NOTICE OF PUBLIC MEETING
AGENDA
TUESDAY, FEBRUARY 22, 2011–
BOARD MEMBERS POSTING LOCATIONS
Dee Gatliff
Desert Breeze Community Center-8275
W.
John Getter Helen
Meyer Community Center-4525
Duane Laible, Vice Chair
Lee Plotkin West
Flamingo Senior Center-6255 W. Flamingo
Angie Heath Younce, Chair
Diana Morton, Secretary
I.
CALL TO ORDER
II.
PLEDGE OF
ALLEGIANCE
III.
PROCEDURES/CONDUCT
A.
Conformance with
the
B.
Meeting
Guidelines
C.
Liaison/County
Staff Business
D.
Approval of
Agenda Posted, Including Any Deletions or Corrections
E.
Approval of
Minutes of
F.
Review and Make
Formal Recommendations of 2011-2012 Bylaws
The proposed revisions as presented were passed with only minor
modifications to satisfy a concern voiced by the liaison. Member Lee Plotkin
objected to several items claiming he had met with Robert Warhola and the
Nevada Ethics Commission. He read comments from memoranda with concerns the
language was vague or in disagreement with ethics rules. Liaison advised
Administrative Services and the District Attorney had approved all suggested
changes for legal and ethical compliance with the one exception, which was
changed by action of the TAB. Mr. Plotkin did not share his memoranda with the
TAB. Based on the comments from staff Mr. Plotkin’s objections were considered
but did not result in changes. In addition, a page of Protocols for the TAB and
those presenting to the TAB was approved and added to the document. The final
version is scheduled for approval at the next meeting.
IV. PUBLIC INPUT – Comments by the General Public and Discussion –
No action may be taken
upon a matter raised under this
item of the agenda until the matter itself has been included on
the agenda. Public comment will
be limited to three (3) minutes.
Citizen Dan
Finnegan, Spring Valley Chair of the Southwest Action Network voiced concerns about
an email response received from TAB member Lee Plotkin which was also sent to
the TAB. Mr. Finnegan rejected the statements by Mr. Plotkin stating the
communication may constitute a violation of the Nevada Open Meetings Law. Mr.
Finnegan said he felt it is his duty and responsibility as a citizen to
communicate with various boards and commissions as he sees fit. Mr. Plotkin
replied that he was concerned that any communication from individuals or groups
that occur outside of the actual public meeting will produce an environment in
which citizens feel excluded, and that such can violate the spirit and letter
of the OML. He stated he has not and will not consider such communications unless
presented during the TAB meeting. The materials sent by Mr. Finnegan consisted
of various public record documents related to church and religious facilities
including NOFAs. He said it was offered as background information in light of
various religious-related agenda items including 1-A below. The TAB also
received email communications from the applicant, and no objections were voiced
to that communication by any TAB member.
IV.
PLANNING &
ZONING
Action
to be taken on the following applications:
VI. Set next meeting date –
***IF YOU PLAN ON BEING IN ATTENDANCE, IT IS
IMPORTANT TO BE ON TIME (6:20 PM ) IN CASE SOME ITEMS ARE HEARD OUT OF ORDER. THERE IS A CONFLICT OF HEARING WITH OTHER TOWN
BOARDS AND SOMETIMES THE APPLICANT HAS AN EMERGENCY.
COMMISSIONERS
SUSAN BRAGER, Chair – STEVE SISOLAK,
Vice-Chair
Meeting Location: Desert Breeze Community Center
ATTACHMENT A
HELD OVER FROM JANUARY 25, 2011
MEETING
1A. UC-0612-10 – BHODHIYANA MEDITATION
CENTER TRUST:
USE PERMIT for a place of worship.
WAIVERS OF DEVELOPMENT STANDARDS for the following: 1)
off-site improvements (including paving); 2) allow access to a local
street; 3) trash enclosure; 4) commercial curb return driveway; 5)
allow alternative buffer landscape requirements adjacent to a less intense use;
6) waive the requirement to screen existing mechanical equipment; and 7)
allow an existing overhead power lines.
DESIGN REVIEW for a place of worship on 1.0 acre in an R-E (Rural Estates Residential)
Zone. Generally
located on the east side of
TAB member Lee Plotkin stated “for the record” that he is not a
member of SWAN. Duane Laible stated he is a member of SWAN and welcomed
information and inputs from any citizen or group on any item on the agenda. TAB
member Lee Plotkin left the meeting due to a family medical issue.
TAB voted to
deny 4-0. The applicant admitted they were there in response to interactions
with CCPRO resulting from unauthorized or permitted operations. They offered a
landscape plan and promised there would be no on-street parking as only 10
persons attend meditation sessions on a weekly basis, and three visitors daily
provide food for the monks. Upon questioning, they acknowledged that there
could be as many as 150 persons attending special events once or twice a year,
but that they would arrange for offsite parking and transport visitors in a
van. Six neighbors attended strongly objecting to the proposal based on
previous activities, traffic problems, concerns about
increased traffic on a residential street in the RNP. In addition, 15 protest
cards were received. TAB members stated a belief that to allow such significant
variances as proposed in this case would amount to discrimination against other
religious organizations that have been held to, and met a higher standard for
neighborhood compatibility and compliance. TAB agreed with overall staff
recommendations to deny the application.
1. UC-0582-10
–
USE PERMIT to operate a major training facility
(music/dance/art/academic) in an existing office building within an existing
office complex on 9.3 acres in a C-P
(Office & Professional) Zone in the MUD-3 and
TAB voted to approve with staff conditions 4-0.
2. UC-1150-08
(ET-0006-11) – richardson, william r.
& melissa l.:
USE
PERMIT FIRST EXTENSION OF TIME to
commence and review a recreational facility (indoor shooting range).
WAIVERS
OF DEVELOPMENT STANDARDS for the
following: 1) reduced parking; 2) increased wall height; and 3) reduce the number of loading spaces.
DESIGN REVIEW for a
recreational facility on 3.2 acres in an M-D (Designed Manufacturing) Zone and
an M-D (Designed Manufacturing) (AE-60) Zone in the
TAB
voted to approve with staff conditions 4-0.
3. UC-0731-09 (ET-0009-11) – GOLDMAN INVESTMENT GROUP TRUST:
USE PERMITS FIRST EXTENSION OF TIME to commence and review
following: 1) alternative design
standards; 2) a casita to exceed
1,500 square feet; and 3) a
single-station beauty salon.
WAIVERS
OF DEVELOPMENT STANDARDS for the
following: 1) reduced setbacks; and 2) allow a home occupation
(single-station beauty salon) within an accessory structure (casita) on 0.8
acres in an R-E (Rural Estates Residential) Zone. Generally located on the
south side of
TAB
voted to approve with staff conditions 4-0. Applicant discussed the planned development and provided the
newly-issued business permit. No neighbors appeared in opposition. Two TAB
members expressed strong concerns that this item was approved inappropriately initially
as it constitutes the operation of a business within an RNP, brings customers
to that location and other concerns based on Title 30.44. This member and Ms.
Dee Gatliff were concerned this sets a bad precedent for business operations
within R-E/RNP. But, advised by staff that because this was a request for a
first extension of time, we voted in the majority to approve the item with
provisions that allow for an 18 month review.
4. UC-0005-11
– MORGAN FAMILY TRUST:
USE PERMITS for the following:
1) a communication tower; 2) increased height of a
communication tower; and 3) reduced setback from a communication tower
to a residential development.
DESIGN REVIEW for a communication tower and associated equipment on a portion of 2.8
acres in an R-E (Rural Estates Residential) Zone. Generally located on the
west side of
TAB
voted to approve 3-1 with staff conditions- use permits 1&2&3A approved
and 3B denied as agreed with applicant. The majority of the TAB agreed with the
applicant and in opposition to staff recommendations that it was reasonable to
place a tower in excess of allowed height and with significant separation
reductions. This member agreed with staff that this location is inappropriate
as proposed. In addition, rapidly changing cell technologies are expected to
remove the requirement for such towers to provide enhanced service within the
next year.
5. UC-0047-11
– OHLENBUSCH, ALBERT B. FAMILY TRUST, ET AL:
USE PERMIT to allow a second kitchen
in conjunction with a proposed single family residence on 0.6 acres in an R-E (Rural Estates Residential)
(RNP-I) Zone. Generally located on the
east side of
TAB voted to
approve with staff conditions 4-0. Applicant family is building a new home that
allows an autistic and functional adult daughter to live independently, but
with their protection. The entrance proposed is through the main home or garage.
The house is on single utility service and is generally incompatible with
conversion to a rental property. TAB members consulted with staff about
precedent concerns and the applicant said they are willing to add Deed
Restrictions if desired to control future uses. TAB members complimented the
applicant for their efforts and wished them well.
6. VS-0023-11
– Storybook homes:
VACATE
TAB
voted to approve with staff conditions plus additional issue, 4-0. Applicant
acknowledged that they are in arrears in payment of county taxes and they
should and will be brought current before final approval. Approval was
conditioned on payment.
7. DR-0037-11–
MY WAY, LLC:
DESIGN REVIEW for a playground area in conjunction with a proposed private school on
1.4 acres in a
WAIVER OF
CONDITIONS of a waiver of
development standards (WS-1282-05) requiring development per revised plans for
office buildings. Generally
located on the east side of
Approved by TAB with
staff conditions 4-0.
The applicant has taken significant action to prevent loading or unloading of
students on a residential street (Eldora) and to provide adequate parking and queuing
area. One neighbor appeared with concerns about potential noise in his
adjoining back yard. Applicant and neighbor agreed applicant will add an
additional run of block or increase to six feet, whichever is higher, atop the
shared wall during development. Neighbor said he was satisfied.
8. DR-0039-11 – RAINBOW
DESIGN REVIEW for an addition to an existing office building on 2.1 acres in a C-P
(Office & Professional) Zone in the Desert Inn Road Transition Corridor
Overlay District. Generally
located on the northeast corner of
TAB voted to approve with conditions 4-0. The applicant is a
medical practice which will expand into about 50% of the new development and
make the balance available to future co-located medical practices. One neighbor
appeared to state the applicant has done an inadequate job maintaining plants
on the existing development. Applicant agreed to remove and replace several
dead trees and neighbor was advised this was a requirement with which CCPRO
could assist should it reoccur.
The
statements, opinions and observations expressed in this document are solely
those of the author. The opinions stated
in this document are not the official position of any government board,
organization or group. The project
descriptions, ordinances board/commission results are reproduced from publicly
available
John
Getter