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On agenda:
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10/20/2021
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Final action:
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Title:
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UC-20-0546-CIRCUS CIRCUS LV, LLC, ET AL.:
AMENDED HOLDOVER USE PERMITS for the following: 1) Project of Regional Significance; and 2) a monorail.
WAIVER OF DEVELOPMENT STANDARDS to not provide a franchise agreement concurrent with a special use permit for a monorail (no longer needed).
DESIGN REVIEW for a monorail on approximately 85.0 acres (previously notified as 46.0 acres) in an R-E (Rural Estates Residential) (AE-60) Zone, R-4 (Multiple Family Residential - High Density) Zone, C-1 (Local Business) Zone, C-2 (General Commercial) Zone, C-2 (General Commercial) (AE-60, AE-65, & AE-70) Zone, M-D (Designed Manufacturing) (AE-60 & AE-65) Zone, M-1 (Light Manufacturing) Zone, M-1 (Light Manufacturing) (AE-60) Zone, U-V (Urban Village - Mixed-Use) Zone, P-F (Public Facility) Zone, P-F (Public Facility) (AE-65, AE-70, AE-75, & AE-RPZ) Zone, H-1 (Limited Resort and Apartment) Zone, and H-1 (Limited Resort and Apartment) (AE-60, AE-65, AE-70, AE-75, & AE-APZ) Zone. Generally located between Sahara Avenue and Russell Road, and between Maryland Parkway and Decatur Boulevard within Paradise and Winchester. JJ/JG/MN/TS/jt/ja (For possible action)
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| 10/20/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the matter of the aforementioned described application of Circus Circus LV, LLC, Et Al (TBC – The Boring Company) for amended holdover use permits, a waiver of development standards, and design review (as indicated on the ATTACHED agenda item) (held from April 21, 2021):
REPRESENTATIVE(S): Present
SPEAKER(S): Present
DISCUSSION: There being no objections, Item No. 28 was taken in conjunction with Item No. 29 and Item No. 56 from the Board of County Commission meeting held October 19, 2021.
Following introduction of Item Nos. 28, 29, and Item No. 56 from the Board of County Commission meeting held October 19, 2021, staff requested that Item No. 28 Public Works Development Review Bullet No. 8 be amended to read as follows: Union Pacific Railroad approval within the railroad right-of-way; Building Department Bullet No. 6 be amended to read as follows: A settlement and vibration monitoring plan shall be submitted to the County, no permits shall be issued until said plan is approved by the County; Building Department Bullet No. 8 be amended to read as follows: The applicant acknowledges and understands that the future operational changes to the system may not be approved if not accounted for in the original design; under Clark County Water Reclamation District (CCWRD) delete the last statement which starts with “and the tunnels are required to be” and add the following to read: and that the final depth of all tunnels are subject to CCWRD approval; and further requested that Item No. 29 Comprehensive Planning Bullet No. 1 be deleted; under Building Department Bullet No. 6 be amended to read as follows: A settlement and vibration monitoring plan shall be submitted to the County, no permits shall be issued until said plan is approved by the County; Bullet No. 8 be amended to read as follows: The applicant acknowledges and understands that the future operational changes to the system may not be approved if not accounted for in the original design; and under Clark County Water Reclamation District (CCWRD) delete the last statement which starts “and the tunnels are required to be” and add the following to read: and that the final depth of all tunnels are subject to CCWRD approval; and staff advised that the Planning Commission recommended approval for Item Nos. 28 and 29.
The Board was addressed by Steve Davis, President of the Boring Company, who advised that the Loop was a new mode of transportation, consisting of electric vehicles in tunnels, with an express nature and zero emissions; safety and security were priorities; partnered with the Fire and Police Departments, and completed 45 drills and tunnel rescue training; coordinated with the Department of Homeland Security, achieved a gold rating, the highest rating, and was in a franchise agreement to continue the relationship; built three stations which were operational and reduced a 45 minute walk to a two minute drive; stations were places with parking spots and were either subsurface (underground) or surface; the Vegas Loop will be constructed on 29 miles with 51 stations and a capacity of approximately 57,000 passengers per hour; was privately funded; a franchise fee was being paid to the County in a tiered structure; will be constructed utilizing local partnerships and local contractors; and if successful, a loop will be constructed in additional cities for affordable, accessible, comfortable, and safe transportation.
In response to Commissioner Kirkpatrick, Steve Davis advised of partnering with non-profits and other local groups to work on Americans with Disabilities Act (ADA) compliance; every vehicle was outfitted with transfer boards; requested a permit from the County for a vehicle which a passenger in a wheelchair could board; and further advised that the entire system was being constructed to be accessible for passengers with different challenges.
In response to Commissioner Segerblom, Steve Davis advised that the Loop will be constructed in phases, with each station being immediately connected and usable upon completion; and upon receipt of the final permit, approximately 15 to 20 stations will be added online per year.
Discussion regarding the Franchise Agreement followed and included Section 9.1 regarding the determination of items the Boring Company will be purchasing for the Fire Department, including tunnel rescue equipment and staff training; decisions regarding standards were determined by the County Building Department; Section 14.1 determined the first priority from a security standpoint, and contained a transfer section with the County given priority; Section 3.2 addressed provisions related to the National Fire Protection Association, Clark County Fire Department, and the County Building Department; Section 6.4 regarding security in accordance with the National Infrastructure Protection Plan which was under the United States Homeland Security, that the franchisee will be conducting a critical infrastructure vulnerability assessment, and County departments will be meeting to determine the standards that needed to be met; and Section 8 regarded franchise payments and fees that the County will collect, in a tiered approach, the quarterly gross revenue of less than $17.5 million assessed at 0.5% and any quarterly gross revenues which exceeded that threshold will be assessed at five percent.
Robert Warhola, Deputy District Attorney, advised the Board of the process regarding abandonment of the system; the process to determine if the monorail was abandoned; following a period of 180 days the County would give a 60 day notice to the applicant to remedy the abandonment; subject to lenders rights, and the County could revoke the franchise agreement, the lender or applicant could then offer a substitute entity, the Board would have the authority to consider the entity, and then the Board would approve the entity as a substitute for the applicant.
Yolanda King, the County Manager, advised that the Franchise Agreement was in effect for 50 years; and the agreement had a section which provided for the decommissioning of the system if there was any abandonment or default of the system; and further advised that Exhibit B included a map of the proposed system; and any changes or additions would need to come before the Board as an amendment for review and approval.
The Board was then addressed by Jerry Stueve, the Director of the Department of Building and Fire Prevention, who advised that Section 19.1 referenced County inspections of the system; standards included the applicable provisions of the County Fire Code, the International Fire Code, the International Building Code, and the National Fire Protection Association (NFPA) series of applicable standards; the final determination of applicable standards was made by the Fire Chief and the Director of the Department of Building and Fire Prevention; disagreements were to be settled by the standard process with the Board of Building Appeals; and the Amusement and Transportation (ATS) Permit required standard periodic maintenance and inspections, with issues being reported immediately followed by investigations.
In response to Commissioner Gibson, Jerry Stueve advised that code TG-200 established the process where the applicant could identify three experts for the County to choose from to do a peer review for staff to enhance their experience using experts.
William Stanley, representing the Southern Nevada Building Trades Union, expressed support for the project, and advised of an agreement with the Boring Company regarding safety standards.
Rama Venkat, the Dean of University of Nevada, Las Vegas (UNLV) College of Engineering, advised of a Transportation Research Center at the University; the project would be beneficial for the County to link up with a high level capacity transportation network doubled up with strategic locations; benefits included reducing travel time between points, reduced the travel time envelope, increasing the efficiency of travel between points, moved people into and out of the resort corridor in an efficient manner, reduced vehicular traffic on surface streets, reduced emissions, and increased air quality; during the planning and design phase College of Southern Nevada (CSN) and UNLV graduates may be employed as interns with future employment opportunities in maintenance and facility operations; and expressed support for the proposed project.
Billy Orcutt, representing Mountain West Excavation and Utilities a local woman owned business, advised of partnering with the Boring Company for approximately a year, expressed excitement at being part of the project, advised that the project will play a key role in setting Las Vegas apart as an innovator, and recommended taking a tour of the completed tunnel.
Danny Thompson, representing the Operating Engineers Local 12, spoke regarding the history since the 1960s at the Nevada Test Site operating Boring machines, advised of working cooperatively with the Boring Company, and expressed support for the project.
Gordon Prouty, Vice President of Public Relations and Community Affairs at the Westgate Las Vegas Resort & Casino, advised of the importance of developing the infrastructure now to meet the future needs of being a world class destination; the proposed project provided needed transportation improvements for the region, addressed increasing traffic, long-term environmental concerns, and will improve the overall destination guest experience; further advised that the project is a game changer and will move the region ahead of competing destinations; and expressed support for the project and for any future expansions.
Jack Behrens, Vice President of Dreamscapes Companies, the owner of the Rio Hotel, spoke in support of the Vegas Loop and the Boring Company; advised of the project’s positive economic and hospitality industry impact; budgeted funding to build a station as a private enterprise; expressed excitement about the connectivity; hoped to connect with Allegiant Stadium and contribute parking spots to alleviate some of Allegiant’s issues; and advised that the Vegas Loop itself will be a tourist attraction.
Chris Plant, representing Tropicana Las Vegas, spoke regarding the innovation, mobility, and environmental benefits the proposed project will bring to the corridor; and expressed support.
Shawn Kinsey, representing Operating Engineers Local 12, spoke in support of the project.
Tommy White, representing Labor’s Local 872, spoke regarding topics including working with the Boring Company, training provided for the union members, and expressed support for the project.
Mike Sherwood, Vice President for Nevada Ready Mix, the oldest concrete supplier in Nevada, spoke in support regarding the benefits of the project for Southern Nevada and the transformative effects of the proposed project on the quality of life of the entire community.
Gary Milliken, representing Nevada Contractors Association, spoke regarding topics including good paying jobs, the project being completed in phases over time leading to long term job stability, and the project represents a new innovative transportation solution.
Gerald Gardner, the General Council and Senior Vice President at Resorts World Las Vegas, expressed support for the Boring Company and the Vegas Loop project; worked with the Boring Company for approximately two years constructing the tunnel from the convention center to Resorts World, will be opening the first station at a Las Vegas resort in a few months; and discussed the potential for the Vegas Loop to expand throughout the Las Vegas Valley.
Brent Conrad, President of Werdco BC, advised of working with the Boring Company to bring equipment and materials to the Valley, and expressed support for the proposed project.
Steve Hill, Chief Executive Officer of the Las Vegas Convention and Visitors Authority LVCVA), spoke regarding topics including working with County staff; the system at the LVCVA was a great amenity and experience for customers, and demonstrated that the system works; the LVCVA purchased the monorail which had a limited functionality left; compared the capacity of the monorail, bus system, and the Loop; the Loop is the only viable solution for traffic congestion on the Strip; no public funding cost; the Vegas Loop will become an attraction and will add to the Las Vegas brand; and requested support for the item.
Ed Uehling spoke regarding topics including contractors, the Boring Company’s presentation for the Vegas Loop project was revolutionary but the system installed at the Las Vegas Convention and Visitors Authority did not have a rail or automatic system.
Chris Meyer advised of riding the Loop; the system will be autonomous in the future; suggested that another automobile manufacturer be given the opportunity to provide some vehicles to receive marketing opportunities in addition to Tesla; and expressed support for the Vegas Loop.
The applicant’s representative advised of the importance and magnitude of the project, increased jobs, economic stimulation, and an opportunity for Clark County at no cost.
Discussion followed regarding topics including auditing financials; Section 10.1 contained the reporting requirements; the Boring Company was in agreement with the Building Trades; the dirt will be removed from the Valley in trucks; updates regarding the training component will be provided to the Board; the Boring Company will provide updates regarding enhancements to the program to the Board; safety and security; economic impact; the large capacity of the system enables additional efficiency during conventions; environmental benefits; continuing conversations with partners; and addressed climate issues and reduced emissions. | Pass |
Action details
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Meeting details
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Video/Audio
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UC-20-0546-CIRCUS CIRCUS LV, LLC, ET AL.:
AMENDED HOLDOVER USE PERMITS for the following: 1) Project of Regional Significance; and 2) a monorail.
WAIVER OF DEVELOPMENT STANDARDS to not provide a franchise agreement concurrent with a special use permit for a monorail (no longer needed).
DESIGN REVIEW for a monorail on approximately 85.0 acres (previously notified as 46.0 acres) in an R-E (Rural Estates Residential) (AE-60) Zone, R-4 (Multiple Family Residential - High Density) Zone, C-1 (Local Business) Zone, C-2 (General Commercial) Zone, C-2 (General Commercial) (AE-60, AE-65, & AE-70) Zone, M-D (Designed Manufacturing) (AE-60 & AE-65) Zone, M-1 (Light Manufacturing) Zone, M-1 (Light Manufacturing) (AE-60) Zone, U-V (Urban Village - Mixed-Use) Zone, P-F (Public Facility) Zone, P-F (Public Facility) (AE-65, AE-70, AE-75, & AE-RPZ) Zone, H-1 (Limited Resort and Apartment) Zone, and H-1 (Limited Resort and Apartment) (AE-60, AE-65, AE-70, AE-75, & AE-APZ) Zone.
Generally located between Sahara Avenue and Russell Road, and between Maryland Parkway and Decatur Boulevard within Paradise and Winchester. JJ/JG/MN/TS/jt/ja (For possible action)
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