STAFF REPORT # 6) UN-04-17 BOURBON STREET SPORT S BAR SPECIAL USE PERMIT PUBLIC HEARING To: Planning Commission Meeting date: January 11, 2017 Item: UN-04-17 Prepared by: Robert Eastman GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: RREF II-KI Promenade, LLC RREF II-KI Promenade, LLC Approval of a special use permit To allow an On-sale of alcoholic beverages in conjunction with a Restricted Gaming License Location: 775 West Craig Road, Suites 152-160 Parcel Number(s): 139-03-314-009 Lot area: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: BACKGROUND INFORMATION: 7.6 ± acres Mixed-Use Commercial Retail Commercial Center; C-2 General Commercial District North: Craig Ranch Regional Park; PSP, Public Semi-Public District East: Retail Commercial Center; C-2 General Commercial District South: Goldcrest Park; R-1, Single- Family Low Density District West: Retail Commercial Center; C-2 General Commercial District The applicant is requesting Planning Commission consideration of a Special Use Permit to allow the on-sale of alcoholic beverages in conjunction with a restricted gaming liquor license. According to the letter of intent the applicant intends to develop a 24-hour
entertainment facility. The business will contain a dining area, two lounge areas, pool tables, arcade style gaming machines, and a bar with slot machines. The facility will be approximately 7,200 square feet in size. The business plan is to provide a complete entertainment facility for adults, as the facility will be restricted to patrons 21 year of age and older.. With this use permit, the applicant is also requesting waivers of the separation requirements. Specifically the applicant is requesting a waiver of the 2,500 foot separation from another restricted gaming establishment; the 1,500 foot separation from an existing park; and the 500 foot separation from developed residential. The applicant states in the letter of intent that the proposed use is separated by sufficient and adequate barriers in the form of Craig Road to the north, a drainage facility to the south, and Revere Street to the west. The proposed use will occupy a number of suites within an established retail commercial center. The center was constructed in 2005 and is in compliance with the Commercial Design Standards. Access to the center is from three existing driveways on Revere Street; and three existing driveways on Craig Road. DEPARTMENT COMMENTS: Public Works Department: Fire Prevention: No comment. No comment. ANALYSIS: A restricted gaming establishment is permitted with approval of a Special Use Permit in a C-2, General Commercial District. In general the proposed site is in compliance with the commercial design standards and the proposed use may be acceptable. However, the site is surrounded by uses that are not compatible with the restricted gaming on-sale use as proposed. The proposed use may create safety concerns to the neighborhood and requires waivers of the distance separation requirements from two parks, one existing tavern, and 17 existing homes. The applicant has requested the waivers, and states that an adequate barrier exists between the existing and proposed use. An adequate barrier is required between the proposed Restricted Gaming use and existing Restricted Gaming Use; as well as between the proposed use and the parks. An adequate barrier is not required for the waiver of the 500 foot separation between the use and the developed residential. The Zoning Ordinance (17.20.020.C.14) defines an adequate barrier as an improved drainage facility, Interstate 215, other roadway with a minimum width of 120 feet as shown on the Master Plan of Streets and Highways, or a topographical feature that prevents vehicular and pedestrian access between a church, school, city-owned park, child care
facility, residential development, existing Restricted Gaming Liquor location and the proposed Restricted Gaming Liquor location. The applicant states that Craig Road, Revere Street, and the drainage facility are adequate barriers. Craig Road is identified as a 120-foot right-of way on the Master Plan of Streets and Highways and does qualify as an adequate barrier. Revere Street is identified as an 80-foot right-of-way on the Master Plan of Streets and Highways and does not qualify as an adequate barrier. The drainage facility to the south is an improved drainage facility, however, the improvements helped create Goldcrest Park. The drainage facility is a channel from Alexander Road in the south that runs north then east to Revere Street. At Revere Street the channel was used to create a park, as it is in a more natural design with some riprap and a wider desert landscaped area. There are walking paths, gazebos, and benches within the drainage facility. The drainage channel then flows northeastward through a turfed open play area until it is placed into an underground pipe at Kings Hill Road. As the drainage channel is a constitute part of Goldcrest Park, it should not be considered an adequate barrier. An adequate barrier is not required for the waiver from developed residential, Revere Street does not provide a barrier for pedestrians from the nearby residential to the west. The proposed 24-hour liquor and gaming use also creates safety concerns for both the residents and pedestrians of the existing neighborhood because of the proximity of the parks and residential uses. 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.
The proposed use is not appropriate at this location, the park to the south and the nearby residential make the use undesirable at this location. RECOMMENDATION: The Community Development and Compliance Department recommends that UN-04-17 be forwarded to the City Council with a recommendation of denial. If the Planning Commission determines that approval of the use permit and the requested waivers is warranted, the following conditions are recommended: (Note: This item is required to be forwarded to the City Council for final consideration.) 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. ATTACHMENTS: Letter of Intent Site Plan Floor Plan Building Elevations (photos) Distance Separation Survey Notes from Neighborhood Meeting (09/06/16) Clark County Assessor s Map Location and Zoning Map