevation. I'm pretty sure these have the barred air conditioning units that mount to the side of the building and it would have been good to be able to see a rendering or an elevation that showed that air conditioning unit to see what that looked like as well. I think that some of the things that I was trying to explain as we were going through the design was, you know, what could we do to the design to make this pop a little bit better I don't want to see a project that comes in that is almost there and then in three to five years the paint starts to fade and then the wood starts to deteriorate and things of that nature. And I'm not saying there's wood. I'm just saying that basically I see these projects now and then where they come through and then five years later they don't look as good. So I want to make sure that that's not happening. And then plus, I think elevations, like being able to see the elevations from all sides versus just these renderings would have been really helpful. The landscaping looks great if we're actually doing this landscaping. I'm not sure if we're doing this landscaping. I think it was offered to us to do landscaping. But I'm looking at the landscape plan. And we only have two shrubs in the front of each of these units. So landscape plan was never updated with the intent intentions of what you have and, and, uh, your renderings, which, you know, the, the landscaping looks good, good around here, but also what we're looking at this elevation in these renderings and Mr. Gronehower, they're, they're 20 feet off of the, the render and starts 20 feet off of the front of that building. but to give a real good accurate depiction of what's really going on, it looks like the asphalt goes all the way up to about three foot off the front of this building. So I don't know how we get the, how we get the, uh, the, these really nice porches with the steps and then all the additional landscaping in front and things like that. So I would like to see it tightened up. I'd like to see it move forward to city council. I'd like to, I would like, I would make the recommendation that we, Figure out what we're doing with the landscape plan. We get that onto the landscape plan so city council can see that. Get elevations before you get to city council so they can understand what that looks like on all four sides. If you do have that air conditioning unit that's on the side of the building, show that, and maybe you can have a picture or something that shows what that looks like. I kept trying to... explain without telling you what to do, because I don't want to design your project for you. Uh, because I want you to have all the freedom to do, do as you please. One of the things I was thinking was if you took just some sort of poor perforated metal, uh, eighth inch steel or whatever it is, and you know, and, and come out a couple of feet across the, the, the air conditioning unit, and then back in and bolted that onto the outside. So therefore, it still fits with your boxable. It doesn't necessarily have to be an expansion of your boxable or your interior square footage. It could be just an architectural piece that's planted on the outside. And maybe that's just $1,000. I don't know what it would be. But I wouldn't think that it would be that expensive. But that way, we're not looking at just that air conditioning unit hanging off the side of the building, because that would kind of make it more look like a walk-in freezer or like a construction office or something. So a little bit of screening there. I think the front looks good. I like that wood, that pillar that you have going up to the roof. I like the wood on the ceiling of the overhang. I hope you can take these things, update that landscape plan, get us elevation and all those items before it gets to city council. I think you're close. I just don't think we have the whole plan put together just yet to make me feel comfortable enough.

I appreciate that, Councilman. The floating wall that we kind of see hanging down there, that is, as we discussed, it's also a practical item. You know, provide some privacy back there. There's room to put a couple chairs back there, have a cup of coffee, or they can put their scooter and lock it up. And so we wanted that depth and dimension, and we wanted the pop, but also privacy. If we're going to build it and attach it to the building, let's make it make sense, make it work for the resident there. These are for rent units. These are meant to be affordable housing. The base rent for these units is $1,000 a month. That's all your utilities, and that's furnished. So that's the objective of this plan, is to bring these online and be affordable so that people can You know, have a nice place to live. And then these are casita style. They are standalone units. Nobody upstairs, downstairs are connected beside you. So this is such a unique and innovative type of development for affordable housing. We just want to help solve that issue. And I think that, you know, we can do that, you know, with your help for sure. Thank you.

Anybody else? Commissioner LeBeau?

Thank you. So I have a couple of concerns that I just wanted to discuss with you each. One of them is, I'm curious, all of these renderings, you have all of these units approximately two stairs up. So you have two steps into the unit. Is there an option to have those that are ADA accessible on the ground level, or is that required by that type of construction?

Well, no, it's not required for this type of construction. These will all be base grade, so the sidewalk will flow right to the threshold. There won't be steps on any of these. Of course, we're required to have a percentage of the property, but we're doing the entire property so that we don't have steps going into the units. These will attach directly to a foundation. The boxable unit attaches directly to a foundation. None of the plumbing runs underneath the unit like you would see in a mobile home type property. So that's what's unique and innovative about boxable. And so, yeah, hopefully that answered your question.

Yes, thank you. So the other comment that I have is kind of in regards to the Boxable itself. I think a lot of times developers can kind of get tied to these innovative new materials that are coming out, this prefabricated construction, and it isn't always necessarily the best way to accomplish what you're trying to accomplish. One of the things I think that's possibly limiting you on the design aspect of this is that all of the windows are kind of vertically situated. There's not a lot of variation in what can be done on that facade. And so I think maybe taking another look at what you're using for that construction, Is that really going to hold up in our climate here? I believe Boxabl is a SIPS panel construction, so structurally insulated panels. And typically you would have another type of material that gets applied to the outside of that. And so I don't know whether you're planning to use like a stucco on that or a vinyl siding. But, you know, looking at all the other properties in that area, having something that is easily cleanable, if something gets dented or a hole gets put through it, you're really going to want to have something that can hold up for, you know, 50 years to that type of abuse. So I just I don't want it to look like all the other properties that are in that area. I want to make sure that it is, you know, it's going to hold up over time.

Thank you, Commissioner. Yeah, these units are actually built to exceed the code and they're very high insulation value. And then because of that sandwich, that metal with the insulation sandwiched between another piece of metal, that exterior, which you can paint it, you can add other pieces and designer pieces to it like we've shown in some of these pictures, but you don't have to. They're already painted. and they're already they come from the factory that way and it's like a gloss almost type of thing so which makes cleanup of them much easier than say a stucco or something brick or something like that where if somebody was to graffiti them or do something like that so we liked the materials it's high quality material and And so we would be happy to paint it, but we want to be careful about how much we kind of glue onto the side of it. You know what I mean? We don't want to take away from that durability because it is a big factor and these are extremely durable.

Commissioner Rogan.

Thank you. I just want to say when this first came on, I was absolutely against this. And I think that with meeting with Commissioner Schlottman and through your lobbyist here, you've come a long way. And I think that it shows. And I really do appreciate all the efforts that you have. In terms of suggestions, I think that we're all just kind of stuck on what is this product and what is the durability. Because even if we say now as we're reviewing this SDR that, hey, this is not insightly. It's harmonious and compatible. The concern really is, what is this going to look like in five years? And part of that is, we're not as familiar with this product. But part of it is, too, is you're telling us it's going to be affordable. You're telling us it's going to be a rented product. Well, what if this product turns out not to be durable? What is your plan to make sure that this doesn't contribute to growing blight in that area, which, as you pointed out, is very blighted? And your intent is to bring it up a bit. But if it doesn't turn out that this product is not what you're saying. I'm not saying that you're not being honest with us, but it just is not. What is your plan?

Yeah, so these units are manufactured here in a facility here in North Las Vegas, and you can go take a tour. Basically, any day of the week you can go tour it. It's pretty unique and pretty interesting to see. These are built with high-quality materials. These are, like I said, basically metal exteriors that are painted, highly durable, and beyond most stick and stucco as far as durability goes. There's no question about it. There is virtually no wood in these units. So this exterior, none of this is wood. None of this is something that would warp or get insect infestation. One of the reasons we want to use these modified type pieces and these metal pieces on the exterior is to get away from warping and, like you said, the paint peeling after a few years. I mean, they're all the same problems that we have with any other building here in Las Vegas, and we own and manage other apartment communities here in Las Vegas, so we're very familiar with it. But one of the great things about these units is they are so durable. And so that helps us from a management standpoint to keep costs down and which allows us to make it more affordable for the residents who will reside there. So it's certainly something that we thought about and when we went and did the tour at the manufacturing facility, we're very impressed with the type of product that they use here and I feel very confident that this product will look in five years or 10 years or 15 years better than a stick and stucco building. Absolutely. And I can say that because we've owned and managed these properties. Our background is rehab and repositioning older communities that are typically stick and stucco. And so, you know, we're excited about this type of product for the future. and the durability factor, especially depending on where you want to put these things. It's a good point where you bring it up, and I understand that because we run properties downtown, . And so it's something that we've thought about for sure, and that's why we're not using any kind of wood materials on the exterior that will warp, get infested by bugs, or anything like that.

Chair, can we just have a couple follow-ups?

Sorry.

Thank you. And I appreciate that. I'm just concerned because the base model, which is not what you're proposing, it's just reminiscent of temporary structures. And I'm thinking of the students in overcrowded schools where they come in and they're stuck in these portable classrooms for years. And I just don't think that that meets the quality of what we're looking for, even in this area, as you pointed out, is very blighted. So that's my concern, that it doesn't meet the standards for SDR because it's not the, even though the models that you're proposing are great, that it's just not the type of development that we want for that area. For suggestions, as you move on to city council, If you're considering moving on with this, I would say take a look at your site plan like others have commented tonight. I think that your project kind of reminds me, and I told Mr. Gronauer about this, of the cottage courts where you can have these smaller homes that are together, and they're surrounded by more landscaping. And the way that you structured your plan to, I think, to maximize the number of boxables on there is you have it surrounded by parking. And maybe if you could consider a different model where you are putting multiple units together when there's more of that landscaping that Commissioner Schlottman was talking about and separating the parking from being right in front of the boxable units, that might be something that's more compatible with the neighborhood and might be something that's more approachable. So I think with those two comments, I'm almost there, but I'm not quite there in support of your project tonight. And again, it just comes down to the hesitation and the reminiscence that I have that these are are more of a manufactured temporary product. And I'm concerned over the durability of these products over the number of years that even if they're not unsightly tonight, you know, when they're built, that they're going to be unsightly in just a few years. Those are my comments. Thank you, chair.

Thank you, commissioner. A couple of things from me. I think the concept is really interesting and I do appreciate the movement towards more architectural detail on the elevations. I'm concerned, though, echoing Commissioner Schlottman, that the renderings are really not accurate. So they look, I told Mr. Gronauer, that they kind of look like some of the casitas that are out at the Biltmore in Scottsdale. You know, you have the main hotel and then you have these really pretty sort of casitas out there. But when I look at this, I don't know, then echoing Commissioner Rogan, how close you really are to the parking lot. And for me, a concern is always going to be parking lot cover and doing everything we can to mitigate urban heat island impact, especially in this downtown core. And so if you have, the latest that I saw had no parking lot trees. The staff report has no parking lot trees. And I just, for something like this, if you're trying to anchor this as the starting point of revitalizing this area and trying to make it look nicer, and be a better part of Ward 3 in downtown, then let's do that and let's not just continue to exacerbate the existing heat islands that are down there. It would be something that I would want to see, a condition that you would in fact install parking area trees. so that that would help with urban heat island impact, provide sort of it would look more like a perimeter of trees around the development itself. And that would be a key condition that I would want to see on this is that those trees be installed. The other question I have is you said that it was going to be $1,000 a month with utilities and furnished. Is that always what it was going to be before you started adding the additional elements to the exterior?

That's correct.

Okay. And so it's still, so if we said version seven, the elevations with the floating walls and add in what commissioner Schlottman said about screening the air conditioners, are they still going to be a thousand dollars a month?

Well, that's adding about 10% cost to do these improvements to the property. And basically, this is a decision for the partners on the deal. I'm not the only one that we have partners on the deal. But our goal is to keep it as affordable as possible for this neighborhood. you know, end $1,000 a month is actually under market rent for this location. So, you know, we're really kind of achieving that at best. If we have to bump rents $100 which would be 10% and 10% on the project, we're still under market. We have a studio one bedroom community not far from here and we're renting our one bedrooms for 1,150 and we get people every day looking for those units. Furnished with all the utilities, it makes sense for people. So yeah, if we add on expensive items, it's going to affect that rent slightly. but we're still gonna be maintaining under market rents. And so I'm happy about that. I will also note and add, these have front doors as well as back doors. So this is something that's really unique and interesting about these units. They have a front door and a back door. The residents that live there will have a little back area backyard, so to speak, behind. And if you look at the site plan, you'll see that a lot of the units have a large back area behind the unit. So if they have pets, which we will be pet-friendly at this property, like I said, bicycles or scooters or anything like that, they have some private space behind the unit. So I really like that. I like that much better than some of these high-density five-, six-storey buildings that are interior hallways that have no patios whatsoever. You have a neighbor... below you, above you, beside you on each side, and behind you on a lot of them. You may have five people that you share walls with in a studio one bedroom on some of these high-rise developments or mid-rise developments. We don't have that with this. This is really unique and innovative about this project. Yes, they're smaller. That's why they're called tiny homes. But that's what allows us also to put a decent amount of units on this and this piece. This is 2.25 acres and our goal is to do this project and make it look super nice because we're not doing this one time. We want to do multiple projects like this. Our goal is to have close to a thousand of these units for affordable housing in the Las Vegas Valley.

So you mentioned the front door and the back door. The other question I had was about security and are you going to have any fencing around this? Are you gonna have any type of perimeter security so that people could feel safe going out in their little back area along either of the streets? Are you gonna have on-site security? What's the plan to make sure that your residents are safe and secure?

The community will be completely walled around. So it will be completely walled around. And then we'll also have, of course, the common area lighting. But on top of the common area lighting, we'll also have camera systems, which they'll be able to download an app on their phone. And they'll be able to look at the cameras, any number of the different cameras on site. wherever they're at, whether they be at home or whether they're at work or whether they're on a trip somewhere visiting friends or family. So it's kind of unique and innovative the way we're doing that. On-site security is extremely expensive, but we will have an on-site team member there that lives on property. So that is always helpful because they have a pride of ownership. They want to live somewhere that's safe. And that's what we want to provide.

Okay. And then my last question for you is, are there any... local government level or state government level restrictions on even being able to put this type of prefab building on the ground? You know, like, are you, do you have any restrictions from the city, the county or the state on being able to put these prefab items into onto this land?

That's a good question. And they have been approved in the state of Nevada, the boxable units. And they have been, you know, I don't know how the exact count, but they have installed several of them here in the Vegas Valley. They've done other projects. They're approved in California, Arizona, New Mexico, Oklahoma. Christian Charities did a nice size community there with these. They stacked them on top of each other there in Oklahoma. Well, you're probably familiar a little bit with some of the things I'm talking about. So, yeah, you know, these boxables have been, you know, slowly getting their state-by-state approval process.

Okay. But in Nevada, they are approved. They are approved. You have no restrictions. You can just go put a boxable down.

That's my understanding. I mean, obviously we got to pull, we got to get approvals and permits and everything like that.

If this goes through city council, just would want to make sure that that was very clear to our council members as to what, if any restrictions might exist. Yep. So thank you. Oh, chair.

I was just going to say, um, I believe it was Senate bill one 50 in the 2021 legislature where the state of Nevada mandated, um, every local municipality has to designate an area to allow tiny homes.

Was it for tiny homes generally or did that encompass all type of tiny homes including prefab?

It's pretty lengthy, but it is tiny homes and prefab is included. Okay, great.

All right, anybody else?

Madam Chair, just a quick question. Do these manufactured homes come with a warranty? And if so, because to my fellow commissioners with the concerns of of deterioration over time, fading or whatever the case may be, does and if it does come with a warranty, does that warranty cover the basically outdoor elements, maybe thrashing it in some way, shape or form, sun beat or whatever the case may be, just to give us a little bit of heads up. Yeah, you say it's a durable product, hope to last 5, 10 years, but what is the manufacturer willing to give as far as a warranty on these modular homes because I don't know what the material is made of but I'm sure any modular section that I've seen on the job site because it has a job trailer or whatever it warps you know the sun's miserable out here and it fades and I'm just wondering if if that warranty applies to this product to give some sense of easement to the commissioner as far as how long this product would actually sustain the elements.

Thank you. Thank you, Commissioner. Yeah, these units are built to exceed 50 years life expectancy. So they are built to last. The warranties, there are warranties on all of the different components. On one of the pictures that Bob put up, you noticed in the kitchen, those are all full size appliances. Anything and everything that's inside of there, as well as the air conditioning on the outside and the roof, is all going to be under a warranty. All of those will be, of course, from the manufacturer for the most part, boxable. As far as the exterior goes and the upkeep of the paint fading and the UV and things like that, They don't do the roof. We have to contract with the roofing company to do that separately. But as far as the panels on the exterior, I don't believe there's any extended warranty for those. It would be up to the owner or the management company to keep those units up. These are for rent. So we need to keep them up and keep them looking nice with the great curb appeal because we count on that to get rentals and keep it full.

Thank you. Anybody else? Okay. Thanks, Commissioner, for a robust discussion. Commissioner Schlottman?

Yes, Madam Chair, through you. Just to wrap up, I want to say thanks again for working with me, and you made a lot of progress from the get-go. Some of the shutters, some of the decorative glass that you have in there, you know, whenever I was first looking at this rendering number seven, I thought it was almost like storefront glass. It went up. like seven feet and it was seven feet wide. And I thought that was a really cool thing until I looked closer and it wasn't, it was just the door and the window, but you know, uh, maybe food for thought, uh, of something you potentially could add. So I, I think you're close. I think you have a lot of, a lot of good things going, going here. We're definitely made a lot of progress and, and since September of this past year, uh, I would like to, I mean, if you do build another one of these, maybe I, and I was just thinking as, You were talking about doing another one. Maybe if they were built side by side where one was pushed back four feet, the next one was pulled forward, then you had two back and six or eight unit buildings or something, that would get rid of that boxy-looking construction container or whatever. It would maybe give it a little bit more character. And maybe Boxable has the ability to raise some of these a little bit higher. So you could get maybe a little bit of height and a little bit more dimension on it. And I think that would maybe make me feel a little bit more comfortable with some of the things that you're doing across the front. But, you know, I want this to go to city council. Don't want to hold it up any further. I don't think I could support it because of some of the things we talked about, but I want to give you that list of recommendations. You wrote down the list of recommendations. Um, and I want those things to be heard. That's why I, I would, I'm likely going to recommend denial just because I want you to go back and address it. Sometimes when we give an approval, uh, with a list of recommendations, then all people here is there is an approval. So, uh, you know, look at the, Look at the air conditioner on the side. Look at maybe if that needs to be screened. Look at your landscaping. Update that landscaping plan with what you're wanting to do. If you're really putting in more landscaping, then show more than two plants in front. I know that we didn't spend a lot of time on landscaping, so therefore you didn't spend the money on updating your landscape plan. But I think all of those things are things that you could do right now before you get to city council. I would update those. I would get with the, uh, the council person from the ward, show her all the things that you've, uh, that you've done and, uh, and then see if you can get her buy in. So one sec. And, and, um, anyways, um, this, um, anyway, so, uh, saying all, all of these things. Uh, I think those are the things that you would need to do to be able to get, get, get approval at, at, at city council. If you, if you do make it to city council. So, um, anyways, for, for those reasons, uh, commissioner, can I just add one? Oh yes. And, uh, also parking lot trees. Uh, I'm not sure why we didn't put those in.

I do have a comment on that. If you don't mind. Um, so, uh, For me, that's an operational issue because I've owned and managed department communities here in Vegas, and we know the reflective heat from the asphalt. It's just a matter of time. Those trees are just problematic. So what we did working with Jonathan was said, we'll put all of those trees plus extra in the common area around the units, you know, where it provides some shade to the entry or shade to the building and things like that. That was on, that's on me. I'm happy to put them back in. I'm just going back on my operational experience of running these communities, knowing that those trees are just constantly trying to keep them from dying, you know?

And that's on, that would be then operationally on you for management, but we just passed, we just discussed tree planning. We just discussed urban forestry and I, just am not comfortable with something that just lays bare nothing but black asphalt. So I think that that's gonna be a really important, again, piece of what happens downtown. Commissioner Schlottman and I have had multiple conversations where projects have been like the anchor project said please make sure there's sufficient trees to mitigate heat island, to provide walkability, all that stuff, so.

Yeah, and all the new trees just went up and down Fremont, you know, those all look beautiful, so I get it, yeah.

All right, due to the testimony heard tonight and the comments made this evening on abeyance item 25-0096, 11-A abeyance 25-0096 VA-01 and 11-A, 11B, abeyance 25-0096, SDR1, move to approve. I'm sorry, move for denial. Sorry to get your hopes up. Move for denial and wish you luck with getting it a little bit closer.

Thank you, commissioners, for all of your input and comments. And Commissioner Schlottman, this is not the last time you're going to see Gary and myself in your office. So by the time we get to city council, we'll see you probably once or twice more. So you know how that goes.

For the applicant's benefit, this item is final action tonight unless appealed to the city clerk.

And we'll go through the appeal process. So we'll go ahead. But like I said, we'll see you. Thank you. Thank you all. Thank you.

Okay, sorry about that. All right, item 13, 25-0377, applicant Epic Development, owner Ann at 215 LLC, for possible action on the following land use entitlement project requests on a 4.77 acres located on the north side of Hammer Lane, approximately 360 feet east of Schaumburg Road, Ward 4, Allen-Polinski. Staff recommends approval on the Land Use Entitlement Project 13A25-0377GPA1 from PCD Plan Community Development and NMXU Neighborhood Mixed Use Center to SC Service Commercial 13B25-0377ZON1 from U Undeveloped PCD Plan Community Development General Plan Designation to C1 Limited Commercial APN 1263610101513C 25-0377BAR1 to allow 18 parking spaces where 19 are required, 13D25-0377SUP1 for a major amendment to an approved special use permit, SUP78539 for the proposed expansion of an existing mini storage facility use, 13E25-0377VAC1 petition to vacate U.S. government patent easements in a portion of public right of way, Hammer Lane, 13F25-0377 SDR1 for a major amendment to an approved site development plan review SDR78449 for proposed one story 88 for sorry 8,845 square foot building addition and covered RV boat parking spaces to an existing 650 unit 107,829 square foot mini storage facility with waivers of the perimeter landscape buffer requirements may we have the staff report please

Madam Chair, the applicant proposes expanding the existing mini storage facility onto the adjacent undeveloped parcel. Staff finds the request a general plan amendment and rezoning appropriate and compatible with the existing development and surrounding land uses. Staff also support the special use permit for mini storage and the associated petition to vacate patent easements at this site. Due to the site's irregular shape and narrow east side, required parking and landscape buffers cannot be fully accommodated. Therefore, staff support the variance allowing 18 parking stalls where 19 are required and the landscape waivers. Staff recommends approval of all applications subject to conditions. Thank you.

Thank you very much. Good evening, sir. If you could please state and spell your name for the record, give us your address, and tell us about the project.

Jeff Thompson with Tenney Engineering, 6030 South Jones Boulevard. I'm here with the client.

Jason Thompson with Ann at 215, LLC, located at 3227 East Warm Springs Road in Las Vegas, Nevada.

First, just give you a really short overview of what's going on here. There is a mini storage on the corner of 215 and Ann, and that's located here adjacent to us. It's a multifamily project that was just recently built. To the south of us is a SCHOOL YARD FOR THE ELEMENTARY SCHOOL BUSES WHERE THEY ARE PARKED AT NIGHT BEFORE THEY'RE TAKEN TO THE JOBS DURING THE DAY. AND THEN LOCATED DIRECTLY TO THE EAST OF US IS 215. THE PROJECT SUBJECT SITE THAT WE'RE TALKING ABOUT IS THIS LITTLE ODD SHAPED TRIANGLE PIECE THAT'S ROUGHLY AN ACRE OR SO. AND THE SITE PLAN THAT WE'RE PROPOSING TO DO HERE IS TO So this is the existing storage unit to the west. This is one of the existing buildings. There's not going to be any additional entrance off of this property. You're going to enter off where it was entered before, and we're going to provide a ramp down to access this additional site, where it will be one RV building to be located on the west side of the property. And then all these other spaces are just covered parking spaces for larger RVs and trailers to be had. On the very east side of the property is located, there's a 30-foot drainage that we're maintaining and keeping that there. And then as for landscaping, we are providing what has been done, what we provided before is we have our landscaping along Hammer with the trees and bushes every 30 feet, as well as along the north side of our property along the trail of 215, there'll be landscaping provided there as well. We agree with staff's recommendations and are here to answer any questions that the commission has for us at this time.

Thank you very much. This item has been noticed for public hearing. Are there any members of the public wishing to be heard? Okay, seeing none, I will close public hearing. I will pass it back to the commission. I'll see if there's any comments from anybody before Commissioner Kusama. Go ahead. No, go ahead, Commissioner Salvio.

My question is, for this RV-covered parking, there's not going to be any hookups, right? I mean, because my concern would be people living in their RVs in these areas. It came up before and turned into a situation, and I just wanted to make sure for the record that there will not be any hookups in any way, shape, or form, that it's dry storage.

Yeah, there's no hookups. No one can stay there. We already have covered parking on the existing parcel next door. It's the exact same thing that we already have, just more space, because we have a waiting list for people to get into that covered parking.

I appreciate that. I just want to make sure it didn't turn into another form of affordable or obtainable housing.

Thank you. Anybody else? Okay, Commissioner Kusama.

Thank you, Chair. This agenda item, I don't have any issues with. You're right, it's a unique parcel. I do find it harmonious and compatible right off the 215, not adjacent to any homes. It's already an extension of an existing facility that sees a lot of use, and so with that, especially with staff recommending approval, I'm happy to make a motion to approve. Agenda item 13, and that is 25-0377. Thank you, Commissioner Kusama.

Oh, A through F, correct? A through F. Okay, so there is a motion on the floor. Please cast your vote, please post, and that motion passes.

And that will move on to City Council on February 18th. Thank you.

Thank you very much. Okay, I am going to call up items 14, 15, and 16 simultaneously because it is all the same applicant. I thought we could have a little bit of efficiency here. So item 1425-0459, applicant owner care access NV1 LLC for possible action on the following land use entitlement project requests on 0.19 acres at 5617. Grand Guinness Court, Ward 6, Bruny. Staff recommends denial on the land use entitlement project 14A25-0459VAR1 to allow two parking spaces where four are required. and 14B, 25-0459, SUP1, for proposed individual care group home use. Item number 15, 25-0460, applicant owner care access NV1, LLC, for possible action on the following land use entitlement project requests at 5616 Alta Drive, Ward 1, Knutson, Staff recommends denial on the land use entitlement project 15A25-0460VAR1 to allow two parking spaces where four are required, 15B25-0460SUP1 for proposed individual care group home use. And then item number 16, applicant 25-0462, applicant owner care access NB1, LLC, for possible action on the following land use entitlement project requests at 2013 Monterey Avenue, Ward 3 Diaz. Staff recommends denial on the land use entitlement project 16A, 25-0462, VAR1, to allow three parking spaces where four are required. 16B, 25-0462, VAR2, to allow an existing patio cover carport and residential accessory structure storage that does not conform to Title 19.06 development standards for setbacks and separation, and 16C, 25-0462, SUP1, for proposed individual care group home use. May we have the staff reports for each 14, 15, and 16, please.

Madam Chair, this is Mackenzie Caldwell, Department of Community Development. For the record, for item 14, due to the subject site's inability to meet minimum parking requirements, staff is unable to support the requested variance in special use permit and therefore recommends denial subject to conditions if approved. Please note that on the agenda, the ward is incorrect and the correct ward is Ward 6. Also, please note additional documentation of protests have been received since publication. Item 15 due to the subject sites inability to meet medium minimum parking requirements staff is unable to support the requested variance and special use permit and therefore recommends denial subject to conditions of approved please note additional documentation of protests have been received since publication and For item 16, no evidence of a unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by proposing to maintain an existing unpermitted carport in the front yard where a patio cover is not allowed. Additionally, the subject site is unable to meet the minimum parking requirement for the requesting land use change of individual care group home. Therefore, staff is unable to support both the requested variances and special use permit and recommends denial subject to conditions of approved. Please note additional documentation of protests has been received since publication. Thank you.

Thank you very much. Good evening, sir. If you can please state and spell your name for the record and give us your address. What I was thinking was if you had background that was uniform for 14 through 16, that you could just kind of provide that to us all at once and then speak to each of the projects.

Okay. Hi, I'm representing Care Access. My name is Edward Weigert. You should hear my address as well. Yes, please. It's 4225 West Twain Avenue, space 120, Las Vegas, Nevada, 89103.

Okay, go ahead and tell us a little bit about what Care Access NV1 LLC is and does, and then if you can talk through each of the projects in item 14, 15, and 16, so Ward 6, Ward 1, and Ward 3.

Okay, great. Care Access is, they're based out of California, and what they do is they purchase homes with the intention of allowing the women to reside and also provide daycare for up to 12 children. The unique thing about CARES is that They actually help the people that are leasing these homes through the whole process. They get them, they set up the requirements that the health department might want. They make sure that the house is safe. They help them through the licensing process. They have the Board of Health come out. So the women that actually come are actually sometimes, so far it's been women so far, but if there's a male coming, what they do is they actually guide them through the process to make sure everything is done by code with the standards that everyone's looking for. What we found out during this process is that there are multiple daycares that even haven't gone through the licensing process yet, nevertheless looking for the special use permit. So what we've decided to do is to make sure that any time we purchase a home or introduce a new client that they're aware It's a lengthy process. It's getting your licensing with the board, making sure that your sanitary facilities are up to par. And they make sure that these women are, they vet the women as well. It's not like you could just come off the street. They have a waiting list. They do their background checks and make sure that the women that are running these facilities are capable of doing so. The unique thing about them towards the end is that the women, after a certain amount of time of renting the properties, have the ability to buy that home with any increase in value is split with the seller. So these women, they're on a road to home ownership while being able to provide a service for the community. That's the broad of the company. And we could start the specifics. The one thing that might also work across all of the properties in this hearing is the parking. I know it's been brought up in the beginning, but because this isn't a school with set hours, there's no rush or influx of parents dropping their kids off all at 8 o'clock and all picking them up at 3 o'clock. They're dropped off throughout the day. I'm sorry?

It's not your time to speak, sir. You can speak when it's public comment, and please refrain from that type of language from the audience if you would, please. Thank you. Continue, sir.

Okay, I apologize. I'm assuming that's the Grand Guinness one. We actually have the person that's with Grand Guinness actually took a video of the drop-off and pickup process. So more than likely, what he's seeing is On that particular, we'll talk to Grand Guinness. The special needs person that he referred to earlier is actually the lady that lives there who runs it. It's her son. He was in a car accident about three years ago, and he's paralyzed. So actually, let me back up a little bit. One broad thing all of the properties have in common is that their hours stop usually around 6 o'clock for the kids themselves. In a very rare case, maybe a little bit longer because somebody's stuck at work, but they try to keep it to you during the day. And again, it's usually drop off throughout the day, pick up as you're available. Specifically in Grand Guinness, a couple of the things I brought up earlier is the all-night nurse. That's actually not for any of the kids because the kids are gone by 5.30, 6 o'clock. It's actually for the tenant's son. We had to help with the created ADA bathroom because he literally is paralyzed. So the all-night nurses, it's a corner lot. If you can zoom in on the site plan, it is a corner lot. The nurse usually parks on the side street while he has his physical therapy. And that would be, if there is a night nurse, it's for the person at the house. As far as the parking goes, on this particular lot, the assistant to the owner is actually the daughter. So they park in the driveway, which is the two spots. If there was another staff, again, they would park on the side of the street. Again, I don't see the big issue with the parking. Again, we'll present the video of the drop off and pick up. What else was there? I think on that particular one, that was really it. I'd like to bring up Shannon. She's actually the provider In that particular house, she can show a video of the pick-up and drop-off process so we can kind of get a little bit more clarity. The one thing to note is that the school bus that we're referred to, whether she lived there or not, those school buses aren't her school buses. Those are actual school buses. So she can probably help a little bit better explain the day-to-day, and I'll let you speak.

Good evening, everybody. Sorry, I'm very, very nervous. I don't know if you just want me to read what I wrote or if you want to ask questions or just a video. OK. So here's one of the best drop offs. Let me turn it this way.

Sorry. And as you're watching the video, you can see that there's really no traffic jam to speak of. It's fairly clear. Even though they were there for a couple minutes, there was no backup of cars at this point.

And this is the second bus. And the buses have to stop in front of the house. They can't stop anywhere else on the street. They have to be in front of my property to drop off and pick up the children. That is one of CCSD's rules for transportation.

And again, this is another bus, no crazy traffic jam to speak of.

And it goes down to the end of the cul-de-sac, turns around and leaves.

So that cul-de-sac route that they mentioned earlier, whether it was dropped off in the front or not, you'd have to make that roundabout. Okay, and maybe you can speak to the physical therapy for your son.

Yeah, so he does get nursing. The nurses do come Monday, well, seven days a week, seven to seven every day. They park on the side street. He gets physical therapy twice a week for 45 minutes. They park either in front of my house or on the side street as well. I've told all the parents, I've told all the physical therapists, all the nurses, I think one time one of the nurses parked in front of someone else's house And I told her not to do that anymore. Since then, I don't think any of our nurses have. All the nurses, all the parents, all the physical therapists, anybody who comes to my house is told specifically they are only allowed to park in front of my house and on the side. they are not to park in front of any neighbor's house, they are not to block anybody's driveway, and they're not to double park, period. And I've watched videotape after videotape before coming here, and I have not seen any evidence of them double parking, of them parking in anybody else's spot, of them even parking in front of a house. Yeah, it's one of my rules. And I have a parent here who can testify to that.

I brought her up just to reiterate, because I'm not there on a daily basis, just to show you that the drop-offs for the children are not affecting the area. And even the people that do stay longer than just a drop-off, for instance, the nurses, there's plenty of areas for them to park without double parking. So we hopefully settled that concern. And then I guess we can go to Alta. Alta would be, which is number 14, which is the next one? I'm sorry.

I'm sorry, so you're going over to the one that's, yeah, 5616 Alta Drive. Okay.

So, yeah, if you want to go to that one. So, again, it's the same situation. It's a house that's intended for daycare facility use. All of the facilities that are required by the Department of Health have been provided. The house is clean and safe. That particular house is waiting for a provider, so there's nobody currently occupying it, but it would follow the same pretty much standard as the other homes where the parents would just drop off the kid and be on their way. I believe the variance that they're asking for is because this is on a wide street. Altair is considered a wide street in that area because it's over 60 feet. But the two lanes that are directly... adjacent to the sidewalk are actually parking lanes. They're not travel lanes. And this is also a predominantly residential area. So if you can look, I don't know if there's got the street itself, but you can see that there's plenty of parking if there is one or two extra staff. Most of the time, it's the person that lives there, one other staff, and maybe a third person, but they have a requirement of at least two. Sometimes there's three people there, but we do not allow them to take care of more than 12 children at a time. And very rarely do they exceed seven or eight at any particular moment. So we're hoping that all of that into consideration as far as the wide street goes with the parking lane, the fact that it's strictly residential, mostly residential area, that that should hopefully take care of some of the concerns of the off-street parking requirement. I mean, sorry, on-street parking requirement. And then, I'm sorry.

No, no, no, go ahead.

And then for 2013 Monterey, which is the next number. Again, same process that actually provided us here as well. I don't think there was any, we'll know at the end if there's any objection, but she'll attest to the same process that the previous lady spoke about. And here she is.

Good evening. I did prepare a statement. My name is Siobhan West. I reside at 2013 Monterey Avenue. I'm respectfully requesting approval for a special use permit and parking variance to operate my licensed in-home childcare business named Halo Haven LLC at this location. Professionally, I work as a pediatric special procedures nurse currently serving students within the Clark County School District at the elementary level, pre-K through five. In addition to my nursing career, I hold a degree in early childhood development and bring over 20 years of experience operating a licensed in-home program. My goal is to meet a critical need within our community by providing safe, high quality and reliable childcare for working families. Vegas continues to face a shortage of licensed home childcare providers and programs like mine play an essential role in supporting working parents and contributing to the overall economic health and livability of our region. I'm committed to serving families with compassion and flexibility, including those with limited financial resources. Halo Haven will be fully licensed by the state of Nevada. The property will undergo all required inspections by the Southern Nevada Health District and upon approval of special use permits, the state fire marshal. All licensing documentation detailing operational procedures, curriculum, and emergency preparedness plans have been completed and is pending final approval contingent upon this issuance of the requested permit and variance. Once licensed, I plan to employ one assistant and care for no more than 12 children at any given time. All of these children will be under the age of 13. The majority of enrolled children will be infants through five years old with limited attendance by school age children when the Clark County School District is not in session. I will remain in strict compliance with all state of Nevada ratios, including childcare regulations and mandated staff. Halo Haven will operate Monday through Friday from 6.30 to 11.30 p.m. with flexible drop-off and pick-up times to accommodate the varied schedules of working families. I'm requesting a parking variance. However, due to staggered and flexible drop-off and pick-up scheduling, I do not anticipate more than two to three vehicles present at or near the property at any given time. Ensuring minimal impact to my neighbors is a top priority. To that end, I will implement call ahead coordination and curbside to car seat service. I'll skip the rest of this. Oh, well, no. The property includes three covered parking spaces, along with approximately four street parking spaces directly in front of the residence, which will be utilized conservatively. Thank you for your time, and I'm open to any questions that you may have.

Thank you very much. Yeah, no, what I was gonna just say is have both your providers come down here, because we're gonna, you can make a comment, then we'll open it up for public comment.

You said what? No, she said once we're done, all the providers will come back up.

So just sit in the front row. Sit in the front row. Yeah, just sit in the front row.

As you can tell from the two other testimonies here, The whole program that CARES is providing is making sure that these daycares are fully licensed through all the processes, as you said, fire department, health department, board of ed. As you know, you can Google home daycares and a bunch of them pop up, but how many of them have gone through this process? So we're hoping to create... a model where this is common in all the areas where they do need the additional help with the kids. It's affordable. And other than the impact or the positive impact that it has for the people, these providers are also given a safe place to rent, to live. And then when they come back up with some questions, the program allows them. How many years is it? After six years of lease, they actually can work with the owners of the house to buy the house. If there's any questions, they can answer that a little bit better. They'll give them the option to purchase the house And any equity that's been accrued over that time, they actually split that. So it's not like they're selling it at market value. They'll sell it at whatever they invested, plus split the market value. So it's a great program all around. We understand the concerns about the parking. And a lot of other places, you'll have an influx of 8%. an outflux at four. But because these are working parents, some of them work all different hours, they're dropped off staggered. So I'm hoping that that would help alleviate some of the parking concerns.

Okay, I think that's it. Thank you very much. These three items have been noticed for public hearings. So why don't we go ahead and have everybody who is here to speak on the item number 14, which is 5617 Grand Guinness Court. Come up first, you will each get two minutes to speak. Please try to, me too's or ditto is perfectly fine. If you spoke at the beginning, then we can wait and see if there's time for additional public comment. But if anybody's here to speak on 5617 Grand Guinness Court, let's come down. Then we'll do Alta Drive and then we'll do Monterey Avenue.

Good evening.

And just do me a favor and just confirm for the record which number you're on.

Yeah, my name is David Lee. I'm a resident at 5608 Grand Guinness Court. So I live several houses down from the 5617 address. So yeah, I do have some concerns. Now I'm a homeowner and I've lived in this house for 16 years. It's a cul-de-sac, okay? And it's obviously a dead end street. So my whole time of living there, my whole time raising my family there, It's been a quiet street because let's face it, everybody that comes down there usually are homeowners or residents or people that are coming to visit, right? A year or so ago when these other people took over the house, we've had nothing but traffic flowing through there now, okay? And when they said that people are double parking, people are pulling up at all hours from early in the morning till in the evening, okay? School buses come through there. I used to work for CCSD. I was a special needs driver, retired 12 years. So I know there's more than one bus that flows through there. So they've been running a daycare since they came in. I don't know how they were able to get that on. I don't have anything against these people, but I mean, you know, this is a residential neighborhood. If you want to do something commercial, you should get a commercial building for that, it seems to me, okay? So I don't want to, you know, mention any words about it. That's just my feeling on it, and I'm against it. It's a residential neighborhood. It's been a quiet neighborhood. Up until this time. Okay. Thank you for your time. Appreciate it.

Thank you, sir. Anybody else, come on down. Please come down and line up so we can just kind of cycle through comments. So anybody who's here for 15, 14, 15, and 16, come on down to the front row and let's just have everybody set up. Ma'am, thank you. Hi, good evening.

My name is Lisa Solby, and I live at 5604 Grand Guinness, so I'm a few houses in from this daycare. And I oppose what they are requesting for the simple reason that they have been running a daycare out of this home since they moved in. The video that this lady showed you was very nice of the one bus in front, but I can tell you that it does not look like that all the time. There are people who would double parking. There's a little bottleneck on the corner at times, so it's not an accurate view of you know, what she showed you. There are buses coming down the cul-de-sac that I hear. And I would just like to say to this gentleman from California, when you're buying these homes, maybe you should buy a home that will accommodate the needs of what you're purchasing it for instead of moving it into a residential area. I'm living here 23 years. I live here, I work here, and I had an expectation that I was moving into a residential neighborhood. And now I have a daycare down the street. And I don't think that's fair to the homeowners that have been here, that have worked here, that have contributed to this city. So I oppose for that reason. Thank you.

Thank you, ma'am. Anybody else on 14 on Grand Guinness Court? Sir, you came down at the beginning.

I know I did, and I didn't think I'd need to come back, but unfortunately, like I said, I have pictures here showing some of the things. If you'd like to see them, great. If not, that's okay, too.

I'll give you a minute. So if you want to show the pictures, go ahead. Sure thing. Well, like I said, there isn't.

Right here, this is just somebody double parked in front of another vehicle, and then what happens at that point, in the morning. That's about the time school buses pull up. They then take up the center, throw out their guard. I can't leave my driveway. I was honked at and screamed at by a bus driver because he was entitled to the whole road. And clearly he was. But you know what? In the real world, there's room to get around. They're creating a situation that's nothing but hostile. We're looking at four people here in a row that are just boom, boom, boom, right down the street, just directly across the street. This nice gentleman has to park his truck in the front because everyone parts their people and does a U-turn in front of the house. And if it was a school, it's illegal to make a U-turn in a school zone. So, I mean, all of this stuff plays in and it's over and over and it's every day. I have two children. They take the bus. They go out to Jones and wait for the bus. This isn't something that can, that, you know, oh, but it's, they're disabled. Fine, if they have a disabled daycare, have it somewhere where it's zoned. Please don't sit here and strong arm you guys and us. Thank you. Thank you.

Come on up. If you're going to speak, come down to a microphone. Right here? Yeah, you're great. I'm talking about the gentleman. If you're going to speak, come down to your microphone. Yep, just come and line up.

Sure. My name is Sandra Kinney, K-I-N-N-E. My address is 724 Anna Capri Street, 89138. I have two children who attend the daycare in Grand Guinness with Shannon. The name of the daycare is Minion Ranch. It is an in-home daycare. It is not a commercial business. It has been an in-home daycare since she moved there. It is licensed by whoever licenses daycare and also by the state. I'm going to give a couple of quick facts before I go into any more details. Nevada ranks fourth for the least affordable daycare in the country. The Children's Advocacy Alliance calls Nevada a daycare desert. In 2024, the Lindsay Institute at UNLV released a policy brief that found that the Las Vegas metropolitan region is short more than 46,000 direct care workers, including daycare workers. This same report from two years ago found that the cost of childcare as a percentage of income is already higher in Las Vegas than anywhere else in the country, nearly 20%. There is a need in this region for daycare facilities, and an in-home daycare is far more nurturing for children. My kids are far happier and healthier in this daycare. They have been far less sick than they have been when they've been in a commercial daycare. Additionally, many of the children with whom Shannon works are children who have been adopted out of foster care, including mine. The familiarity of their needs, as Shannon is a former licensed foster parent, the community that exists at Minion Ranch and the care for the kids receive keep me there, even though that drive to her daycare adds 45 minutes to my commute. Minion Ranch is fully licensed. Shannon and her team have met all the requirements to operate an in-home daycare. She is also licensed through the state's updated subsidy program, previously known as Urban League. Shannon's daycare allows for those who have fostered and adopted to have our children in an in-home daycare. The question is not about whether a daycare can exist here. It does. It already does. It is licensed by the state, and it has, at most, 12 children. This park-in variance would not change any park-in situation on Grand Guiness. It would simply formalize parking and designate spots specifically for special use. And as for the gentleman who thinks that he needs to park on the street to keep cars away from his property, he has a three-car driveway and only one car is in the driveway. He purposely parks on the street so that we all use the cul-de-sac, which we do, to turn around. There are no more than a dozen houses on this cul-de-sac, if that. There is no traffic. We do not double park. The one time that one other parent parked in front of another house They got chastised. We all got an email. We got told. We do not double park. And the buses are no different than any other buses because the children are under five. It's kids in a pre-K program that can't go out to Ann Road or Jones Boulevard. They are five years old and under. Families that live on that street are overreacting. It is not a commercial business. It is an in-home daycare, and you can read the reports. All of those statistics are from the Nevada Current, Channel 8, and the Review Journal. Thank you.

Thank you very much, sir.

Hello. Thank you. And please state which address you're talking about, too. Your name. My name is Todd Solby, S-O-L-B-Y. My wife spoke earlier. We've lived at 5604 Grand Guinness Court for over 23 years. I am also a 14-year veteran of a special ed teacher, 10 years with the district. What this lady just said is... Whatever. It is a very large inconvenience for the neighborhood. We bought into this house, like I said, 23 years ago for that serenity of a cul-de-sac and now it has become a word that I'm not going to use because you guys don't seem to like those words. However, I understand, but again, it's a nuisance. It's an ongoing nuisance. People do double park, so I'm not quite sure what she's talking about. And that's really all I gotta say because I won't be nice.

Thank you, sir. Anybody else on item 14 for Grand Guinness Court?

Good evening. My name is Robert Sorrell. I live adjacent to the property in question at 5616 Grand Guinness Court. And yes, that is my truck on the street because we moved in here from California about five years ago and hoping to have a nice, quiet, serenity area. I'm a 100% disabled Vietnam vet. My wife is disabled. My son is disabled. I have to take care of them in my house 24-7, myself as a caretaker. So I don't belittle anybody else from trying to do what they want to do with their property. However, it is an inconvenience for me. I get a lot of people turning around in my driveway. The markings are there to view. And when my truck wasn't there, I would get a lot of people parking in front. So it's my wife... of course, gets aggravated with that because she likes to have peace and quiet, and so do I. And I'm not the kind of man who's going to approach these folks directly. However, I would like for this not to continue in my area, all right? And if it continues, things could just escalate and a lot of animosity could prevail with all of us in that cul-de-sac. And there are people that are not here that own businesses and work out of their house, lawn keepers, whatever. And they've mentioned it to me. The trash man, when he comes around in the morning and the bus is there, he has a hard time picking up the trash. He has to wait or go somewhere else first to come in and do his business. So his voice is... his concerns to me, and I'm like, hey, this is life in the big city. So I'd appreciate it if you could just advise these folks that this is not prudent. And I agree with the comments of my associates that I do not agree with this proposal. So I thank you for your time.

Thank you very much, sir, for your engagement. Okay, anybody else here for 14 for Grand Guinness Court? Okay, seeing none, I will close public hearing on 14 for item, hold on a second, for item number 15, which is 5616 Alta Drive. Is there anybody here for public comment on that item? Okay, seeing none, I will close public comment on item number 15, which is the location of 5616 Alta Drive. Is there anyone here for item number 16, which is the item located at 2013 Monterey Avenue? Okay, seeing none, I will close public comment for item number 16. Okay, sir, if you wanted to come back up for rebuttal. Yes.

After listening to the multiple concerns, I want to get one piece of clarity and an alternate solution. They had mentioned multiple times that if they want to run a commercial This is actually residential use. It's in the code. It's in the Board of Health code. That's why it's 12 children or below is allowed in a residential district. So that I don't want this commercial use. That's the reason that we're licensed as an at-home daycare, specifically under 12 children. So because there's a lot of back and forth about the parking situation, I'd like to offer an alternative, and I spoke with the provider as well. Considering that the issue is that all of these cars make that left turn off the main highway, go down the cul-de-sac, it's a corner lot. We would be willing to make sure that the provider and the buses actually drop the kids off on the main road, which is on the corner, and continue straight. There would be no need for them to turn around. make U-turns. If you could bring up a map or a Google, you could maybe see exactly what I'm talking about. And all the people that do live in that cul-de-sac will probably never see a car going down that road that's not somebody that lives in there. So if we could pull that up, that might help alleviate some of the concerns, because I see that The objection is not the kids themselves, it's the parking. And then, yeah, this street is, this corner property is ripe to have them dropped off right on that, what was the name of that street? Yeah, I'm sorry, I don't know the street, but if you were able to pull up a map, it'll help you visually, and overhead. Okay, if you zoom in, it's Camas Canyon Court. They can actually drop their children right off of that outside corner and continue to North Jones Boulevard without having, and it can come in both directions, come off of North Jones, make the left, and then we would avoid this cul-de-sac altogether.

Okay, we're gonna have a discussion with Public Works about that offer. Anything else you wanted to respond to related to any of the public comment?

No, and then the other thing is, that the disabled person, again, it's not disabled children that she's taking care of, it's actually her son. So any reference to disabled people is actually her son that actually lives at the house. So the nurses that take care of him, the physical therapy is for the resident himself.

That's all I have. All right, thank you very much. Okay, let me, you go ahead and stay up here, sir. So we're gonna turn this back over to the commission. We'll just kind of walk through each of the items and ask some, well, actually, I thought I was being super clever doing these all at once. Maybe I wasn't, but let's just do this. Let me kind of just walk through everybody on the commission and their items. um and see what people have for the different items in the different wards so anybody have any thing for either 14 15 or 16 and please just distinguish which one you're talking about commissioner rogan thank you chair i mean i have some general questions um with regard to the operations of these and for the applicants and the operators and they have some questions for staff as well so um

It's been mentioned that these properties are already operating as a daycare. Is it operating as a daycare under state licensure, and what's the maximum number of children you have?

I believe right now it's five, right? Okay. Monterey's not open yet? Okay, no, but as far as without the air?

You folks can come up to the microphone. I don't need to have this man act as a proxy.

Yeah, I'm sorry.

So I am licensed, and I have been for... And how many children now utilize your services?

Right now I have, well, there's eight enrolled. Two are at school. So there's six that are usually there.

And then under the state licensure, someone mentioned a staff-to-child ratio. Do you know what that is?

Yes, I can have one to six. One to six. Anything over six, I have to have an assistant, which I do.

Okay. So then once you hit seven, two people need to be there. We need one parking space for you. You already live there. That's fine. And one parking space for the staff member.

My staff member is my daughter. She lives there too.

Okay. And then I guess my question for staff is, in looking at the minimum special use requirements for this, I mean, we're saying that it can be on a 6,500 square foot lot. So that's our one, our one is 60 feet in width. And essentially we're saying that if, if you're at seven children, you need four parking spaces. Am I understanding that correctly? Um, yes, you're correct. Yes. And they all have to be on the lot. So we're saying at least 36 feet of the front yard of the 65 square 6,500 square foot lots have to be paved for this use in order to meet the minimum special use requirements.

Right. So through your chair, um, each, each parking space would be nine feet wide. So that's 36.

Yeah. So you're talking about more than half of the front yard would need to be concrete or pavement in order to meet our current code. Yes. And then even if you're on a cul-de-sac and There's ample, and I'm not saying that there is on this cul-de-sac, folks. I'm just trying to propose a hypothetical. There's ample on-street parking. Even under this minimum special use requirement, they're not allowed to do anything in those on-street parking spaces.

Correct. The on-site parking would only be counted for what you're providing on your site.

So what is the policy justification for not allowing these home uses for using on-street parking for drop-off?

and pick up. Just the standard way we calculate on-site parking applies to this use as well. So just per our zoning code, the calculation, the way we calculate our parking, it just lends itself to only allowing what is on-site.

I guess that's great. But my question is, why can't we allow them in residential neighborhoods where there may or may not be a lot of traffic depending but it might be safe to allow children to be dropped off for a daycare. What's the policy justification for saying that's not something that we want to have?

That's something we can definitely look into. I know there's been conversations about the parking requirement for these types of uses in residential neighborhoods. But at this point, again, going by our zoning code, that is the way we calculate our parking.

All right, and then last question. It says that we cannot do this on streets that are greater than 80 feet in width. Is there a reason why that is?

That is to keep the residential character of the, these are for group homes. It's not an individual care facility, meaning it's not a commercial daycare. So I think the idea is that you maintain the residential character of the neighborhood by keeping it on a property or a location where it has less than 60 feet of right of way.

I'm sorry, you're right, 60 feet, not 80. So on Alta, on the Alta property, on number 15, it's a residential street. It's a collector street. It's 80 feet in width, but It's a residential street, especially at this location. So why would we say if Alta were 60 feet in width, it's fine. But if it's 80 feet in width, it's not fine.

Again, I'm assuming it's going through the classifications of the street, right? 80 foot's a collector versus 60 foot residential street. I mean, all we have, obviously, to go by is what our 1912.070 says at 60 foot. Yeah.

Okay. All right. I think that helps me come to a decision. Thank you.

Thank you, Commissioner Rogan. Commissioner DeSalvio.

Thank you, Madam Chair. Let me ask this. A couple things to staff. Number one, it's been stated that the applicant has been running, I'll just use 14 for now. Has there any been, other than now everybody coming out because they got a big red sign in front of their yard. I'm sure. Has there ever been in the year that they've admitted that they've been operating as a daycare as code enforcement had to come out there on parking issues, noise issues, any type of issues that you guys are aware of?

Um, there are no open court enforcement cases and no recent ones at this time.

Okay. Second thing that I have for staff group home, Community resident, we got one coming up. Tell me the difference between the two. Does one allow to have more than the other?

So, Madam Chair, through you. So a group home is a different type of facility than a community residence. So the group home allows for a dependent child or adult care. There is the group home, which is 7 to 12. There is the family home, which is up to 6. And then you have the care facility, which is the over the 12, which is the more commercial site. Community residence is another type of use that allows for transitional housing, for sober living, things along those natures, which these are not. These are the group home individual care facilities.

Okay. I, I understand the, the position of the residents. I mean, although it's not considered a commercial operation as stated, right. Uh, it still needs to be harmonious and compatible, uh, you know, and that's, that's kind of like my rub. There's a place for it. And I'm, and I'm saying it's a great thing. I mean, it's definitely needed today's day and age, you know, everybody's got to work, old parents, everything. I get it, but it also needs to be, at least in my eyes, regardless if it's item 14, 15 or 16, it's gotta be harmonious and compatible. And I would hope that, uh, you know, instead of putting a cart before the horse, you guys would have, you know, not bought a property, ran it as a business, then came in here and asked for mercy, you know, kind of thing. I would have liked to seen it the other way around. Uh, and, and just, you know, for the neighbors, uh, if it has been a problem and there's nothing on the record that you guys ever had a problem with it. And sometimes them signs that have popped up in front of people's houses cause a problem. And I've seen that in the past too. But again, I think that this product has a place and it needs to be harmonious compatible. That's kind of where I'm at right now.

Could I respond? Sure, go ahead.

I totally agree with you as far as the harmonious part of it. We specifically, so we already have an approved special use for the same exact model. So we use the same principles and again, the harmonious portion of it, it still stays as a residential home, looks like a residential home, there's no crazy features may be assigned on the front door, but we don't turn it into a circus. You'd have to know it's there to actually have it stick out. The other portion, the other part is I wanted to just clarify that right now we're in the process of getting an approval for an AMMR, which is basically allowing us to not a skip to the I-4 occupancy group, leave it as an R-3, which is a residential, because it is allowed by code. There's an appendix for that. It's just that the city hasn't adopted that yet. And we're actually currently working on it. So the other thing that you had mentioned, that we're running a daycare without a license. We are fully licensed, and up to six kids There's some leniency there. So what we're doing is we're realizing that this is a good model, and it's starting to get to the point where we might hit that 12-child limit. So we want to make sure we have all ducks in a row. I think other than Grand Guinness, I think parking is not an issue because, again, these parents are not parking there for hours. They drop their kids off for five minutes and they leave. The only quote unquote parking would be either the staff or, in the case of Grand Guinness, the nurse would take care of a son. I believe that, as you can tell, there hasn't been any code enforcement objections. The only objections that I'm aware of is what came up today. And I pride myself on being a problem solver. So I find, and I spoke to the provider, and she's willing to talk to the buses and the parents that the kids do get dropped off, not directly in front of the house, but adjacent to the house. I know it's got to be a public work discussion, but it's still literally within walking distance in there. And if we need to, we're willing to put a a concrete path directly from that corner to the house. They don't have to go around. So we're willing to work with the concerns of the community. But the overall feel is that this is good for the people. You're always going to have somebody that doesn't like something. But in this case, it's more than one somebody. So I'm proposing that alternative so that we don't affect them. And I'm hoping that that would be enough to satisfy this.

Madam Chair, may I just? Can I go back one more time? Yeah, go ahead. See, and that's what I'm worried about, just what you just said. In order to meet the standard of Title 19, you're talking about pouring another 18 foot of concrete in front of the house, which now takes away from the aesthetics of a harmoniously compatible and a residential look. Now, to me, if I drove past that, it would look like a house I see along Jones and Alta, where they took the whole front yard out to be accommodating for whatever business they were running. And every house up and down Jones right there, all the grass is gone, everything's solid concrete. And I don't think the commercial, the residents would want a house that looks like they're entering almost into a commercial cul-de-sac. You see what I mean? So that's kind of where the harmonious and compatible thing comes in with me. Because to meet the standard for what you need,

making it look commercial well i don't i don't know that not by fault yeah i'm saying i don't know if we'll need that what i was alternate if there was a concern and again if if you look at the the this particular property being on the corner um it would it could it would a walkway this big we're not talking and from the corner to the to the front yards maybe 10 feet and we're talking even if it was required it could be favors it could be rocky it doesn't have to be industrial concrete. We're not going to take away, because the resale of the value is keeping it look residential. And again, there's no guarantee that's even going to be a requirement. It's just me spitballing, thinking of how I can satisfy their concerns and also make sure the child is safe. And even if they had to walk around it, we were literally on the corner. Is she going to send a staff out? They'll guide them. We don't even need it, but I'm just offering it as a solution, just spitballing here.

Commissioner Schlottman.

Yes, Madam Chair, through you. On the Monterey property, it's in my ward, and that one, we haven't really received any complaints. There's three spaces in the front, and where four is needed, I feel that if the fourth person parks on the street, no harm and no foul in this particular neighborhood. My bigger issue is the carport that's in the front, the legal part carport. Um, I, I've been on this planning commission for 14 years and I can't remember one, uh, carport that I've approved with exception of if it's a big re residential States property where it needs a 50 foot setback and they're looking at doing maybe a 40 foot setback, but this one comes all the way out to about five feet from the property line. I wouldn't be able to get behind that. The storage unit in the back, I understand. I have no problem with that. I think there was also some talk about limiting this to children underneath the age of 17. I think you were open to that for this particular property here. Is that correct?

Actually, by state licensing, the children cannot be over 18. So to be licensed, they can never be over 17.

Okay, so we'll probably end up crafting a motion, Madam Chair, through you, if I could.

I'm sorry, Mrs. West said she wouldn't.

I would never accept children over the age of 13.

Okay, and that's great, but just as this moves forward, and if you're not the operator in five years or whatever, this runs with the land and it doesn't run with you personally. So we just want to make sure that, uh, that we have a condition, uh, read into the record that would help protect us from the city standpoint. I know there's state regulations, but just I'd feel more comfortable with a city regulation or condition. So let me have city staff read that into the record and then see if you agree to that.

Madam chair through you, um, staff would like to read in the condition before making a motion. The condition will be added to 25 dash 0 4 6 2 dash S U P 1, um, 16 C. The condition will read the, you shall be limited to day or overnight care of children. Only the individuals being cared for shall be no older than 17 years of age. For 16B to amend to read, a variance is hereby denied to allow a zero-foot side yard setback where five feet is required for existing patio cover carport. And for 16B to amend to read, a variance is hereby denied to allow an existing patio cover carport to encroach into the front yard setback where no such use is allowed. Thank you.

Thank you.

Okay, let me just finish going through Commission comments and then we'll...

Excuse me.

Hold on one second. And then we'll probably work backwards since you've got conditions that you just read for 16. Sir, quickly.

Yeah, just a quick comment on that front patio cover that you were referring to. We actually didn't build it. It's been there with the home for a multitude of years. It's actually on the assessor's record as so, so we didn't know that it was unpermitted.

Okay, and Madam Chair, through you, and I realize a lot of times people buy properties, don't realize things are unpermitted and things like that, but as they come up, Uh, they have to go through the variance process. And, um, I know that there's some other neighbors on your street that have them. Yours is probably the best looking one out of the entire street. Uh, but, uh, uh, still, uh, I, I can't approve, uh, them if they were built, uh, illegally without it by you or by somebody else. So, and, and you heard the condition as written to the record by planning staff and, and you would be open to adding that condition to item number 16?

Yes, for the under 18, no more than 17?

Yes.

Yeah, even if I didn't say yes, it's not allowed by license, so we can't do it anyway. Thank you, thank you very much.

Okay, Commissioner Kusama, did you have comments?

Uh, a lot of my questions were answered through other commissioners, but I did have a question and honestly it's, it's regarding agenda item 14. That's five, six, one seven grand Guinness court. You've had this property since February of 2024. And I'm just curious about the request now for a special use permit, right? So are you, have you been operating the entire time under seven children or are you now hoping to expand? And that is why you're coming for a special use permit. I just want to make sure I'm having some of those facts straight.

So when I moved into the house, it was the summer, August of 2024. And at that time, we had less than seven kids. Since then, I've been licensed by the state and got all my ducks over there.

No, I understand that. Just for the purposes of the city, so the Southern Nevada Health District and the state licensure is different. I'm more referring to you would require a special use permit from the city if you had over seven kids.

So I actually put in a request to the city when I was doing my licensing, because it's one of the things we have to check off on our list. And I was told I didn't need anything at that point. And I was applying for a group home care, which was up to 12 kids. I'm not sure if someone misunderstood what I was saying, or I'm not really sure, but I did. I actually have a paper that says that at home that I did apply to the city.

Okay, and that might be then maybe a follow-up question for staff. Because that's my concern, if you have been operating over seven kids without a special use permit, that by then, standards that would be kind of an illegal operation so I just want to make sure I'm having the timeline set and you can confirm that you haven't had over seven children it's just I do some concerns and I do particularly agenda item 14 I am concerned if it is truly harmonious and compatible.

Commissioner LeBeau do you have anything down there?

Okay, I have some questions. So first of all, let's start with the proposal on item 14, public works. Can you talk about that Camas Canyon Avenue proposal and whether or not that would be appropriate for buses? Okay. And then I have a question for our city attorneys. Should I? Yeah. Why don't you guys talk about that for a second? So, Mr. Rodilla, can you talk about, are there any sort of, It sounds like there's a lot of different moving pieces in terms of regulations, governing bodies for these types of facilities. Is there anything at the federal level that you're aware of that restricts, permits, mandates? What is the top down regulations and restrictions for these types of facilities?

For the record, John Radullo, Assistant City Attorney. For these types of facilities, there's no federal preemption related to homes for the disabled under any sort of fair housing accommodation. There's an additional agenda item down the road here that we will address that matter potentially. But for these just group, they're classified as group homes in our code, but they're really private daycare facilities that are licensed by the state up to 12 children.

All right, so the federal guidelines do not apply to these particular houses, these particular uses. However, there are a gamut of... local and state requirements and different regional entities that are going to govern and oversee these operations?

Yes, there's state licensure, there's health district requirements, and then the city zoning and land use requirements.

Okay. And so, again, just kind of turning back to refocus, what we need to talk about is the land use and zoning requirements. for these properties for our decision tonight and for our advice tonight. It's not even necessarily the licensing of these facilities. It's just the variances and the parking and the special use permit for proposed care.

Correct, that's the purview of this board. The licensing is at the state level, and then I believe there's some Southern Nevada health requirements as well.

Okay, and so as these facilities get licensed or don't get licensed, residents that have concerns are going to have to sort of navigate the different systems where they can go and file complaints, correct? Whether it's parking or health district or state licensure, those are all going to be different issues that they're going to have to address. It's not going to come back.

It's a multi-layered, it would be multi-layered per overview of the, of the operations. Yes.

Okay. Public works thoughts. Okay. You're working on some conditions. Okay, would you be amenable to the same conditions related to the age restrictions on children for items 14 and 15, just so we can have some consistency?

Yes, we do.

Okay. What was the other restriction? What was the other condition in 16? Yeah, yeah, yeah, yeah. So, okay, so anybody else from the commission have any comments? All right, seeing none, let's go ahead and, oh.

Sorry. Commissioner Rogan. We can go forward with 16. I just have a question on specifically to 15.

Okay, perfect. Then let's go ahead, Commissioner Schlottman, if you want to make your motion on 16.

Yes, Madam Chair, through you on item 1625-0462, I move to approve on 16A25-0462VAR1 a motion to approve deny 16B, which is 25-0462VAR2 for the patio cover. And then on 16C, 25-0462SUP1 moved to approve that particular item. Subject to staff's conditions and the additional condition as written to the record by planning staff about the kids being no older than 17 years of age. And I think that would cover us.

Okay, so just a quick clarification, Commissioner, on 16B, your

approving the storage in its entirety. Yeah, I'm denying 16B in its entirety. Okay, thank you for that clarification.

All right, so there's a motion on the floor.

Chair, can we take each one individually because we have an approval and a denial. It can be a little bit confusing what you're approving or denying.

Wait, each individual subpart to 16?

Yeah, I think it'd be easier for the commission to vote.

Sure, yeah, okay.

Okay, so Madam Chair, on item 16A, a move to approve, subject to staff's conditions.

Okay, motion on the floor, please cast your vote. Please post, and 16A carries. Okay, 16B.

Madam Chair, on 16B, a move to deny. Thank you. Item 16B.

Motion on the floor. Vote for yes is to deny. 16B, please post. And that denial carries. And 16C.

And Madam Chair, on item 16C, a move to approve on 25-0462, SUP1, subject to the additional condition of the kids no longer being, or not to exceed 17 years of age, but written to the record as the planning staff read into the record earlier.

Okay, thank you. There's a motion on the floor, and that passes as well. All right, so 16 is done.

And those are final action tonight, and let's appeal to the city clerk in 10 days.

Thank you. Okay, Commissioner Rogan, your question on 15.

Chair, I think the applicant has a question.

I just had one quick question. On 16B, the commission had mentioned that you had no issues with the shed, you understood that in the back? The carport, I understood, but I thought you said you were okay with the attached shed in the rear, the storage shed.

Madam Chair, I'd like to rescind my vote on item 16B, make a motion to rescind that vote.

Okay, there was a motion on the floor to rescind the prior motion on item 16B. Okay. Okay. Motion carries. It is so rescinded. Would you like to make another motion on 16B, Commissioner?

Yes. Madam Chair, on 16B25-0462VAR2, let me just open the conditions up real quick. On... 25-0462VAR2 conditions. Number one, a variance is hereby denied to allow a zero foot side yard setback where five feet's required for an existing patio cover. And number two, a variance is hereby denied to allow an existing patio cover to encroach into a front yard setback where no such use is allowed. So those are the two amended conditions, and you agree to those two amended conditions?

Correct, for the front patio cover, yes.

Yes, and then you agree to all other conditions as written in the record?

Correct, but I was referring to the storage structure in the rear.

Yes, that is still in here. Okay. So... I will make a motion to approve 16B25-0462VAR2 with the amended conditions denying the patio cover and subject to all remaining staff's conditions.

Okay, thank you.

Thanks.

And before you vote, Commissioner, I just want to confirm with staff that that did take care of approving the ASCHET. Okay, got it, okay, thank you.

Okay, so the motion on the floor would deny the patio cover and approve the shed.

Is that correct, director, staff?

Okay, all right. Commissioner Kusama? Okay, please post, and that motion carries.

And that will still move on to council. That is final action, sorry, unless appealed to city clerk in 10 days.

Okay. So now, Commissioner Rogan, item 15.

Thanks. Before I make a motion, I had a question and then some proposed conditions as well. So on agenda item 1525-0460, there was a waiver to ask to begin operations at 5 o'clock in the morning, which is different than the other two applications. What is the reason for that?

Which address is that? Actually, the provider that was requesting that is no longer with us, so we do not need that any longer.

Okay, so staff, can we remove that waiver, please?

That was on Madam Chair Thue, that was item 15, correct? Item 15. Okay, we'll get that language ready right now.

And then... Like Commissioner Schlottman, I think this is an appropriate location for this type of use, even though our code says it shouldn't be on an 80-foot right-of-way. I think that's fine, and it's a waivable condition. So I'm comfortable with this being harmonious and compatible, but I do have some conditions because Alta is a busier street than these other residential streets.

Commissioner, we're going to hate to interrupt, but on that waiver of Title 19.12, is that just for the morning hours or the evening hours as well?

I think it was just a need for the morning hours, was it not? it indicated evening as well outdoor recreation okay it would just be removal of the waiver entirely so they'd be back to the hours of 6 a.m to 10 p.m that's correct okay thank you mr radilla um so as i was saying i think it's it's appropriate but it is a busier street so and and i i'm not comfortable saying that if we're going to be allowing these in residential neighborhoods and all days of residential neighborhoods that people need to pave over their front yard and as Another commissioner pointed out those look terrible. So I'm comfortable with the parking variance, but I want to put a couple conditions on it. And staff is ready to read those conditions into the record. So if we could just address those two, please, Fred. the initial two, and then I want to make a comment on the third request.

Okay, sounds good. Through you, Madam Chair, so these added conditions will be for 15B. Staff for the group home shall only park off-site within available street parking and leave any on-site parking available for child pickup and drop-off. And then all child drop-off shall occur on-site within the provided driveway slash parking spaces.

Do you understand those conditions? Yes, I understand. And you agree to those?

Yes, we can do that.

And then I might need staff's help with this one. Because the provider isn't here or the operator isn't here, I do want to have an opportunity to come back and see how they're doing. And I don't know whether we need to do that administratively or whether we need to bring it back before the final approving body. But... for an administrative review, just to make sure that there's no issues with the drop-off, there's no danger to the children, there's no issues with neighbors saying that this is a huge impact to their neighborhood. Are you comfortable with that?

Yeah, what we can do is I can send in a draft of any lease that we would sign that would actually have those conditions. We also, in the lease agreement that the provider signed, we also talk about it has to be fully licensed, the hours of operation. We have those conditions in there. So what we can do is we can add an amendment to the existing lease for that particular property to include those requirements for anybody, whether it be the next tenant, the tenant after that, so that it's part of that lease going forward.

Understood. What I'm talking about really is just for you to come back before the city, either administratively or in front of us or the city council, and make sure that the pick-up and drop-off is actually working and it's not causing problems.

Yes, yes.

Are you okay with that condition? Absolutely. So, staff, what do you recommend? Do you want an administrative review or before us?

Public Works, do you want to take a stab at this one? Yes.

Through you, Chair, I have a condition for this. There shall be an administrative review by the Department of Public Works 60 days after operations commence to ensure function of the traffic as it relates to the daycare pickup and drop-off plan. and the overall operations. If significant traffic issues arise prior to this date, the city traffic engineer may require a review sooner than the 60-day period. Corrections for any noncompliance must be completed by the applicant within 60 days of written notice from the city.

Thank you very much. Do you agree with that? Yes, yes, I do. All right. Okay, with those conditions and with the record being made tonight, I do believe that you meet the minimum conditions for the special use permit, and I do believe it's harmonious and compatible. So I'm ready to make a motion on Agenda Item 15, Subparts A and B, Project Number 25-0460. It's a motion for approval subject to all conditions and added conditions.

Madam Chair, through you, Commissioner Rogan, are we striking a condition for the waiver for the time as well?

Yes, an amended condition. Thank you.

All right, so... 15B again, we're striking waiver condition number four in its entirety. Thank you.

Okay. Thank you. There's a motion on the floor. Please cast your votes. Please post. And that motion carries.

And that item will move on to city council on February 18th.

Okay. And then finally 14. So public works, do you have a condition? I think Fred may have drafted this one.

I have a condition otherwise.

Okay, which condition? I'm sorry. On 14?

On the street, on the not turning on.

Oh, we're doing the same condition over again that we did on 15?

This is the one about the pick up and drop off on Kamui?

Kamui? Kamis.

Kamis. Okay, yeah, that was yours.

Okay.

Yeah. Okay. Let me read this condition.

Yeah, Josh, let me just make a couple of preparatory, let me ask a couple of questions real quick. I should have done that before I asked you. I just wanted to see if you guys were ready. In your justification letter, you have, I guess there's outdoor recreation time that is permitted from like 6 a.m. to 10 p.m., but your justification letter lists the operation hours from 7 a.m. to 6 p.m. Would you be willing to have that reduced to 8 a.m. to 5 p.m. for outdoor recreation hours?

Yes.

Okay. So let's change that from 8 a.m. to 5 p.m. And then since we've had it in 16, let's go ahead and add the condition related to kids' ages. As well, I would like in the same administrative review, Josh, for this location added in. And you're OK with that?

Yes.

OK. And then now, if you would like to do your buses on the adjacent street. Thank you, Chair.

I have a Josh Edelman for the record. The condition about parking on Camas Canyon Avenue might read as such if I interpreted Mr. Rogan's correctly. Staff cars must be parked on Camas Canyon Avenue to allow the bus pickup and drop-off of students in front of the home without interference. The city traffic engineer at their discretion may require a review at a 60-day period to ensure compliance. Corrections for any noncompliance must be completed by the applicant within 60 days of written notice from the city. Is that a correct interpretation of... I can read it again.

I'm sorry, are you addressing me for item 15 or item 14? Item 14. Okay.

That's me.

That's chair. That's word six. Okay.

Yeah. I was trying to interpret Rogan's guidance on this one.

Okay, I'm so sorry. Josh, just read that one more time then.

Staff cars must be parked on Camas Canyon Avenue to allow the bus pickup and drop off students in front of the home without interference.

That's what you were saying was you would do bus drop off and pick up on Camas Canyon so that people were not driving on to Grand Guinness Court, is that correct?

Yeah, I think the main concern was all the traffic going down the cul-de-sac. Right. So what I was trying to do is for the, because the traffic that goes in and out more often than just a couple hours at a time would be the parents dropping off the school buses. So what I was suggesting was that The main traffic, the quick traffic, which is the school bus, would be able to drop off on the side street. And this way, because that was the big concern, is the drop-offs. The parents dropping off the kids, the school buses. If they were to drop off directly in front of the house, they'd have to go down that cul-de-sac, make that turn, and come back. So what I was suggesting was the drop-off happened on the corner. and the staff can just meet them and then actually so that the buses and continuous traffic just can continue to Jones without going down the residential street.

Okay. So the condition then would say that any pickup and drop off would have to, would be required to be on, let me just find the street name again. Um, Camas Canyon Avenue. Correct. No drop-off or pickup would be permitted on Grand Guinness Court.

Correct. So what that would allow for, because it is the resident and the daughter, almost 90% of the time, if there is a staff member, they can pull in front of their driveway because they stay there for hours at a time, and it's not going to be that constant traffic That would help alleviate hopefully most of the concerns of the residents in that area.

Okay. Does that make sense, Josh? Okay. So, Fred, I think we need to read through all of the conditions for 14 again and just get them all synthesized.

Okay, Madam Chair, through you. What we'll do is we'll add the two conditions for planning, and then we'll kick it over to Public Works to do the drop-off conditions. Is that correct? Yes.

I'm sorry, say that again because there's a bunch of sidebar going on over here.

So we'll add the two conditions for the outdoor recreation and the age of the children, and then I'll give it to Josh so he can do the drop-off pickup, correct? Correct. Those three? All right. So for 14B, we are adding all outdoor recreation shall be limited to the hours of 8 a.m. to 5 p.m., And then also for 14B, we are adding the use shall be limited to the day or overnight care of children only. The individuals being cared for shall be no older than 17 years of age.

Okay. And then also an administrative review. I mean, I know we've got that related to the parking, but I just want a broader administrative review for the special use permit, which is going to be more encompassing than parking.

Okay.

Lots of stuff. Lots of stuff. Okay. Uh, so for that, for that broader one, why don't we do this guys?

Let's do this. Okay. Why don't you work on all my conditions for 14? Okay. Somebody just type them all up and then let's just, I'm going to, I'm going to trail you. Okay. So we can, cause it's eight 45.

I know I took up a lot of your time. I'm sorry.

So, um, I'm going to trail you. Staff is going to get me all the conditions. and then we can take a look at them, and then I'll bring you back up for the vote, okay? Does that sound good? Sounds good, thank you so much. All right, fantastic. So let's move on to item number 18, 25-0504, public hearing applicant owner, McLuhan Living Trust, for possible action of the following land use entitlement project requests on 2.20 acres. At 5924 West Lone Mountain Road, APN 125-36402-015 Ward 6, Bruny, staff recommends approval on the Land Use Entitlement Project 18A-25-0504, GPA 1. From Rural Density Residential to SC Service Commercial 18B25-0504ZON1 from RE Residence Estates to C1 Limited Commercial 18C25-0504SUP1 for proposed building and landscape material lumber yard use. 18D-25-0504-SDR for proposed conversion of an existing 2,583 square foot single family dwelling to a building and landscape materials yard development with waivers of perimeter landscape buffer requirements. May we have the staff report, please?

Madam Chair, the applicant has proposed to convert the existing single family dwelling into a building and landscape material slash lumber yard development. Staff finds the request a general plan amendment and rezoning are appropriate to be located on Lone Mountain Road street frontage, which is designed to carry a high volume of traffic at high speeds. Staff supports the requested landscape waiver and exception as they will have minimal negative impact to surrounding properties. With that, staff recommends approval of all applications subject to conditions. Please note additional documentation of protest and support have been received. Thank you.

Thank you. Okay, good evening, folks, if you can please.

Hi, we are Mark and Christine McClune. We're the owners of 5924 West Sloan Mountain and the owners of Living Water Lawn and Garden. Our last name is spelled M-C-L-O-O-N-E. And we are landscape and masonry contractors specializing exclusively in the residential market. And we would like to convert our property to a landscape office and showroom. Now, when I hear the word lumber yard, I think of walking in Home Depot with all the wood everywhere. What we're proposing is to build a botanical garden and a display garden in our backyard. So it would be continuous with the front yard. Our front yard right now is beautifully landscaped. It looks like a lovely home. We'll maintain the look of the residents because we are specifically catering to the residential market. So we want homeowners to come in and feel like they're in their own home and what the potential could be for their landscape.

OK. Anything else to add?

We will not do any kind of heavy machinery or equipment. No crews will be dispatched there. It will be strictly a showroom and an office where our sales team can bring clients and potential clients to pick out materials to see what it would look like actually installed in their own home. Our neighbor had mentioned that there was a bunch of dirt and piles of rocks and gross stuff in the backyard. We've since gotten rid of all of that. We are operating out of our industrial location.

Thank you very much. This item has been noticed for public hearing. Are there any members of the public wishing to be heard on item 18 that were not heard at the beginning of the hearing? Okay, seeing none, I will close public hearing. I will turn it back to the commission. I'll see if any of my fellow commissioners have any comments on this item. Okay, I have a couple of questions for you. Because you mentioned that you weren't going to do, you've got 18C for proposed building and landscape material lumber use. Is that going to include the hauling of materials in and out of your backyard?

No.

Okay. Is that going to include having anything like even small bobcats in your backyard?

No.

Okay. And then converting the square foot single family dwelling, is that going to just be basically office use or are you planning on adding on to it at all?

We are not adding on strictly office use.

Okay. Staff, do we have any conditions on this item other than some of the sort of standard conditions, the two years, building permits, that kind of things?

Madam Chair, we had an addition that was requested to be added for the outdoor storage of heavy equipment.

Okay, and that's a condition to prohibit the outdoor storage of heavy equipment?

Yes, and I can add that now, but were you asking about if there's any other conditions currently?

I just was asking if there were any other conditions, but I would like to add that one.

Okay. Madam Chair, through you, staff would like to read in an amended condition prior to making a motion. An added condition prior to making a motion. The condition will be added to both the special use permit and the site development plan review. So 250504 SUP1 and 250504 SDR1. And we'll read as follows. The outdoor storage of heavy construction equipment, machinery, and vehicles is prohibited. On-site parking shall be limited to passenger vehicles with maximum capacity of one ton. Thank you. Can you agree to that condition?

100%. Okay. With that, then, I would like to go ahead and make a motion on 18A through D and its subparts, so that's 25-0504.

Madam Chair, before you do that motion, I have a question. Go ahead. Is there a specific anything as far as hours of operation and days of the week?

Not currently through the conditions. We can review, though, if Title 1912 may have something for the use itself, but not currently in the conditions.

Can we see if we could put some hour conditions on?

May I tell you, it's in our justification letter. It's Monday through Friday, 8 a.m. to 4 p.m., by appointment only on Saturdays, closed Sundays, closed all major holidays.

And the other question I had is, does this require a zone change? Because my concern is if it does go see one and then all of a sudden they decide to change their model, that zoning stays with the land. and opens up the floodgates to be multiple things. So how do we pin that down in a condition that, because I know once we do a zone change, are they allowed to operate with the special use permit as zoned as the residential instead of changing the zoning to commercial?

Madam Chair, through you and Commissioner DeSalvio, so they would need to rezone to do the building and landscape material lumber yard use, and we don't put conditions on that rezoning, so they could proceed with that new zone without proceeding with either the use or the site development plan.

Okay. Okay.

And you said there's no conditioning once the C1, okay. All right, I'm gonna go ahead and make a motion to, although actually if you can add in the condition about the hours as represented in the justification letter.

Yes, could we get those hours again?

Monday through Friday, 8 a.m. to 4 p.m., Saturday by appointment only closed Sundays and all major holidays.

And then for the commission, uh, were there particular hours that you wanted to lock in or does that sound good?

As I think let's just lock in the hours that they represented or their hours, because I think that at least put some limitations on, you know, I think that was one of the concerns I was gathering from commissioner DeSalvio.

Okay, so Madam Chair, through you, staff would like to read an added condition. This condition will be added to 25-0504SCP1, the special use permit, and would read as follows. The hours of operation for the building and landscape materials slash lumber use would be limited to 8 a.m. through 4 p.m. on Monday through Friday, closed on Sunday, and by appointment on Saturday. Yep.

That'll work. Yeah. Okay, so the two conditions are the no heavy materials and then those hours conditions, and you agree to both of those? Okay. All right, so my motion is to approve subject to all conditions, including the amended conditions that were just listed. Motion on the floor, please cast your vote. Please post, and that motion carries.

And those items will move on to City Council on February 18th.

Okay, thank you. Item number 1925, yes, you're welcome. Thank you, folks. Are they ready?

Okay, I'm gonna open up agenda item 19, that is 25-0522 VAR 1. I'd like to ask for the staff report.

Madam Chair, no evidence of a unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by proposing to construct a patio cover that does not meet the corner side yard setback requirement. Therefore, staff recommends denial of the variance request. Please note additional documentation of protests and support have been received since publication. Thank you.

And I ask the applicant to give your name for the record and present the item.

Sure, Jessica Lane with Proficient Patios representing Mr. and Mrs. Turner. And basically here to request a side step back reduction where a 10 foot is required. So a 10 foot is required on this side due to it being an interior street. We're asking for a five foot. The patio cover has not been built. So we're obviously asking for a setback reduction prior to building. The colors of the patio cover would be to match the trim color of the house. HOA has approved already the improvement as well. And that's pretty much it. Just kind of a standard typical solid alumawood patio cover that we see.

Kind of around so this is just kind of an idea of how it's in the back and how kind of wrap it around the side Thank you this item has been noticed for a public hearing is there anyone in the audience I would like to speak on this agenda item Seeing none. I will pass along to the other members of the Commission Is there anyone that would give comment yes vice chair through you?

I've reviewed this item and Basically, it does look harmonious and compatible with the trim in the house, and it actually does seem to fit pretty well. It's behind a fence as well, and I looked at the street views and everything, and you actually had a few people that actually sent in letters of support. Oh, perfect. If I'm not mistaken, yeah, three letters of support. So if there's no other comments on this, I'm ready to make a motion.

Please do.

Okay, Madam Vice Chair, on item 1925-0522 VAR1, move to approve subject to staff's conditions. And ma'am, you agree to all staff's conditions have approved?

Yes, Commissioner.

Thank you.

Thank you.

And Madam Vice Chair, that item is final action unless approved or unless appealed to the city clerk in 10 days.

With that, I'd like to open up Agenda Item 21, that is 25-0527, VAR 1. I just asked for a staff report. I'll read the whole thing. That is 25-0527 VAR 1, applicant owner James R. McCleary and Nicole N. Springs-McCleary, for possible action on a land use entitlement project request to allow a proposed patio cover that does not conform to Title 19.06 development standards for setbacks and height at 10435 Irish Cliffs Court. Can I get the staff report, please?

Madam Chair, no evidence of a unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by proposing to construct an RV cover that does not meet Title IX setback and height requirements. Therefore, staff recommends denial of the variance request. Please note, additional documentation of support has been received since publication. Thank you.

And at this time, the applicant, if you want to give some background.

Rick Montoya, M-O-N-T-O-Y-A. The patio cover has not been built.

This item has been noticed for public hearing. Is there anyone in the audience that would like to speak on this item? Seeing none, I pass it along to the rest of the Planning Commission. If there's any comments, if there are not, then I'm happy to make a motion at this time. Great, I have no issues with this agenda item. I see it as pros and compatible, appreciate coming before here. So with that, I'd like to make a motion to approve agenda item 21, that is 25-20527, VAR 1, subject to staff conditions. Motion passes.

Thank you. And Madam Vice Chair, that item will be moving forward to City Council on February 18th, 2025. Thank you.

All right, with that, I'd like to open up agenda item 22, and that is 25-0529, VAR 1, applicant owner Foothill Southern Baptist Church of Las Vegas, Nevada, for possible action on a land use entitlement project request to allow proposed electronic message unit, LED illuminated display, freestanding institutional sign within 200 feet of residentially zoned property where such is not allowed at 6405 West Cheyenne Avenue. Staff, can I get the report, please?

Thank you, Madam Vice Chair. The proposed signs does not meet residential protection standards for illuminated display. It is approximately 100 feet from residential homes where 200 feet is required. Therefore, staff is recommending denial. Please note that additional documentation of protest and support have been received since publication. Thank you.

The applicant, if you could give your name for the record and present.

Justin Miller from Science Centers, 3700 Pecos McLeod.

Do you have any background on this agenda item that you'd like to provide?

Yes, just the church has an existing sign and they want to update it to a more modern, brand new sign with an LED board in it.

Thank you. This item has been noticed for public hearing. Is there anyone in the audience that would like to give comment at this time? Seeing none, I'll turn it to members of the commission. Commissioner Schlottman.

Yes, Madam Vice Chair, through you. Question, what's the hours of operation that you're going to run this sign?

I think there were staff conditions for 7 a.m. to 9 p.m., I think.

Let me pull this up. If staff gets to it before me, let me know.

Commissioner Schlottman, while you're doing that, Commissioner DeSalvio, did you have other questions or concerns?

Well, he stole the one. The other one is, what's the lumens? I mean, how bright? Is there something that they're set in the standards that it can only be so many lumens so it's not overpowering, seeing that you're within 100 feet of a neighborhood?

I don't know the exact lumen count, but by nature, they all dim by about 75% at nighttime.

And Madam Vice Chair, through you, too... answer Commissioner DeSalvio's question. It has a maximum of 300 nits, and I was going to recommend that that goes down to 150 nits if it was going to be going all night long or anything, but I don't see the condition where this has to be shut down at 9 p.m.

So, Madam Vice Chair, through you, we could add a condition to this stating that the subject sign shall not be illuminated between the hours of 9 p.m. and 6 a.m.

I'd like that condition. And you're fine with that condition? Yeah. And you're only advertising for your church? Yes. Okay.

Commissioner Rogan?

Thank you, Vice Chair. Just how often do you plan on changing the content of the sign? Is it every 90 seconds, every five minutes?

I don't know what their specific plan is for the church, but usually on other stuff we've done, it's every 10 seconds. But again, at the shopping center that I normally do, This is a church. I don't know how many specials they're running.

Yeah. I mean, I'm ambivalent about this. It wouldn't be a problem in a church that's more in a commercial neighborhood, but the residential neighborhood, I just can't support it. It's large. It could really interfere with the neighbor's enjoyment of their property shining in that front window.

I don't think it's going to be any more annoyance than the Dutch Brothers across the street, the giant blue. What's that? There's a Dutch Brothers right across the street that shines blue like the Luxor. So I don't know if there's going to be any more annoyance than that.

Yeah, you're right on the corner, though, in North Torrey Pines. There's a residential home right across the street. I understand. I understand the comment that you're making, but the light's a little bit different than the drive-thru. I get it. But the Dutch Brothers sign is blue. I get it. I get it. I understand. I appreciate it.

I'm just... And the church has already had a sign that's illuminated. The only difference is it's just the LED board. I'm going to know.

Thanks. Thanks so much.

Commissioner Schlottman, with that, do you have any other follow-up, or would you like me to make a motion?

No, I'm ready to make a motion.

All right, with that, I'll make a motion to approve with the added staff condition. And that will be a motion to approve item 25-0529, BAR 1. Motion carries.

And Madam Vice Chair, that is final action unless appealed to the City Clerk within 10 days.

Thank you.

Thank you.

With that, I will open up Agenda Item 23, that's 25-0530-SDR1, Applicant All right, nevermind, we are opening up agenda item 24, that is 25-0531, VR1, applicant owner Ruben Eugene Hawkins and Donna Decker for possible action on the land use entitlement project request to allow proposed home addition and attached port co-share that do not conform to Title 19.06 development standards for setbacks at 1925 Waldman Avenue. Staff, can I get the report, please?

Madam Vice Chair, no evidence of a unique or extraordinary circumstance has been presented in that the applicant has created a self-imposed hardship by proposing to construct a garage with a port co-chair that does not meet Title 19 setback and height requirements. Therefore, staff recommends denial of the variance request. Thank you.

Thank you. And applicants, can you give your name for the record and give more background?

My name is Mohamed Abou-Taraboush. I work with MK Architecture, representing Mr. Rubin.

I'm Rubin Hawkins.

You can go ahead and tell us about the project.

So we're proposing to do like a garage and a port of cashier. There was an existing garage that we were proposing to demolish and build a slightly bigger.

Existing carport.

Oh, there was an existing carport that we're demolishing and putting a new garage that's slightly bigger. And the port de cachere, the setback for port de cachere is 30 feet and we're requesting for 28. And then the garage is supposed to be 50 foot, we're requesting it at 44 feet. Those are the two variances that we're asking for. We did, like the adjacent neighbors, we got the letter for their approval. And like the elevations, they do match the house with the materials and all. Like we're going to use the same rock that they have already on like some of the areas where you could see. And the same stucco and color trim for that, for the roof. And yeah, that's pretty much it. It's just like the Porte de Cachere because of the circulation of the car. We needed that extra kind of length for the car to fit and the driveway to work. And the extra five feet in the garage just to kind of like more storage space, essentially.

OK. Thank you. This item has been noticed for public hearing. Is there anyone in the audience that would like to speak on this item? Seeing none, I will close public comment. And I will turn it over to members of the commission. Commissioner Rogan?

Thanks. You said that you had approval from your neighbors. Did you get written approval from them?

Yes, we do have a letter. I think we uploaded it to the portal also.

Okay, if you could just give it to the clerk so that it's part of the record, please. Okay. Thanks. Sorry for making you get up. Thanks. I have no problem with this. Our RE setbacks are the largest in Southern Nevada at 50 feet. So whenever we get minor requests like this for RE that are not so significant, I'm very comfortable with it. The drawings looked great. I think it is harmonious and compatible. You have a great neighborhood there and the quality of development that I anticipate this will have will match or exceed what exists. So I'm very comfortable with what you've proposed. And I'm ready to make a motion, Chair, unless anyone else has any comments.

Please go ahead.

All right. With regard to Agenda Item 24, Project 25-0531VAR1, I make a motion for approval subject to any conditions. And you would agree to all the conditions, sir? Yes, we do. Thank you.

There's a motion on the floor. Please cast your vote. Please post. And that motion... carries.

And that is final action tonight. And let's appeal to the city clerk in 10 days.

Item 25, 25-0534, SDR 1, applicant Art House 4, LLC, owner City of Las Vegas, for possible action on land use entitlement project request to allow a major amendment to a previously approved site development plan review, 23-0047, SDR 1, to allow a building and site reconfiguration with waivers of Title 19.09, form-based code development standards at the northeast corner of Jefferson Avenue and D Street, Ward 5, Summers Armstrong, staff recommends Maybe we have the staff report, please.

Madam Chair, the applicant seeks to amend the approved site development plan review for the shared west side mixed use project to enlarge the food court building, reconfigure the site, and revise the food court exteriors. The proposal represents needed multifamily housing and commercial redevelopment within the historic west side. Staff supports the requested waivers of Title 19 development standards as they will have minimal negative impact to surrounding properties. Staff finds the proposal is consistent with the city's master plan goals for the historic west side and is compatible with surrounding land uses. Therefore, staff recommends approval of the site development plan review subject to conditions. Thank you.

Thank you. Good evening, sir. If you can please state and spell your name for the record, give us your address, and tell us about the project.

MADAM CHAIR, GOOD EVENING, GOOD EVENING COMMISSIONERS, GRANT GARCIA, PARTNER ART HOUSE 4, LLC, CHAIR DEVELOPMENT AND SHARE DOWNTOWN. HERE TONIGHT TO TO GO THROUGH THE REQUEST. WE HAVE BEEN WORKING WITH THE CITY CLOSELY OVER THE LAST TWO YEARS AND JUST WORKING TO CLEAN UP THE DDA ON SOME CHANGES TO THE PLANS THAT WE HAVE HAD THAT WE HAVE BEEN WORKING WITH THE CITY CLOSELY ON. AGREE WITH ALL OF THE STAFF RECOMMENDATIONS. I THINK THERE WAS ONE ITEM. I DON'T KNOW IF IT WAS TAKEN OUT. ITEM NUMBER 11.

Yeah, Madam Chair, through you, the applicants requested to remove strike condition 11 and staff incurs with that request.

Otherwise, happy to help answer any questions and thank you for all your time.

Thank you very much. This item has been noticed for public hearing. Are there any members of the public wishing to be heard? Okay, seeing none, I will close public hearing. I will turn it back over to the commission. This is Ward 5. We don't have a Ward 5 commissioner right now. Anybody have any questions or comments?

Yes, Madam Chair, just a quick question. How's Mr. Garcia, how's your share project coming along? When are you going to open?

Thanks for asking, Commissioner. We did a presentation to City Council last week, gave some updates. We're fully topped off. All the rough plumbing, electrical, that's all in. Sheetrock is going in. We're doing the stucco on the exterior. We're going to be opening up the official interest list for leases on February 21st, which runs in conjunction with the Love and Jackson event. So we're super excited for that. Hope to see all of you there. And then we'll be looking to move residents in at the end of May.

Perfect. Madam Chair, I've read through this item. Staff is in support, and it seems like Mr. Garcia agrees to all, you agree to all conditions if approved? I do. Okay. Madam Chair, I move to approve on item 2525-04. 534 SDR1, subject to staff's conditions.

And Madam Chair, quickly, I just want to reiterate that we are striking condition number 11.

And with striking condition number 11. Thank you.

Thank you very much. There's a motion on the floor. Please cast your votes. Please post. And that motion carries.

Thank you. And that is final action. Let's bid the city clerk in 10 days.

Thank you, item 27, 25-0543, SUP 1, applicant Ariana Caracilla-Pineda, owner Alan Pineda, for possible action on a land use entitlement project request for proposed community residence, including family community residence and transitional community residence use at 5933 Perfect View Street, Ward 6, Bruny. Staff recommends approval. May we have the staff report, please?

Madam Chair, the proposed community residence is compatible with the surrounding residential character and would remain consistent with the scale and architectural character of the neighborhood. The subject property does not have direct access to the existing nearby community residence and is in a different residential subdivision. Therefore, staff supports the special use permit request. Please note, additional documentation of protests have been received since publication. Thank you.

Good evening, ma'am. If you can please state and spell your name for the record, give us your address, and tell us about this project.

Yes, good evening, Madam Chair, commissioners, and staff, and for everyone from the public that attended today. My name is Arian Pineda, applicant for our residential facility group applying for a specialty use permit. So for those people that does not know what a residential facility for group is, it is actually basically a home where people comes and that becomes their house. So basically we'll be catering for individuals that are elderly, 65 and above, disabled, vulnerable, veterans. So they will basically be moved there because they're no longer safe at home or they don't have any available family members or caregivers that can actually stay in the house. It's not a commercial institutionalized facility. So I work as a nurse in a hospital and I wanted to give back to the community. I've been a nurse for about 16 years and I always see all elderly that wants to go back home but since they have like diabetes, hypertension, weakness and things like that, they cannot go home safely because family members are not available 24 hours. So we do have our licensing after this, so I'm actually doing it where I'm getting the permission from the city to actually open up the home to be a residential facility for group. So once I get that specialty use permit, the house will be licensed under the Bureau of Healthcare and Quality, under the NRS 449, which actually keeps this house as residential. So we'll basically be providing help with their cooking, laundry, and things like that. This is non-medical home. We won't provide any treatments that are medical, nursing, no rehabilitation, or anything like that. So I understand that some people, when they hear like, oh, it's going to be a facility, it's going to change the house, or the value of the homes, and things like that. But in reality, we are not, because it's a house. So we'll basically be providing care with their cooking, with their laundry and things like that. There will be no doctors that are going there. They will continue to see their primary care physicians. They can go outside with their family members, go shopping, watch movies and things like that. Thank you.

Thank you very much. This item has been noticed for public hearing. Are there members of the public wishing to be heard on this item? Okay, come on down, grab a microphone. Anybody who wants to speak on this item, come down. Let me ask you a question real quick, ma'am, while members of the public are coming down. Can you just, I'm sorry, Ariana. Don't let that, no, come back up. I've got a question for you real quick before they start talking. This is for folks 65 and over only, correct?

Yes, Madam Chair. 65 age only and possibly disabled and things like that. So when I was looking it up and studying it, actually, if I just can respectfully mention that elderly that are 65 and above, especially with disabilities, are actually protected by the Fair Housing Act and American with Disabilities Act that distancing, which is like the 660 feet, you know, it should not be limiting people that needs to have housing. Okay.

And so, yeah, so 65 and over is what your limited residents are. And this is not a halfway house.

No, Madam Chair, it's gonna be a residential facility for groups only.

Okay, great, thank you. Okay, folks, come on down. Everybody grab a microphone so you can just state your name and your address and two minutes on the clock for everybody. And ma'am, you can step aside so somebody else from the public can grab that microphone, thank you.

Everybody always has a trouble with my name and spelling, so I'm gonna spell it for you, all of it. Terry Lee, T-E-R-R-Y-L-E-A, all one word. I have no middle name. Last name's Hankins, H-A-N-K-I-N-S. And I live at 5916 Perfect View Street. And I've been there since they laid the first slab, 25 years. It's a quiet, elderly community. And also, the other four, Perfect View Street's very little. It only goes so far. We've got four fingers on that. And the majority in Perfect View area are all elderly. We might have two little kids in the middle or third finger. But the school is very close. Leed Middle School is extremely close. As a matter of fact, if you stand in the corner of the backyard of this house, you can see the actual playing field and the actual school. We have heavy traffic in there because of that, and we also have cars with parents that come in there and park so that they can be on the side streets so that their children can walk the little short distance to their vehicles and not have to enter into the school zone. So we have that in the mornings, and we have that certainly in the afternoon. This cul-de-sac is small. The garbage trucks normally have trouble. They have to pull in, back up, back up, pull in, and then pull back out. Not only that, but across the street from this residence, there is a Mexican family And they have a large amount of family in this home. There are five vehicles and sometimes six to this house. And during the day, it looks like a perfectly good street. But by the time everybody comes home and on weekends, you're doing good if you could get down Perfect View Street into that cul-de-sac. You also have across the street directly from the Mexican family house. We have a family that have a huge truck, a boat, and two other cars. And so they are on the street except for the boat.

I think, ma'am, if you could wrap up.

Okay, it's just very, very difficult and finding a place to park, and this is going to bring it. It's just no room. All right, thank you.

I am Dr. Alwes, A-L-W-E-S. I live at 5904 Perfect View, which is just about three or four houses from this location. Like she said, there is so much traffic on that street, They come down the street pretty fast to avoid the school zones, and they make a really sharp turn at the cul-de-sac. The cul-de-sac is two car garage homes with four vehicle families in three different buildings. So that cul-de-sac has got RVs, motorcycles, trucks, and cars. As far as she said, the Age restriction on that, I would like to know that that would be enforced because this is almost a retirement neighborhood. The other thing is it says family community residence and transitional community residence. That indicates to me a lot of people. Community isn't just one or two people. I'd like to know what the limit is on that building what the limit is going to be for this program. And I thank you for your time.

Thank you very much, ma'am. Next. Go ahead, please. I'm Sandra Adams, S-A-N-D-R-A-A-D-A-M-S. I live at 5001 Tropical Cliff Avenue at the corner of Perfect View. And my main concern there, we had one of our neighbors to previously get ill, and the ambulance had to come in. When you come in there, you can't turn around or go out. The ambulance had to pick the gentleman up and had to back out of the street. And my thing is, you got elderly people that cannot go home. This is dangerous. It could be life threatening to some people in case we do have to call an ambulance for them or whatever. Like I said, it is so congested there with people with boats that are in their driveways. They have to park their cars. on the street. We have people that have their RVs in their driveway, so they have to park their cars on the street. It's a busy, tight spot. You cannot even go up in the cul-de-sac and just turn around. You have to turn up in somebody's driveway, and that can cause problems. So my main concern is for elderly people. I don't think in that little corner there it's safe as far as transportation, as far as getting them in and out of there in case of an emergency. I think it's dangerous. Thank you.

All right, thank you, ma'am.

Go ahead. Beth Christianson, 5008 Tropical North Court. I'm down the street from them. I'm not going to repeat what everybody said, but I totally oppose any commercial in a single resident area. It will bring our property value down. There's not enough parking space. I don't feel safe when you have people come in and out in a commercial area. And I'm afraid if we call anybody to do anything, it's going to take forever. For example, we had a vandal car parked there. We called city. It took two months to move that abandoned vehicle. Not only one vehicle, it's been several vehicles. And there's like an RV parked there. Nobody's doing anything, even though we're allowed 72 hours. So anything happens over there, I feel like city's not going to do anything. So thank you. Thank you very much. Ma'am, go ahead.

My name is Linda Marvin. I live at 5916 Perfect View Street. Elderly people need a place to go. And I've been a part of having a person in a place like that. But this is a residential area. There are children. couple of little boys down at the cul-de-sac that play basketball there all the time. My question to the owner of this is what happens, they've got a two-car garage and they've got maybe six elderly people there and six cars pull up to see their parents at the same time. Where are these cars going? There's no place for them to go. If this passes and it's zoned for this, what's to say that these people say, well, this is not being profitable and we're gonna sell the house and now that house is structured for maybe the next person to buy it and turn it into a halfway house. So it's a residential area. It was a perfect view street and we'd like to keep it that way. Thank you for your time.

Thank you very much. Anybody else? Much is to be heard on this item. Okay, seeing none, I will close public comment. I'll call the applicant back up. And did you have anything you wanted to say in response to public comment?

Yes, Madam Chair, and I'm thankful for the residents to bringing it up, and I understand that when there's something new in the community, it raises concerns, and I agree with them. So if I can just show this map of the home, So this is the home that we are applying for a specialty use permit. So we would have an on-site parking. So when I did my pre-application, they actually only required two parking spaces. And actually with this plan, you'll have those two parking spaces, and it's still gonna be ADA compliant if there's an ambulance that's pulled over. And I would have ample space here. So with here, I will show you, on how our operations are going to be. So morning care will be provided from this time to this time. They will be doing their puzzles and things like that. And this is all going to be quiet inside the house. They will, of course, have their lunch and rest period from 12 to 2 PM. And then afternoon programs and visit will only run from 2 to 5. dinner and quiet time from five to eight. So we will be staffed based on the licensing. After this, if I get the permission from the city, we'll have one caregiver to six residents. And I understand the concerns of how, you know, what if all these family members comes up? So under the HCQC and NRS 449, residential facility for groups can be licensed from seven to 10 people at the same time before you need to be like a commercial big assisted living facility. Again, this is a house, it's not an institution. So basically this is like me having my parents in the house and since the family member is not available, then they'll be the one cooking for them, doing the laundry and things like that. they won't be providing wound care, no IV antibiotics or anything like that. This is basically gonna be a home for our vulnerable veterans, elderly, and disabled individuals. And again, as on my plan here on my justification letter, anything that's outside visitor hours will require administrator approval, and we will probably more low traffic than what they're already talking about in the community. Thank you for listening.

Thank you very much. Any members of the commission wish to make any comments on this item? Okay, Mr. Rodilla, can you just, now can you talk about what we were, what I mixed up the two items on?

John Rodilla, Assistant City Attorney. Just to give you a little bit of history, back in 2008, the United States District Court of Nevada overruled all of the state of Nevada and Clark County restrictions on this type of use, which required extensive rewriting of the city code and the county code, as Jeff could probably speak to. Basically, residential facilities for the disabled are governed by the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and the Federal Rehabilitation Act of 1973, largely permit up to 10 residents in a residential zoning to be treated as a residence as if they were somewhat like family members. There are abilities to limit with distance separation only under certain criteria. If the building is to be used, we modify to make it inconsistent with the neighborhood scale and architectural character. If the number of community residences on a street would create sort of an institutional atmosphere where you have home after home, or the community residents would not comply with certain conditional use like life safety licensure by the state, and the tenants would be a direct threat to others.

Thank you very much for that, Mr. Rodilla. Let me ask you, Ms. Pineda, a couple things. How many people are you expecting to be in this home?

So we are expecting Madam Chair to license it for seven to 10 individuals.

And it's only going to be for residents 65 and over, correct?

Yes, Madam Chair. It's going to be licensed under the Bureau of Health Care and Quality.

Okay. And can we put staff, can we put a condition that has that same age restriction like we were doing for 14, 15, and 16, but instead of younger than, older than?

Madam Chair, through you, staff would like to read in an added condition prior to making a motion. This condition would be added to 25-0543-SUP1 and we'll read as follows. The use shall be limited to individuals 65 years of age and older.

Okay. And then can we also just do an administrative review on this six months after operations commence or something just so we can sort of check in?

Through you, Chair, I can read that condition in.

I'm sorry, Josh.

What was that? The new condition shall read, there shall be an administrative review by the Department of Public Works 60 days after operations commence to ensure function of the site as it relates to the daycare pickup and drop-off plan. Never mind.

Not daycare.

It is not daycare as it relates to the... and drop-off plan of the overall operations. If significant traffic issues arise prior to this date, the city engineer may require a review sooner than the 60-day period. Corrections for any non-compliance must be completed by the applicant within 60 days of written notice from the city.

Okay, and then Mr. Rodilla, is it appropriate to put a cap of 10 residents on?

Is that permitted under FHA? Yes.

Okay. Are you willing to agree to a condition that you will not have more than 10 residents?

Yes, I have to manage it because that's going to be my license for it.

Okay. All right. Just wanted to kind of put all that on.

Thank you. Okay.

Okay. So those will be the three conditions on that, and you would agree to all those conditions?

Yes, I do agree, Madam Chair.

Okay. Do we need to just read them all in, Mr. Floyd, or do you think we're... Hold on a second. Let me just do the conditions first.