TERRIBLE HERBST - City of North Las Vegas

# 7 ) UN-05-16
TERRIBLE HERBST
SPECIAL USE PERMIT
CONVENIENCE STORE WITH GAS PUMPS
PUBLIC HEARING
STAFF REPORT
To:
Planning Commission
Item: UN-05-16
Meeting date: January 13, 2016
Prepared by: Robert Eastman
GENERAL INFORMATION:
Applicant:
Osprey Real Estate Capital
Property Owner(s):
Phantom Zone Holdings, LLC
Requested Action:
Approval of a special use permit
Purpose:
To allow a convenience food store with gas
pumps
Location:
Southeast Corner of North Fifth Street and
Lone Mountain Road
Parcel Number(s)
139-02-101-001
Lot Area:
1.1 ± acres
Comprehensive Plan:
Neighborhood Commercial
Existing land use and zoning:
Undeveloped; C-1, Neighborhood Commercial
District
Surrounding land use and zoning:
North: Single-Family Residential; R-1, SingleFamily Low Density District
West: Single-Family Residential; R-1, SingleFamily Low Density District
East: Undeveloped; C-1, Neighborhood
Commercial District
South: Undeveloped; R-E, Ranch Estates
Residential District
BACKGROUND INFORMATION:
The applicant is requesting Planning Commission approval to allow a convenience food
store with gas pumps. Additionally, the applicant intends to develop a car wash with the
convenience store. According to the letter of intent, the applicant is proposing to
develop the site with a convenience store which is appropriate along the major
transportation corridor of North Fifth Street.
The site plan indicates that the convenience store (3,100 square feet in area) and car
wash (1,020 square feet in area) will be located along the south side of the site, with the
fuel canopy located to the north near the intersection of Lone Mountain and North Fifth.
Access to the site is from two curb cuts, one located along North Fifth and one on Lone
Mountain. A total of 16 off-street parking spaces are proposed with the development,
where 14 spaces are required. Twenty feet of landscaping is provided along both street
frontages, while a range of zero to 20 feet is provided along the east and south property
lines.
The proposed building is approximately 27 feet in height, while the gas canopy is 19.5
feet in height. The building is constructed of painted stucco exterior with stone and
cornice elements. The building contains beltlines, columns, and a two color scheme to
help break up the building and provide visual interest. The gas canopy also contains
the stone accents as a wrap around the posts of the canopy.
DEPARTMENT COMMENTS:
Public Works:
Please see the attached memorandum.
Fire Prevention:
Please see the attached memorandum.
ANALYSIS:
According to the letter of intent, the size of the site limits the possible businesses
available to develop the site. The convenience store can be located on the site and is
appropriate because the North Fifth Street corridor is being developed as a major
thoroughfare for the City of North Las Vegas.
The North Fifth Street Transit Supportive Concept Plan, adopted by the City in 2006,
created the design of North Fifth Street. The plan contains elements for design and
land uses. The 150 foot right-of-way street section as well as code recommendations
are provided. The corridor envisions a pedestrian oriented corridor with higher density
than currently developed along North Fifth. Auto oriented uses should be discouraged
and near proposed transit stations, prohibited. As the proposed use is an auto-oriented
use, the site may not be appropriate for a convenience food store with gas pumps and a
car wash.
The site plan also contains some problems. Specifically, the proposed driveways are
located too close to the intersection of North Fifth Street and Lone Mountain Road. The
entry drive on North Fifth Street is required to be a minimum of 150 feet and the entry
drive along Lone Mountain Road is required to be 190 feet from the intersection. The
drive along North Fifth is located approximately 105 feet and the drive on Lone
Mountain is approximately 110 from the intersection. The applicant has provided a
shared drive along the property line on Lone Mountain and therefore, it may be
acceptable as it is the maximum distance available. The drive on North Fifth must be
moved to the south to comply with the distance requirements.
All entry drives are required to provide a minimum throat depth of 25 feet, to provide
some vehicle stacking space and prevent traffic congestion around the site. The
applicant is providing zero (0) feet of throat depth. The North Fifth Street section
requires a 20 foot landscaping / pedestrian easement adjacent to the right-of-way. The
applicant only provided 15 feet.
The parcel to the south is a residentially zoned parcel, R-E, Ranch Estates. The
required setback for any commercial business is 30 feet from any residentially zoned
parcel. The building is currently setback only 28 feet. Additionally, the buffering
landscaping required along the south property line is twenty (20) feet, the applicant has
provided a range of seven (7) to twenty (20) feet. The buffering landscaping is not in
compliance with Title 17 requirements.
Architecturally the building and canopy are in compliance with the commercial design
standards. An elevation of the trash enclosure has not been provided, however it is
required to have similar characteristics as the main building. This is a minor problem,
which can be reviewed with the building permit.
Requirements for Approval of a Special Use Permit
In accordance with the Zoning Ordinance, the Planning Commission may, by motion,
grant a special use permit if the Planning Commission finds, from the evidence
presented, that all of the following facts exist:
1.
The proposed use is consistent with the Comprehensive Master Plan and all
applicable provisions of this Code and applicable State and Federal regulations;
2.
The proposed use is consistent with the purpose and intent of the zoning district
in which it is located and any applicable use-specific standards and criteria in
Chapter 17.20 of this Code;
3.
The proposed use is compatible with adjacent uses in terms of scale, site design,
and operating characteristics (such as, but not limited to, hours of operation,
traffic generation, lighting, noise, odor, dust, and other external impacts);
4.
Any significant adverse impacts anticipated to result from the use will be
mitigated or offset to the maximum extent practicable; and
5.
Facilities and services (including sewage and waste disposal, water, gas,
electricity, police and fire protection, and roads and transportation, as applicable)
will be available to serve the subject property while maintaining adequate levels
of service for existing development.
RECOMMENDATION:
As the North Fifth Street Transit Supportive Concept Plan does not support autooriented uses along North Fifth Street, the Community Development and Compliance
Department recommends that UN-05-16 be denied.
If the Planning Commission determines that approval of the use is warranted, the
Community Development and Compliance Department recommends that the item be
continued indefinitely to allow the applicant time to address all the issues in the staff
report.
If the Planning Commission approves the item, the following conditions are
recommended:
Planning and Zoning:
1.
That, unless expressly authorized through a variance, waiver or another
approved method, this development shall comply with all applicable codes and
ordinances.
Public Works:
2.
All known geologic hazards shall be shown on the site plan and the civil
improvement plans.
Subsequent identification of additional hazards may
substantially alter the original site plan.
3.
Approval of a drainage study is required prior to submittal of the civil
improvement plans.
4.
All local facilities and street centerline grades must be constructed in
conformance with the City of North Las Vegas’ North Neighborhood Flood
Control Master Plan, or as otherwise approved by the Director of Public Works or
his designee.
5.
The public street geometrics, width of over-pave and thickness of the pavement
sections will be determined by the Department of Public Works.
6.
Approval of a traffic study is required prior to submittal of the civil improvement
plans. Please contact Traffic Engineering at 633-2676 to request a scope.
7.
The driveway location on North 5th Street shall comply with the minimum
acceptable requirements for a driveway approaching an intersection per Clark
County Area Uniform Standard Drawing number 222.1 for Commercial Driveway
Geometrics.
8.
The size and number of driveways and their locations are subject to review and
approval by the City Traffic Engineer. Driveway throat depths shall meet the
standards set forth in Clark County Area Uniform Standard Drawing number
222.1. Conformance may require modifications to the site plan.
9.
Should the applicant fail to acquire the proposed shared access driveway as
proposed on the site plan, a driveway on Lone Mountain Road will not be
allowed, as there is insufficient street frontage to provide a driveway solely on the
subject property and meet the minimum departure dimension requirements for
this parcel.
10.
The developer is required to construct a raised median within Lone Mountain
Road to extend seventy five (75') feet east of the subject parcel. The median
shall be constructed per Clark County Area Uniform Standard Drawing numbers
218 and 219 “A” type island curb.
11.
Commercial driveways are to be constructed in accordance with Clark County
Area Uniform Standard Drawing number 225, with minimum widths of 32 feet as
measured from lip of gutter to lip of gutter.
12.
Dedication and construction of the following streets and/or half streets is required
per the Master Plan of Streets and Highways and/or City of North Las Vegas
Municipal Code section 16.24.100:
a.
North 5th Street
b.
Lone Mountain Road
13.
North 5th Street shall be designed in accordance with the City of North Las
Vegas Uniform Standard Drawings for North 5th Street Improvements.
14.
All development along North 5th Street shall provide a twenty foot landscape and
pedestrian access easement/common element adjacent to the right-of-way.
15.
The property owner is required to grant a roadway easement for commercial
driveway(s).
16.
The property owner is required to grant a pedestrian access easement for
sidewalk located within a common element, or on private property, when that
sidewalk is providing public access adjacent to the right-of-way.
17.
A revocable encroachment permit for landscaping within the public right of way is
required.
18.
All Nevada Energy easements, appurtenances, lines and poles must be shown
and shall be located entirely within the perimeter landscape area of this
development. Distribution lines, existing or proposed, shall be placed
underground if impacted by the proposed development of the parcel or if the pole
impedes upon the proper ADA clearances for sidewalk. Under no circumstances
will new down guy wires be permitted.
19.
All off-site improvements must be completed prior to final inspection of the first
building.
ATTACHMENTS:
Public Works Memorandum
Fire Prevention Memorandum
Letter of Intent
Site Plan
Building Elevations
Location and Zoning Map