ENTERPRISE TAB WATCH

Results October 29, 2008

Planning Commission 7:00 P.M., THURSDAY, November 4, 2008.

Board of County Commissioners 11:00 A.M. and 1:00 P.M., WEDNESDAY, November 5, 2008.

Note: The Board of County Commissioners zoning meeting will start at 11:00 a.m. instead of the normal 9:00 a.m. start time.

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:

Clark County Appeal Form

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

CALL TO ORDER*:

1. Enterprise TAB Budget requests for 2009.

The TAB will make the final decision on the 2009 budget requests at its next meeting on 12 Nov 2008. The items listed below are a summary of the current suggestions.

1. An assistant for Mike Shannon.

2. The overpass at Cactus and the Union Pacific Railroad.

3. A four-way stop or other traffic calming device needs to be installed at Robindale and Gilespie.

4. A four-way stop or other traffic calming device installed at Buffalo and Windmill.

5. A traffic light should be installed at Windmill and Rainbow by the new METRO station

6. A three-way traffic light installed at Pebble and Durango.

7. A traffic light for Shelbourne and Rainbow to come on-line with the proposed new technical high school.

8. Three-way stop signs (or a light) are required at Windmill and Durango so that Windmill traffic can safely enter.

9. Extend the divider on Silverado Ranch east of Las Vegas Blvd.

Announcement:

1. The Enterprise TAB is taking applications for Board Members for 2009.

The closing date for applications is 15 Nov 2008. The application can be found at:

TAB/CAC application

2. Southwest Trails*

The Enterprise Town Advisory Board recommends the SW equestrian trails (CC53) be given priority funding from the current SNPLMA trail funds. This priority, suggested by the TAB, is for first funding the SW RNP trails and crossings. Then, second, fund the equestrian crossing on Warm Springs Rd. for Western Trails Park. The following factors require the funds be directed to Enterprise RNP trails:

- Currently, there are no trails in the SW RNPs. SWAN has worked on this trail plan for six years and provided their own plan to the county.

- As the population increases, SW trails are needed to keep up with the new residents using the RNPs for recreational areas and to give equestrians safe routes to ride on.

- Equestrian/pedestrian crossings on Buffalo and Durango are vital to the safety and effectiveness of the plan and to connect to the county's Blue Diamond Wash trail, west of Durango.

- Equestrian/pedestrian crossing on Warm Springs is vital to resident safety to the north of Western Trails Park.

- The at-grade crossings on Buffalo, Durango and Warm Springs must be completed with the current funding.

- The county trails' staff has stated that SNPLMA funding for our trails should be enough to completely grade and construct the trails and add appropriate signage.

Presentation* and recommendations for the Enterprise TAB to conduct public hearings of how to buffer low density residential next to commercial uses and make recommendations.

This is the second hearing that the TAB has conducted on this issue. One of the ideas presented at the meeting was the development of a transition zone district to be used next to residential areas. Also present was a list of possible commercial uses within that transition district. The discussion on the list revealed that residents would prefer to see commercial operations that do not have a heavy traffic flow. Restaurants were cited as an example as to what not to have in this zone.

The discussion of this item will continue at the next TAB meeting.

PUBLIC COMMENTS:

There is concern about when the paving of Blue Diamond between Rainbow and Durango will be completed. It is possible that the funding for this project has been placed in jeopardy due to the Wachovia lawsuit over FOCUS Kyle Canyon.

The following was presented by SWAN:

SWAN suggests that a program be established to call in retired TAB members when a quorum cannot be achieved. This would allow the TAB workload to flow more smoothly and provide backup for illness or vacations. Since residents invest their time to attend the TAB on issues of interest, they need a recommendation before the item moves forward. Without a quorum, TAB recommendations cannot be made. It could be called the Senior TAB Program, and would eliminate this problem.

HOLDOVER PLANNING & ZONING ITEMS*

1a. WS-0813-08 – RAINBOW SOUTH, LLC: Applicant held until 12 Nov TAB meeting

WAIVER OF DEVELOPMENT STANDARDS to allow excess fill on 4.2 acres in a C-2 (General Commercial) Zone in the MUD-3 and CMA Design Overlay Districts. Generally located on the east side of Rainbow Boulevard and south of Badura Avenue (alignment) within Enterprise. PC consent agenda item # 24

1b. NZC-0862-08 – CASTELLINA CORP. AND GALATIO, MICHAEL J.: Applicant held until 12 Nov TAB meeting

ZONE CHANGE to reclassify 18.5 acres from R-E (Rural Estates Residential) Zone and RUD (Residential Urban Density) Zone to R-4 (Multiple Family Residential- High Density) Zone.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) increase wall height; and

2) eliminate setback for garages next to a drive aisle.

DESIGN REVIEW for an apartment complex. Generally located on the west side of Dean Martin Drive, and north of Irvin Avenue within Enterprise (description on file). PC agenda item # 36

ZONING AGENDA

11/04/08 PC

1. UC-1175-06 (ET-0249-08) – KLAIZNER, JAROSLAV: TAB Approved: Condition change to October 10 2011 to commence

USE PERMIT FIRST EXTENSION OF TIME to review an existing horse barn and other accessory structures prior to construction of the principal use (a single family dwelling) on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the southwest corner of Placid Street and Eldorado Lane within Enterprise. PC consent agenda item # 8

2. VC-1207-06 (ET-0266-08) – OLYMPIA GROUP, LLC : TAB Approved: Per Staff Conditions

VARIANCES SECOND EXTENSION OF TIME to commence the following:

1) reduce the front setback for accessory structures;

2) reduce the separation between structures;

3) increase block wall height; and

4) allow an accessory structure to be constructed prior to a principal structure

on approximately 30.0 acres in an R-2 (Medium density Residential) P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community. Generally located on the north side of Golf Estates Drive (alignment) and the west side of Augusta National Drive within Enterprise (description on file). PC consent agenda item # 11

3. WS-1440-04 (ET-0256-08) – KLAIZNER, JAROSLAV: TAB Approved: Condition change to October 10 2011 to commence

WAIVER OF DEVELOPMENT STANDARDS SECOND EXTENTION OF TIME to commence a reduction in separation between an accessory structure and the principal residence on 2.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the south side of Eldorado Lane and the west side of Placid Street within Enterprise. PC consent agenda item # 9

4. UC-0929-08 – REAL EQUITIES, LLC: TAB Approved

USE PERMIT for a massage establishment within an existing shopping center on a portion of 28.7 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District. Generally located on the northwest corner of Las Vegas Boulevard South and Serene Avenue within Enterprise.

An interesting note is the operator let their Use Permit lapse. The result is they lost grandfather provision of new massage business regulations. This was a 24 hour operation which will now have restricted hours. PC consent agenda item # 17

5. UC-0931-08 – JONES BOULEVARD PARTNERS, LLC: TAB Approved: With conditions Companion item # 13

1. The current landscaping continue around the new addition.

2. Delete the staff condition: Front Building Plain along Jones Boulevard at a maximum

height of 50 feet (for a depth of 25 ft).

3. Lighting not to exceed the height of the screening wall.

USE PERMITS for the following:

1) increase building height up to 50 feet; and

2) increase building height within 600 feet of a residential use.

VARIANCE to increase building height over 50 feet.

DESIGN REVIEW for a proposed 105,000 square foot addition to an existing warehouse and distribution facility on 27.5 acres in an M-D (Designed Manufacturing) Zone and an M-1 (Light Manufacturing) Zone in the Pinnacles Peaks Concept Plan Area. Generally located at the northeast corner of Jones Boulevard and Wigwam Avenue within Enterprise.

This is an addition to an existing warehouse for Southern Wine and Spirits. There was concern by the TAB about the effect of additional height on the neighbors to the west. PC agenda item # 28

6. UC-0938-08 - SOUTHERN HIGHLANDS DEVELOPMENT CORP: TAB Approved

USE PERMITS for the following:

1) a private club (Boys and Girls Club); and

2) modified development standards.

DESIGN REVIEW for a Boys and Girls Club building with associated uses in conjunction with an existing park on a 2.2 acre portion of an 18.0 acre parcel in a P-F (Public Facility) P-C (Planned Community Planned Overlay District) Zone in the Southern Highlands Master Planned Community. Generally located on the east side of Southern Highlands Parkway, 850 feet south of Somerset Hills Avenue within Enterprise.

This request is for the same use as the Boys and Girls Club, as previously approved on this location. There has been an increase in square footage, some additional retaining wall heights, and minor design changes that necessitate this application. The revised plans show a single story, 40 foot high building that has been increased from 21,240 square feet to 23,770 square feet, which is an approximate 12% increase. The building will have a gymnasium, multifunctional kitchen, outdoor playground, and barbeque areas. PC consent agenda item # 18

7. UC-0957-08 – DAVIDSON, JEFF AND LEVEILLE-DAVIDSON, LIZA: TAB Approved

USE PERMITS for the following:

1) allow the square footage of an accessory structure to exceed half the footprint of the principal structure; and

2) allow the cumulative square footage of all accessory structures to exceed the footprint of the principal structure

on 1.1 acres in a R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the west side of Fairfield Avenue, 480 feet south of Eldorado Lane within Enterprise. PC consent agenda item # 19

8. VS-0913-08 – HURLEY, STEVEN AND DONNA M.: TAB Approved

VACATE AND ABANDON a portion of right-of-way being Gomer Road located between Fort Apache Road and Desert Daisy Court (alignment) in a C-1 (Local Business) Zone within Enterprise (description on file).

The right-of-way is approximately 2.5 feet wide. This is required to complete a detached side walk. PC consent agenda item # 20

9. WS-1088-07 – JETT LIVING TRUST: TAB Approved

WAIVER OF DEVELOPMENT STANDARDS to reduce the side yard setback for an addition to a single family residence on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the north side of Moberly Avenue, 150 feet east of Placid Street within Enterprise. PC consent agenda item # 22

10. WS-0922-08 – FAIRFIELD CIMARRON, LLC; ET AL: TAB Approved

WAIVER OF DEVELOPMENT STANDARDS to modify trash enclosure requirements in conjunction with an approved condominium project on 18.5 acres in a C-2 (General Commercial) P-C (Planned Community Overlay District) Zone in the Mountains Edge Master Planned Community. Generally located on the east side of Cimarron Road, 200 feet south of Blue Diamond Road within Enterprise.

PC consent agenda item # 25

11. WS-0937-08 – CACTUS HILLS, LLC: TAB Approved

WAIVER OF DEVELOPMENT STANDARDS to reduce the setback from a street in conjunction with single family residences on 0.2 acres in an R-2 (Medium Density Residential) Zone. Generally located on the southwest corner and the southeast corner of Vicarage Way and Stickney Court within Enterprise.

PC consent agenda item # 26

12. WS-0942-08 – MELDRUM FAMILY TRUST: TAB Approved: With conditions

1. 5 yr review due to the temporary nature of the project

2. Drainage study and compliance

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) street landscaping;

2) parking lot landscaping; and

3) full off-sites (excluding paving).

DESIGN REVIEW for an outside storage yard on 5.0 acres in an M-1 (Light Manufacturing) Zone. Generally located on the northeast corner of Redwood Street and Richmar Avenue within Enterprise.

The applicant stated this property will be used as storage for modular building until a better use is found for the property. The entire area will be paved which could cause significant runoff. The TAB felt a drainage study was required due to the amount of paving to be done. The other temporary projects have been subject to periodic reviews and the TAB felt this is a good practice to continue. PC consent agenda item # 27

13. WT-0950-08 – JONES BOULEVARD PARTNERS, LLC: TAB Approved: Companion item # 5

WAIVER to reduce a driveway throat depth in conjunction with a warehouse and distribution facility on 27.5 acres in an M-D (Designed Manufacturing) Zone and an M-1 (Light Manufacturing) Zone in the Pinnacles Peaks Concept Plan area. Generally located at the northeast corner of Jones Boulevard and Wigwam Avenue within Enterprise.

The driveway is located off of Wigwam Ave which dead ends at the UPRR track just to the east. Wigwam will be used by Southern Wine and Spirits with little other local traffic. PC agenda item # 29

11/05/08 BCC

14. UC-0571-06 (ET-0247-08) – IM. WOLF LLC, ET AL: TAB Approved: with until November 8, 2012 to commence

USE PERMITS FIRST EXTENSION OF TIME to commence the following:

1) expansion/enlargement of the Gaming Enterprise District (GED);

2) a 1,500 room resort hotel;

3) resort condominium units;

4) public areas including casino areas, shopping/retail, showrooms/lounges, restaurants, theaters, convention and meeting areas, recreational areas, outside dining, and live entertainment;

5) increase building heights;

6) all associated back-of-house areas, incidental and accessory buildings, and uses; and

7) deviations to development standards.

DEVIATIONS for the following:

1) reduce on-site parking;

2) reduce the height setback ratio adjacent to a street frontage;

3) permit encroachment into airspace; and

4) permit all other deviations as depicted per plans on file.

DESIGN REVIEWS for the following:

1) a resort hotel with one, 470 foot high-rise tower;

2) resort condominium tower with 720 units; and

3) low and mid-rise buildings and all other associated and incidental buildings

on 23.4 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District. Generally located on the northeast corner of Las Vegas Boulevard South and St. Rose Parkway within Enterprise.

The slowdown in the local economy is delaying the construction of many large projects in the valley. The TAB felt a four year extension would be appropriate due to the number of delayed casino projects. BCC morning consent agenda item # 6

15. WS-0812-08 – J3 DECATUR, LLC: TAB Approved: the Design Review. TAB Denied: the Waivers of Development Standards

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) increased freestanding sign height; and

2) increased sign area.

DESIGN REVIEW a comprehensive sign program in conjunction with a shopping center on 3.1 acres in a C-2 (General Commercial) (AE-60) Zone in the CMA Design Overlay District. Generally located on the north side of the 215 Beltway and the west side of Decatur Boulevard within Enterprise.

The purpose of the CMA Overlay District was to establish a set of site and design standards for this unique, geographic area and achieve a predictable quality of architectural and site design with an emphasis on a unified and enhanced streetscape. One of the most important elements in ensuring enhanced streetscapes, especially along prominent rights-of-way, is signage. Therefore, the development of the overlay district included an emphasis on minimizing the visual impact of on-premise signage.

The Board's intent in adopting the sign height regulations was to also minimize the concentration of vertical massing along the 215 Beltway in order to enhance the visual aesthetics, minimize vehicular distraction, and improve traffic safety. Several requests have been considered by BCC for increased sign height. Six requests have been denied, with a seventh and eighth request being withdrawn prior to the BCC consideration. During the BCC hearing on the prior requests, there was substantial discussion regarding maintaining the intent and integrity of the established standards. There have been several approvals for increased freestanding sign heights, but those individual circumstances were unique and the BCC clearly articulated those circumstances during the public hearings.

The applicant stated they would like to see the sign standard changed to permit taller and larger signs. The TAB opinion is the applicant will have to take any request for a standards change up to the County Commissioners. The TAB agreed with the staff analysis and voted to deny the Waivers of Development Standards. BCC morning agenda item # 30

16. WT-0935-08 – RICHMOND AMERICAN HOMES: TAB Approved with condition of 3 yrs to complete

WAIVER to extend the time limit for an improvement bond in conjunction with a residential subdivision on 20.0 acres in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan area. Generally located on the south side of Windmill Lane and the east side of the Jones Boulevard within Enterprise. BCC morning consent agenda item # 19

17. ZC-0912-08 – BERMUDA BUILDING, LLC: TAB Approved with Zone Change to C-1

1. Trash container to the NW portion of the property.

2. Lighting to comply with current Title 30 lighting standards.

ZONE CHANGE to reclassify 1.9 acres from C-P (Office and Professional) Zone to C-2 (General Commercial) Zone.

DESIGN REVIEW for an office/retail building. Generally located on the southwest corner of Warm Springs Road and Bermuda Road within Enterprise (description on file).

The TAB felt the C-2 zone was too intense for the neighborhood. Tavern and 24-hour operations were opposed by the neighbors. Also, the applicant could not tell the TAB what tenants would require a C-2 zone to operate. With the lack of clarity on tenants and the neighborhood opposition, the TAB concluded C-1 was a better fit for this corner. If this project should fail and the C-2 zone was in place, it could lead to a 24-hour convenience store operation which the neighbors do not want. BCC morning consent agenda item # 21

NEXT MEETING DATE:

November 12, 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:

None

BCC CONSENT AGENDA ITEMS (Morning):

BCC AGENDA ITEMS (Morning):

26. NZC-0982-04 (ET-0334-07) – HURLEY, STEVE &DONNA:

HOLDOVER ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 2.0 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a plant nursery.

USE PERMIT to review outside storage for a plant nursery to be located in front of the building.   Generally located on the north side of Gomer Road and the east side of Fort Apache Road within Enterprise (description on file). SB/sc/dc

BCC (Afternoon):

44. CP-1024-08:

That the Board of County Commissioners conduct a public hearing and approve, adopt and authorize the Chairman to sign a resolution amending the Clark County Transportation Element Map 1.3 to remove Pebble Road from Fort Apache Road to Hualapai Way as a 100 foot arterial and reduce the first 660 feet of Pebble Road west of Fort Apache Road from a 100 foot major arterial to an 80 foot collector.   

51. ORD-1430-08:

That the Board of County Commissioners consider an ordinance to remove the Mixed-Use Overlay District designation from parcel 176-24-501-001; and direct staff accordingly.

An ordinance to amend Title 30, Appendix G. Map 15a, to amend the Mixed-Use Overlay District map: and provide for other matters properly related thereto.

The statements, opinions and observations expressed in this document are solely those of the author. The project descriptions and ordinances are reproduced from publicly available Clark County Records. This document may be freely distributed and reproduced as long as the author’s content is not altered. Additional comments maybe added. Additional comments must be clearly attributed to the author of those comments and published or reproduced with the document. This attribution statement must accompany any distribution of this document.

David D. Chestnut, Sr.