| 10/6/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the matter of the aforementioned described application of 5051 SLV, LLC for holdover amended use permits, deviations, waivers of development standards, and design reviews (as indicated on the ATTACHED agenda item) (held from September 22, 2021):
REPRESENTATIVE(S): Present
DISCUSSION: Following introduction of the item, staff advised that the Planning Commission recommended approval during the meeting held on October 5, 2021.
The Board was addressed by Tony Celeste, the applicant’s representative from Kaempfer Crowell, who advised that the proposed project was approximately five acres located on South Las Vegas Boulevard; shared a property line to the east with McCarran International Airport, a Las Vegas Metropolitan Police Department substation was located across the street, Mandalay Bay was located diagonally opposite, and to the south was Harley Davidson and the Pinball Museum; the property was owned by the Department of Aviation and sold, with deed restrictions, to a private party through an auction in 1999; advised of working with McCarran International Airport; revised the site plan to make the project safer, viable, and to be a better neighbor; relocated the porte-cochère entrance to the south west corner of the site, reduced the size of the tower, and moved the structure towards Las Vegas Boulevard and away from the airport; the back of the house operations were relocated towards the northern property line, away from the airport border; replaced the chain link fence on the eastern property line with a nine foot tall double reinforced security wall to mitigate and prevent any breach onto the airport’s property; the parking garage was enclosed to limit visibility and sight lines towards the airport; the parking garage ingress and egress were modified to be subterranean and moved from the airport property line; implemented security measures for the service road around the property perimeter; consolidated the pool decks, surrounded the deck with a ten foot high decorative security wall to eliminate sightlines and the view of the airport; removed all guest room balconies from the hotel tower; an outside dining terrace on the third level looks towards the Strip and mountains and not towards the airport; a glass break detector system was added to each guestroom so security will be notified automatically if the window glass is tampered with; the structure will be approximately 234 feet high, within the height limitations of the applicant’s Federal Aviation Administration (FAA) approval; larger windows facing the strip and mountains, and smaller windows and increased concrete towards the airport due to concerns regarding safety, sightlines, and sun reflection or glare; the applicant’s structure will not impact or impede helicopter traffic; and drafted a Comprehensive Security Management Plan which included security measures and partnerships.
Ron Ronacher, the applicant’s representative and a Security & Risk Skills Network Leader from Arup, advised that Arup was part of the Airport Council International (ACI), Arup has delivered security reports for domestic and international airports; and worked closely with the design and construction teams to develop construction mitigation measures to address the concerns of the FAA.
Jennifer Lazovich, the applicant’s representative from Kaempfer Crowell, advised of the conditions agreed upon with the Department of Aviation.
Rosemary Vassiliadis, Clark County Director of Aviation, advised that major operational, noise, safety, and security concerns were identified being that the proposed project was immediately adjacent to the Airport’s security fence line; the Airport and operating users were opposed to the proposed project but expressed appreciation for the applicant’s adherence to the agreed upon conditions; the proposed conditions may mitigate the severity of the safety and security concerns, but the concerns will not be completely eliminated; and expressed the need for an ongoing partnership to continuously address evolving safety and security needs.
In response to Commissioner Miller’s concerns regarding how the proposed project will enhance the local economy, the applicant’s representative advised that the construction company and subcontractors would create construction jobs, and permanent jobs would be created for hotel operations.
Rosemary Vassiliadis, Clark County Director of Aviation, advised that the FAA reviewed comments and concerns expressed by various stakeholders and provided a detailed report following an analysis; a Security Management Plan will be used; the agreed upon conditions addressed the severity of the comments, however, security, safety, and operational concerns remain; all airports are Federally required to have a Vulnerability Assessment; the Construction Plan may cause some disruption to the Airport; the Airport as a whole was already constrained due to the airfield, airspace, and roadway system.
Discussion was held regarding topics including the proposed project’s compatibility with the existing area; currently there are no resort hotels located on the east side of Las Vegas Boulevard South; the size and height of the proposed structure exceed that of the surrounding properties, and would make the proposed project visually dominant; expanding the Gaming Enterprise District; discussed modifications made to the site plan; additional agreed upon airport conditions; continued communication between the property owner and the County was ensured through the Comprehensive Management Plan and the Security Management Plan; the FAA issued a Determination of No Hazard report, and did not find any obstruction impact to the height of the proposed structure; no precedent will be set by the approval of the proposed application as the impact of the height of any future proposals will be studied by the FAA being that each site is unique based on the layout of the runways; the security infrastructure of the community and airport; notwithstanding any changes of ownership, the conditions will remain in effect for the property; a Development Agreement will be required, will be recorded on the property, and will restate the conditions worked on in conjunction with the airport; the Security Plan will be updated annually; and further discussed access to the parking garage.
In response to Commissioner Kirkpatrick, the Board was addressed by David Almany, the applicant’s representative for DLR Group, who advised that food delivery trucks will pass through a manned security checkpoint, will utilize the service drive around the rear of the property to the loading docks on the north portion of the property, and products will then pass through a subterranean corridor to be distributed throughout the property.
In response to Commissioner McCurdy, Tony Celeste advised that security for the parking garage will include an eleven-foot-tall parapet on the inside of the encasing; the Security Management Plan included a Construction Operation Plan which contained specific details regarding the construction, such as time frames, agreed upon by the applicant and the Airport; capped at 234 feet, a new FAA determination will be needed to exceed the cap, and part of the FAA determination requires notice and coordination with the FAA and Department of Aviation when cranes proceed onto the site; and further advised that cranes will be used up to the capped height and then stick-built methods may be used; landscaping will be installed in the future right-of-way and sidewalks will be placed consistent with the existing layout on Las Vegas Boulevard.
In response to Commissioner Gibson, Rosemary Vassiliadis advised that deed restrictions were imposed on the property when it was sold by the airport; one of the aspects of the deed restrictions allowed for a resort hotel; and the Nevada State Supreme Court advised against changing the language.
The Board was advised by the Deputy District Attorney, Jeff Rogan, that per Nevada Revised Statute (NRS) 463.3084 there are conditions that the Board has to make a finding about in order to expand the gaming district to this particular parcel. | Pass |
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