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SWAN ENTERPRISE TAB WATCH

 

Results July 9, 2008

 

Planning Commission 7:00 P.M., Tuesday, July 15, 2008.

Board of county Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, July 16, 2008.

 

The PC decisions/recommendations may be appealed to the BCC within five business days of the date of the PC hearing.  Appeal form is found at:

 

 http://www.accessclarkcounty.com/depts/comprehensive_planning/zoning/Documents/appeal.pdf

 

An appeal may be made in person at the Current Planning desk or by fax (702-455-3271).  Call Current Planning (455-4314) or SWAN to find out how to file an appeal.

 

DISCUSSION & RECOMMENDATION*

 

1. Approve a letter from the Enterprise TAB in support of the Spring Valley residents to expand the Clark County Trail System.  TAB approved

 

PUBLIC COMMENTS:

 

The area east of Las Vegas Blvd along Robindale has several houses being used for short term rentals (party houses).  The county code requires rentals to be at least a 30 day lease.   If you see this type of activity it should be reported to Code Enforcement or 911, if the situation warrants.  Vacant houses with broken windows or doors should also be reported to code enforcement so they can be secured.

 

The Metro Enterprise sub-station at Rainbow and Windmill is slated to be open on Friday, July 11, 2008.  This will be a welcome addition to Enterprise.

 

Planning & Zoning Items:

 

CP-0741-08 Transportation Plan Amendment  TAB approved

 

A proposed amendment to the Clark County Transportation Element to remove Wigwam Avenue from Hualapai Way to Durango Drive as an 80 foot right-of-way collector street. 

 

The suggestion was made to remove Wigwam from the transportation map as a collector street from Durango to Rainbow.  Not on the agenda

 

07/15/08 PC

 

1.   NZC-0505-08 – CORONADO LAND, LLC:  TAB approved with additional conditions

 

ZONE CHANGE to reclassify 3.5 acres from R-E (Rural Estates Residential) Zone to M-D (Designed Manufacturing) Zone.

 

USE PERMITS for the following:

 

1) offices as a principal use;

2) experimental laboratory;

3) increased building height; and

4) a day care facility.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) alternative landscaping;

2) reduce setbacks;

3) day care facility not on a collector or arterial street; and

4) off-site improvements (streetlights).

 

DESIGN REVIEW for an office and warehouse with laboratory and day care facility development. Generally located on the west side of Placid Street and the north and south sides of Arby Avenue (alignment) within Enterprise (description on file). 

 

This area is undergoing a change from residential to commercial.  This project is well designed and keeps the tallest building next to commercial property to the north.  The TAB changed the staff recommendation for lighting to the following:

 

·   All lighting to be low level with any light source to be shielded with "full cut-off' fixtures (light lens not visible) facing existing or planned residences

·   Floodlights, spotlights, or any other similar lighting shall not be permitted to illuminate buildings along  existing or planned residences

·   No wall signage on any building elevation facing existing or planned residences.

·   Light poles not to exceed 14 ft total height

 

PC agenda item # 35         BCC August 20, 2008

 

2.   UC-0468-08 – DAVIS, KATHRYN & TIMOTHY:  TAB approved with a one year review

 

USE PERMITS for the following:

 

1) increase the number of horses permitted;

2) reduce the minimum exercise area;

3) eliminate the side setback;

4) reduce the minimum lot area for a horse riding/rental stable facility;

5) allow an accessory agricultural structure to exceed more than one-half the footprint of the principal dwelling;

6) allow all accessory agricultural structures to exceed the footprint of the principal dwelling; and

7) allow metal agricultural accessory buildings to have a non-decorative metal roof.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) reduced side setback;

2) reduced rear setback;

3) reduce the separation between structures; and

4) eliminate parking for a commercial boarding stable

 

in conjunction with a single family residence on 0.9 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the east side of Rancho Destino Road, 360 feet south of Robindale Road within Enterprise.

 

This item was approved by the TAB on a 3 to 1 vote.  The only reason this item passed the TAB was the addition of a one year review.  There is no assurance that the 1 yr review will be incorporated by the PC.  In addition, it will not resolve any of the waivers.  However, a commercial project with this number of waivers would not have passed the TAB.

 

The neighbors showed strong support for the stables.  The arguments used to pass this item could be used for a number of other projects, such as a place of worship (ie., dust is under control, they’re good people, it’s a clean operation).   The passage of this item makes the effort to establish Title 30 code to protect the RNP-1 overlay harder to do.  It perpetuates the thought that the RNP’s are unruly places where anything goes.  The other problem with this project is the use of a domestic well for commercial purposes, which is not permitted by the state.  The dust control required for this stable most likely involves over pumping of the well permit.  PC agenda item # 30

 

3.   UC-0549-08 – WYSON, JOSEPH & JANA:  TAB approved

 

USE PERMIT for an accessory structure (horse riding arena) prior to the establishment of the principal use (single family residence) on a portion of 2.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the south side of Torino Avenue, 400 feet west of Bermuda Avenue within Enterprise. 

 

The applicant will move the horse riding arena to comply with the set back requirements.  PC consent agenda item # 9

 

4.   UC-0578-08 – DOUBLE PLAY ENTERPRISES, LLC:  TAB approved

 

USE PERMITS for the following:

 

1) a communications tower; and

2) reduced separation for a communications tower from another communications tower.

 

DESIGN REVIEW for a communications tower in conjunction with an existing commercial building on a portion of 1.0 acre in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District. Generally located on the west side of Las Vegas Boulevard South, 125 feet south of Richmar Avenue within Enterprise. PC consent agenda item # 11 

 

5.   VS-1634-04 (WC-0158-08) – NEVADA DEPARTMENT OF TRANSPORTATION:  TAB approved

 

WAIVER OF CONDITIONS of a vacation and abandonment requiring right-of-way dedication to include a County approved turn around at the northerly terminus of Rogers Street or vacation to record concurrently with VS-0665-04 (only the part along Rogers Street) in an H-2 (General Highway Frontage) Zone. Generally located on the south side of Blue Diamond Road, 376 feet east of Cameron Street within Enterprise. 

 

Rogers, in this area, is not needed due to the development occurring south of the property.  The development to the south has established a new road pattern for the area.  PC consent agenda item # 24

 

6.   WS-0560-08 – DAVIS, IRMAGARD:   Held by applicant

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) reduce the side yard setback for an existing accessory agricultural building (horse stable); and

2) eliminate required tree plantings along portions of the side and rear yards of the property

 

on 2.2 acres in an R-E (Rural Estates Residential) Zone. Generally located on the west side of Bermuda Road, 620 feet north of Windmill Lane within Enterprise.  PC agenda item # 34

 

7.   WS-0589-08 – SHORT LINE HORIZON, LLC:  TAB approved

 

WAIVER OF DEVELOPMENT STANDARDS for the requirement that a letter be submitted by the party holding interest in an easement to allow improvements within the easement in conjunction with an approved shopping center on 2.0 acres in a C-2 (General Commercial) Zone. Generally located on southwest corner of Fort Apache Road and Longboat Key Avenue within Enterprise. 

 

This is a case of one bureaucracy not accepting the letter from another bureaucracy.  The building department does not consider the letter from the Southern Nevada Water Authority adequate to allow the requested improvements.  So, a waiver is needed to resolve the problem.  The preverbial catch 22.  PC consent agenda item # 26   Companion item TM-0111-08   PC consent agenda item # 27  

 

8.   WS-0609-08 – CIELO’S EDGE, LLC.:  TAB approved with conditions

 

WAIVER OF DEVELOPMENT STANDARDS to reduce driveway throat depth for a commercial shopping center.

 

DESIGN REVIEW for a commercial center which includes 5 commercial buildings and area that will be reserved for future development on 10.4 acres in a C-2 (General Commercial) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community. Generally located on the northeast corner of Buffalo Drive and Cactus Avenue within Enterprise. 

 

The driveway throat depth was a concern of the TAB.  The project is located along two major roadways and will require adequate room for vehicles to turn into the property.  There are no current plans for the northeast corner of the site.  As a result, is hard to estimate the additional traffic it will generate.  The TAB approval was for increased throat depth, or a deceleration lane, for both entrances.  Lighting standards were also added to the project. The same lighting standards were used in item # 1.  PC consent agenda item # 27

 

07/16/08 BCC

 

9.   TA-0567-08 – PETERSON MANAGEMENT, LLC:  TAB denied

 

TEXT AMENDMENT to amend Table 30.44-1, Chapter 30.44 of the Unified Development Code to allow gravel pits in an M-2 (Industrial) Zone.  The TAB felt that gravel pits have an impact beyond the area where they are located and should be restricted to the most rural areas of the county.  It would also make the establishment of new M-2 zone districts harder to establish, given the general public dislike of gravel pits.  BCC afternoon agenda item # 55

 

10. UC-0262-06 (ET-0157-08) – HIGHLANDS RESORT, LLC:  TAB approved

 

USE PERMITS FIRST EXTENSION OF TIME for the following:

 

1) expansion of the Gaming Enterprise District;

2) a resort hotel;

3) resort condominiums;

4) residential condominiums;

5) public areas including all casino areas, showrooms, outdoor dining, live entertainment areas, shopping areas, restaurants, offices, meeting and convention areas, back-of-house areas, and parking garages/structures;

6) associated accessory and incidental commercial uses;

7) increase the height of the towers; and 8) deviations from development standards

 

DEVIATIONS for the following:

 

1) reduce height setback ratio for the condominium towers;

2)  encroachment into airspace; and

3) all other deviations as shown per plans on file.

 

DESIGN REVIEWS for the following:

 

1) a resort hotel consisting of 2 high-rise towers with kitchens in units on a common podium structure;

2) resort and residential high-rise, mid-rise, and low-rise condominium towers with the required pedestrian realm, commercial and open space elements; and

3) all low-rise and mid-rise buildings including other accessory and incidental buildings and structures

 

on 38.1 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District. Generally located on the east side of Las Vegas Boulevard South and the south side of Starr Avenue within Enterprise.  BCC morning consent agenda item # 10

 

11. VS-0607-06 (ET-0151-08) – MOUNTAIN WEST ASSOCIATES, LLC ET AL:  TAB approved

 

VACATE AND ABANDON FIRST EXTENSION OF TIME easements of interest to Clark County located between Pyle Avenue (alignment), and Frias Avenue, and between Lindell Road (alignment) and Duneville Street (alignment), and a portion of right-of-way being Lindell Road located between Pyle Avenue (alignment) and Frias Avenue, and Haleh Avenue located between Lindell Road (alignment) and Duneville Street (alignment) in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).  BCC morning consent agenda item # 11

 

12. UC-0575-08 - SOLEIL LV, LLC:  TAB approved

 

USE PERMITS for the following:

 

1) kitchens within guest rooms;

2) increase building height;  and

3) a Project of Regional Significance.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) increase building height; and

2) allow non-standard driveway access (including reduced throat depth).

 

DESIGN REVIEW for an expansion to a hotel condominium/timeshare development on a portion of 24.2 acres in a C-2 (General Commercial) (AE-60 & AE-65) Zone. Generally located on the east side of Las Vegas Boulevard South and the south side of Arby Avenue within Enterprise. 

 

Project of Regional Significance

For the purposes of this Title 30, “Project of Regional Significance,” as defined in the Policies for Projects of Regional Significance adopted by the Southern Nevada Regional Planning Coalition, means a project that includes any of the following:

 

1. Tentative maps or planned unit developments of 500 units or more;

2. Tourist accommodations of 300 units or more;

3. A commercial or industrial facility generating more than 6,250 average daily vehicle trips, as defined by the Institute of Transportation Engineers or its successor; or

4. A non-residential development encompassing more than 160 acres. (Also see “Use, Special Use”) (Ord. 3357 § BCC morning consent agenda item # 16  Companion item TM-0110-08  BCC morning consent agenda item # 17

 

13. VS-0617-08 – ROCKY-G LIVING TRUST, ET AL:  TAB held to 30 July.  Companion item 16

 

VACATE AND ABANDON a portion of right-of-way being Agate Avenue located between Dean Martin Drive and Interstate 15 in an R-E (Rural Estates Residential) Zone in the MUD-3 Overlay District within Enterprise (description on file). 

 

The Agate right-of-way may be needed for drainage.  Significant drainage runs along the Agate where this vacation is requested.  A drainage study with a public hearing is needed for this part of the project.  BCC morning consent agenda item # 29

 

14. WS-0602-08 – MGROUP VEGAS II, LLC:  TAB approved

 

WAIVER OF DEVELOPMENT STANDARDS for street landscaping.

 

WAIVERS OF CONDITIONS of a zone change (ZC-1393-02) requiring the following:

 

1) storefronts to face streets;

2) undulating berm a minimum of 3 feet in height shall be placed in the landscape buffer; and

3) buildings shall be arranged to screen parking adjacent to the public right-of-way.

 

DESIGN REVIEW for a shopping center on 2.0 acres in a C-2 (General Commercial) Zone. Generally located on the southwest corner of Warm Springs Road and Lindell Road within Enterprise.  BCC morning agenda item # 42

 

15.      ZC-0564-08 – CLARK COUNTY DEPARTMENT OF AVIATION:  TAB approved

 

ZONE CHANGE to reclassify 15.5 acres from R-E (Rural Estates Residential) (AE-65) Zone to P-F (Public Facility) (AE-65) Zone.

 

DESIGN REVIEW for a federal national weather station, monitoring devices, communication equipment with antennas and associated components, security fencing, paving, equipment and fuel for launching operating air balloons with electronic radiosonde instruments. Generally located east of Polaris Avenue (alignment) between Robindale Road and Mesa Verde Lane (alignment) within Enterprise (description on file).  BCC morning consent agenda item # 22

 

16.      ZC-0616-08 – ROCKY-G LIVING TRUST, ET AL:    TAB held to 30 July,  Companion item 13

 

ZONE CHANGE to reclassify 8.4 acres from R-E (Rural Estates Residential) Zone to H-1 (Limited Resort and Apartment) Zone in the MUD-3 Overlay District.

 

USE PERMITS for the following:

 

1) a shopping center; and

2) a Project of Regional Significance.

 

DESIGN REVIEWS for the following:

 

1) a hotel including accessory and incidental uses; and

2) a shopping center.

 

Generally located on the northeast corner of Dean Martin Drive and Agate Avenue within Enterprise (description on file). 

 

This project had considerable negative comment from nearby residents which was in contrast to the applicant’s claim that everyone agreed with the project.  This project has a number of serious considerations that need to be resolved prior it going forward.  The infrastructure, intensity, lighting, grading, drainage, building height and the zone district appropriate to the area all need to be discussed.  BCC morning agenda item # 28

 

PUBLIC COMMENTS:

 

NEXT MEETING DATE:

 

July 30, 2008 (Wednesday) 6:30 p.m.

Location: Enterprise Library, 25 E. Shelbourne Avenue

 

Addition items to be heard by the PC or BCC.  These items were previously heard by the Enterprise TAB or went directly to the PC/BCC.

 

PC CONSENT AGENDA:

None

 

PC AGENDA:

 

33.       WS-0352-08 - PALMER, PHILLIP, ET AL:

HOLDOVER WAIVER OF DEVELOPMENT STANDARDS for a decorative wall along the front property line in conjunction with an existing single family residence on 2.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the northwest corner of Shelbourne Avenue and Hauck Street within Enterprise. BW/jt/dc

 

 

BCC CONSENT AGENDA ITEMS (Morning):

 

15.       MP-0994-07 – RHODES RANCH, G.P.; ET AL:

HOLDOVER MAJOR PROJECT PUBLIC FACILITIES NEEDS ASSESSMENT to address issues of concern to Clark County for a master planned community (Rhodes Ranch) on approximately 1,548.0 acres in various zoning districts.  Generally located on the west side of Durango Drive between the 215 Beltway and Pebble Road within Spring Valley and Enterprise. SB/rk

 

 

BCC AGENDA ITEMS (Morning):

 

            None

BCC (Afternoon):

 

56.       CP-1554-07: Confirmation to the Board of County Commissioners that the Clark County Planning Commission received a report on the changes made by the Board of County Commissioners to the Certified Draft of the Enterprise 2007 Annual Amendment.

61.       ORD-0888-08: That the Board of County Commissioners conduct a public hearing on an ordinance to consider adoption of a Development Agreement with Rhodes Ranch General Partnership, A Nevada General Partnership for a 1,548.0 acre development (Rhodes Ranch Master Planned Community).

An ordinance to adopt the Second Amendment to the Development Agreement with Rhodes Ranch General Partnership, A Nevada General Partnership for an approximate 1,548.0 acre development generally located on the west side of Durango Drive between the 215 Beltway and Pebble Road within the boundaries of the Towns of Spring Valley and Enterprise and providing for other matters properly related thereto.   

62.       DA-0521-08 – RHODES RANCH, G.P.; ET AL:

HOLDOVER DEVELOPMENT AGREEMENT containing outlines, rules, and guidelines for the orderly development for a master planned community (Rhodes Ranch) on approximately 1,548.0 acres in various zoning districts.  Generally located on the west side of Durango Drive between the 215 Beltway and Pebble Road within Spring Valley and Enterprise. SB/rk