| 10/20/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the matter of the aforementioned described application of Gramercy (Mixed-Use) Owner, LLC for waivers of development standards and design reviews (as indicated on the ATTACHED agenda item):
REPRESENTATIVE(S): Present
SPEAKER(S): Present
DISCUSSION: There being no objections, Item No. 35 was heard in conjunction with Item No. 36.
Following introduction of Item Nos. 35 and 36, the Board was addressed by Jennifer Lazovich, the applicant’s representative, who advised that the Gramercy was located at Russell Road and Clark County Route 215 (CC 215); the Development Agreement for the mixed-use development was entered into in 2006 and proposed a maximum number of residential units and commercial or office space; the proposed project was for two retail locations with outdoor seating, and townhomes to the south with an entrance off Oquendo Road; approximately two years ago a multi-family project was approved between the proposed commercial and townhome projects; proposed refresh to an existing 90 foot sign, redo tenant panels, add LED portion, limited to on premise signage only and proposed additional conditions: no off premise messaging allowed, sign radiance limited to 300 nits (auto adjusted); minimum time for display for each sign user is six seconds before message changes to a new sign user; and further advised that the LED was important being that the businesses did not have visibility to Russell Road and the sign did not have enough space for additional businesses; staff recommended denial of the waiver requests for the sign; and submitted a revised signage plan to Planning with approximately a 32 percent reduction in size from the original submission.
Kimberly Maxson-Rushton, representing LV Gramercy Owner, spoke in opposition to the item regarding parking concerns; advised of a parking study; the proposed parking plan did not meet the requirements per the lease and code; and accommodations were made in August 2020 which her client believed were not being met.
Samantha Dugan, representing the Cole Companies who own the Gramercy Office and Retail, advised of being involved in the development of the property since 2012; managed the office, retail, and existing residential units; and expressed concerns that the parking study showed approximately 500 stalls fewer than required by code prior to the proposed development being constructed; and further advised that the top two panels in the sign were for specific tenants per the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), breaking the existing lease agreement if the LED panel is installed.
Commissioner Jones made a disclosure and was advised by Legal Counsel of his ability to vote on the matter.
Jennifer Lazovich advised that the upper portion of the sign was subject to co-ownership pursuant to an agreement between the parties, and the parties were working on ways to ensure the tenants received adequate signage in exchange for the LED insert being installed, and requested approval from the Board with the understanding that the LED would be part of a private party contract to resolve the mechanics of time and frequency.
In response to Commissioner Jones, Legal Counsel advised that zoning is separate from private agreements, private leases, and private CC&Rs and approval by the Board will not supersede or interfere with those private rights.
Jennifer Lazovich advised that the proposed townhomes will be constructed with garages and on-street parking; parking for the retail parcels will be contained within the parcels controlled by the applicant; and further advised that discussions were held and correspondence exchanged regarding private parking agreements between the parties.
Discussion was held regarding Lot No. 2 including approximately 200,000 square feet of retail, restaurant, and office spaces; a subterranean parking garage with 451 stalls, and 52 stalls on the surface surrounding the structure; no parking waivers were requested; the overall site was approved as a mixed-use development, with parking being determined by the overall site needs, and the County was not part of the ancillary parking issues; and the applicant’s representative expressed agreement with the condition to reconstruct the median along Russell Road. | Pass |
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