ENTERPRISE TAB WATCH

ENTERPRISE TAB WATCH

Results November 25, 2008

Planning Commission 7:00 P.M., THURSDAY, December 2, 2008.

Board of county Commissioners 9:00 A.M. and 1:00 P.M., WEDNESDAY, December 3, 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:

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.

Announcement:

1. 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. Held until 10 Dec 2008

PUBLIC COMMENTS:

1. The use of a residence as a school was presented to the TAB. The resident’s statement indicated the lack of action by various agencies within the county and the state. The following statement was made to the TAB:

“According to an investigation by the Clark County Health District on August 25, 2008, a group of people, calling themselves Montessori Home School Community, a co-op, are renting a residential home from Roger Milton (the property owner) and operating a school from the location, 10745 Rancho Destino.”

The TAB has placed this item on the agenda for 10 Dec 2008 to continue the discussion and make recommendations, if required.

2. There is concern about how performance bonds are pursued by the county. The TAB placed this as a discussion and recommendation item on the 10 Dec 2008 agenda.

ZONING AGENDA

12/02/08 PC

1. UC-1303-06 (ET-0290-08) — SIRAN-LOUGHERY, KAREN AND LOUGHERY, GEOFF: TAB APPROVED with the condition for a 10 yr review

USE PERMIT FIRST EXTENSION OF TIME to commence and review a recreational facility (equestrian riding services).

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) landscape buffer and wall;

2) trash enclosure;

3) paving of on-site parking;

4) off-site improvements (excluding paving); and

5) permit access to a residential local street.

DESIGN REVIEW for a recreational facility on 1.2 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the north side of Mesa Verde Lane, 275 feet west of Bermuda Road within Enterprise.

The Use Permit is attached to the land and not the applicant. To make the Use Permit permanent would allow any recreational facility to be developed on this property if the current owner sells. The property is used for therapeutic equestrian riding services for school age children with special needs, a much needed service in the community. The TAB felt that a ten year review would allow the property owners to recover their investment and allow the county to insure a say if the use changes. PC consent agenda item # 5

2. UC-1001-08 — BHATIA, DHARAM AND SINGH, MANHOHN: TAB APPROVED

USE PERMIT for financial services on a portion of 1.2 acres in an H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-2 Overlay District. Generally located on the east side of Las Vegas Boulevard South, 450 feet south of Warm Springs Road within Enterprise. PC consent agenda item # 10

3. UC-1022-08 — KB HOME NEVADA, INC: TAB Denied

USE PERMIT for revised setback in conjunction with a planned unit development on 40.0 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Mountain's Edge Master Planned Community. Generally located on the northeast corner of Mountains Edge Parkway and Fort Apache Road within Enterprise.

This revision allows a reduction in the rear yard setback from 15 feet to 10 feet. Not all the lots within the development need a reduction in the rear setback. However, one of the previously approved floor plans does not fit onto every lot located within Sterling Ridge.

Several residents objected to the reduction of the rear yard setback. Individuals who bought into this development expected to have a 15 ft back yard and 30 ft to the back of the house next to them. This change may allow the developer to sell additional houses. However, the current residents may not have purchased their houses with a reduced setback. The reduced set back was viewed as a determent to the community. PC consent agenda item # 12

4. UC-1037-08 — SILVERADO RANCH CENTRE, LLC: TAB APPROVED

USE PERMIT for reduced separation between communications towers.

DESIGN REVIEW for a communications tower and associated equipment on a portion of 9.3 acres in a C-2 (General Commercial) Zone. Generally located on the southwest corner of Maryland Parkway and Silverado Ranch Boulevard within Enterprise. PC consent agenda item # 13

5. VC-1032-08 — LAND DEVELOPMENT, INC: TAB APPROVED

VARIANCE to allow a reduction in the rear yard setbacks on 27.5 acres in an R-2 (Medium Density Residential) Zone in conjunction with a single family residential subdivision in the Pinnacle Peaks Concept Plan Area. Generally located on the south side of Windmill Lane and the east side of Jones Boulevard within Enterprise.

The plans depict an approved single family residential subdivision consisting of 235 units. The applicant is requesting this variance due to the introduction of 2 new floor plans with an optional balcony to be offered to potential customers. The existing required setback is 20 feet, and the applicant is requesting to reduce the setback to 15 feet in order to accommodate the balcony.

The TAB felt that residents would still have the use of all the backyard as originally planned.

PC consent agenda item # 14

6. VS-1025-08 - WASATCH AVENUE LLC: TAB APPROVED

VACATE AND ABANDON easements of interest to Clark County located between Huntington Cove Parkway and Ford Avenue, and between Fort Apache Road and Grand Canyon Drive, and portion of a right-of-way being Wigwam Avenue located between Fort Apache Road and Grand Canyon Drive in an R-E (Rural Estates Residential) Zone, an R-2 (Medium Density Residential) Zone, and an R-3 Multiple Family Residential) P-C (Planned Community Overlay) Zone in the Rhodes Ranch Master Planned Community within Spring Valley and Enterprise (description on file). PC consent agenda item # 16

7. WS-1007-08 — WOODSIDE PEBBLE CREEK, LLC: TAB APPROVED

WAIVER OF DEVELOPMENT STANDARDS for reduced setback in conjunction with a single family residence on 0.1 acres in an R-2 (Medium Density Residential) Zone. Generally located on the northeast corner of Stallings Street and Piper Down Avenue within Enterprise.

This setback is for 6 inches and does not materially affect the property or the neighborhood. PC consent agenda item # 19

8. WS-1031-08 — CASTLEBAY 1, INC: TAB APPROVED

WAIVER OF DEVELOPMENT STANDARDS for reduced rear setbacks on 8.9 acres in an R-2 (Medium Density Residential) Zone. Generally located on the north and south sides of Camero Avenue, east of Decatur Boulevard within Enterprise.

The applicant is requesting to allow a rear yard setback reduction from 15 feet to 13 feet 6 inches for optional balconies. The TAB felt that residents would still have the use of all the backyard as originally planned. PC consent agenda item # 20

12/03/08 BCC

9. DR-1036-08 — CHELSEA LAS VEGAS HOLDINGS, LLC: TAB APPROVED with the conditions for a traffic study and compliance with emphasis on traffic flow, cab and bus queuing.

DESIGN REVIEW for an addition to and remodel of an existing shopping mall on 49.8 acres in an H-1 (Limited Resort and Apartment) Zone and an H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-1 and MUD-2 Overlay Districts. Generally located on the southeast corner of Las Vegas Boulevard South and Warm Springs Road within Enterprise.

This project is an addition to and spruce up of the Las Vegas Outlet Center. The new façade and colors will enhance the property. The TAB has a concern with the traffic flow on the west side of the building. There can be a cab queue of 25 to 35 vehicles on a busy day. The TAB felt this was not adequately addressed on the current plans. The TAB, also, had concerns with some of the new parking areas that did not have a circular flow. The TAB also requested the building lighting on the east side be updated to the current county standards. This lighting was not covered by the current application and, as a result, could only be a suggestion to the building owner. BCC morning consent agenda item # 6

10. UC-1418-06 (ET-0291-08) — RICHMOND LIMITED PARTNERSHIP: TAB APPROVED

USE PERMIT FIRST EXTENSION OF TIME to commence reduced setbacks to a convenience store.

DESIGN REVIEW for a tavern, convenience store with gasoline pumps and a car wash, and retail shops on a portion of 4.1 acres in a C-2 (General Commercial) (AE-60) Zone. Generally located on the northwest corner of St. Rose Parkway and Maryland Parkway within Enterprise. BCC morning consent agenda item # 9

11. UC-0973-08 — FIVE ACRE PARCEL INVESTOR, LLC: TAB APPROVED per staff conditions

USE PERMITS for the following:

1) retail center;

2) convenience store;

3) reduce the setback from a convenience store to a residential use;

4) reduce the setback from a service station to a residential use;

5) reduce the separation from an automobile maintenance facility to a residential use;

6) reduce the separation from an automobile repair facility to a residential use; and

7) permit overhead doors to face a public street.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) alternative street landscaping;

2) non-standard commercial driveway access and separations.

WAIVERS OF CONDITIONS of a zone change (ZC-0269-05) requiring a minimum 10 foot wide landscaping along rights-of-way; and of a zone change (ZC-1584-98) requiring the following:

1) no loading areas adjacent to or visible from Ford Avenue;

2) no loading docks within 100 feet of a residential use;

3) on-site lighting to consist of low-sodium, inward directed features to be included in each design review;

4) A-1 landscaping along all major street frontages;

5) B-2 landscaping along minor street frontages;

6) A-2 landscape buffer adjacent to any existing residential developments;

7) master studies to address the entire 91 acre development prior to the issuance of any permits or subdivision mapping, whichever occurs first; and

8) 30 feet for Ford Avenue west of Edmond Street and a portion of a knuckle at Edmond Street.

DESIGN REVIEW for a retail center with a convenience store, service station, and auto repair facility on 4.3 acres in an M-D (Designed Manufacturing) Zone in the MUD-3 Overlay District. Generally located on the north side of Blue Diamond Road and the west and east sides of Edmond Street within Enterprise.

Many of the Waivers of Conditions are a result of previous BCC conditions for a defunct project on this property. The applicant presented pictures from another project as an example of the building design for this project. The staff recommended a design review as a public hearing due to the lack of specific plans on file with the county. The TAB agreed with this assessment by the staff. BCC morning consent agenda item # 10

12. WT-0992-08 — AMERICAN WEST DEVELOPMENT: TAB APPROVED

WAIVER to extend the time limit for an improvement bond on approximately 1.7 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 south side of Royal Scots Avenue, 200 feet east of Southern Highlands Parkway within Enterprise. BCC morning consent agenda item # 19

13. WT-0993-08 — AMERICAN WEST DEVELOPMENT: TAB APPROVED

WAIVER to extend the time limit of an off-site improvement bond in conjunction with a residential subdivision in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area. Generally located on the south side Robindale Road, 660 feet west of Torrey Pines within Enterprise. BCC morning consent agenda item # 20

14. WT-0994-08 — AMERICAN WEST DEVELOPMENT: TAB APPROVED

WAIVER to extend the time limit of an off-site improvement bond in conjunction with a residential subdivision in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area. Generally located on the south side Robindale Road, 330 feet west of Torrey Pines within Enterprise. BCC morning consent agenda item # 21

15. WT-0995-08 — AMERICAN WEST DEVELOPMENT: TAB APPROVED

16. WT-0996-08 — AMERICAN WEST DEVELOPMENT: TAB APPROVED

WAIVER to extend the time limit of an off-site improvement bond in conjunction with a residential subdivision in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area. Generally located on the south side Robindale Road, 800 feet east of Rainbow Boulevard within Enterprise. BCC morning consent agenda item # 23

17. WT-0997-08 — CHRISTOPHER HOMES II LLC: TAB APPROVED

WAIVER to extend the time limit for an improvement bond in conjunction with a residential subdivision 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 Dancing Wind Place and the west side of Southern Highlands Parkway within Enterprise. BCC morning consent agenda item # 24

18. ZC-0952-08 — DAVIS BROTHERS INVESTMENTS, LTD: TAB Held, no applicant

ZONE CHANGE to reclassify 5.1 acres from M-1 (Light Manufacturing) Zone and R-E (Rural Estates Residential) Zone to M-1 (Light Manufacturing) Zone

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) reduce parking

2) reduce landscaping; and

3) off-site improvements (excluding paving).

DESIGN REVIEW for an equipment storage facility. Generally located on the south side of Gomer Road, 315 feet east of Redwood Street (alignment) within Enterprise (description on file).

A question was raised by an adjacent property owner about the need for a turn-around at the east side of Gomer. BCC morning consent agenda item # 27

19. ZC-1039-08 — USA: TAB APPROVED

ZONE CHANGE to reclassify 2.5 acres from H-2 (General Highway Frontage) Zone in a MUD-3 Overlay District to R-E (Rural Estates Residential) Zone with a Residential Neighborhood Preservation Overlay District I (RNP-I) designation. Generally located on the southeast corner of Lindell Road and Pebble Road within Enterprise (description on file).

This item is the result of 18 months work by the neighborhood. The neighbors wanted to prevent incompatible uses before a project was proposed. The change to remove commercial uses from the property required the following steps:

1.The Enterprise Land Use Plan needed to be changed from Commercial Neighborhood to Rural Neighborhood Preservation land use.

2.The Mixed-Use-Development overlay needed to be removed.

3.The state imposed H-2 zone district needed to be changed to RE.

4.The RNP-1 overlay be applied to the property.

The neighborhood was concerned about how the county had designated this property. The concern was the property could be developed as commercial with as little as 10 ft separation to a 35 ft high building. It has established residential on three sides. Two of the those sides are current in the RNP-1 overlay and this piece will square off the corner.

BCC morning agenda item # 44

NEXT MEETING DATE:

December 10, 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:

8. TM-0183-08 – OLYMPIA RIDGE (SEC 7) @ SOHI PHASE 2:

TENTATIVE MAP consisting of 93 single family residential lots and common lots on 305.9 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay) Zone in the Southern Highlands Master Planned Community. Generally located on the south side of Golf Estates Drive, 1,000 feet west of Southern Highlands Parkway within Enterprise. SB/mk/lgp/co

9. TM-0190-08 – DURANGO DIAMOND TRAILS:

TENTATIVE MAP for a commercial subdivision on 6.6 acres in a C-2 (General Commercial) Zone in the MUD-4 Overlay District. Generally located on the northeast corner of Blue Diamond Road and Durango Drive within Enterprise. BW/mh/mh

PC AGENDA:

None

BCC CONSENT AGENDA ITEMS (Morning):

7. 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

25. UC-0909-08 – R&S ST ROSE, LLC: TAB Approved with condition for public design review for lighting and signage. The TAB added a note of concern about amount of traffic this project will generate and the lack of effective mass transportation.

HOLDOVER USE PERMITS for the following:

1) a High Impact Project;

2) a mixed-use development including residential condominiums, hotel rooms, retail, commercial, and accessory and incidental uses; and

3) increase building height.

DESIGN REVIEWS for the following:

1) a mixed-use development consisting of residential, commercial and required open space; and

2) manmade decorative water features

on 38.1 acres in a U-V (Urban Village - Mixed Use) Zone in the MUD-3 Overlay District. Generally located on the north side of St. Rose Parkway and the east side of Spencer Street within Enterprise. BW/dk/es

One of the three key elements required for MUD to work is effective mass transportation. The transportation element to make MUD work is an above or below ground mass transportation system. The increased population in the MUD developed areas will choke the road system. Busses, in any form, require roads and will become snarled in the auto traffic. Currently, there are no plans within Clark County to build an above or below ground transportation system.

26. 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.

HOLDOVER 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). BW/gc/dr

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 AGENDA ITEMS (Morning):

42. ZC-0964-08 – GRAGSON BUFFALO WINDMILL, ET AL:

HOLDOVER ZONE CHANGE to reclassify 4.0 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone.

USE PERMITS for the following:

1. Allow a supper club in a C-1 zone where not permitted by right. C-2 use

2. Reduce the separation from a supper club to a residential use to 65 feet where 200 feet is the standard (a 67.5% reduction).

3. Allow a convenience store in a C-1 zone where not permitted by right. C-2 use

4. Reduce the separation from a convenience store to a residential use to 184 feet where 200 feet is the standard (an 8% reduction).

5. Reduce the setback from a convenience store to a section line street (Buffalo Drive) to 15 feet where 30 feet is the standard (a 50% reduction).

6. Allow a car wash in a C-1 zone where not permitted by right. C-2 use

7. Reduce the separation from a car wash to a residential use to 75 feet where 200 feet is the standard (a 63% reduction).

8. Allow a service station in a C-1 zone where not permitted by right. C-2 use

9. Reduce the separation from a service station to a residential use to 184 feet where 200 feet is the standard (an 8% reduction).

10. Reduce the setback from a service station to a section line street (Buffalo Drive) to 15 feet where 30 feet is the standard (a 50% reduction).

DESIGN REVIEW for a shopping center. Generally located on the west side of Buffalo Drive and the south side of Windmill Lane within Enterprise (description on file). BW/kk/nd

The TAB granted the zone change because it was a conforming zone change and there was insufficient reason for denial.

“where not permitted by right” This statement means this business is not authorized in the zone district being applied for. The county development standards (Title 30) has tables that specify what business types can be placed in each zone district. This allows for the orderly development of the community.

This application should have been submitted as a non-conforming zone change. Four of the five uses are not allowed in a C-1 zone district (see above). They are C-2 zone district uses. The applicant stated that they looked at the neighborhood needs to determine the type of business for this property. This does not provide justification to allow businesses that are not permitted in the C-1 zone district. There are too many setback reductions with this application, especially next to a residential neighborhood. Also, there is a church within a thousand feet that would restrict the serving a alcohol without special license hearings.

BCC (Afternoon):

51. VC-0842-08 – RHODES RANCH, G.P.:

HOLDOVER APPEAL VARIANCES for the following:

1) allow more than one sign per street frontage; and

2) increase the allowable square footage for signage.

DESIGN REVIEW for an entry sign for a master planned community on approximately 13.8 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Rhodes Ranch Master Planned Community. Generally located on the northwest corner of Durango Drive and Rhodes Ranch Parkway within Spring Valley. SB/rk/lgp/co

61. ORD-1545-08:

That the Board of county Commissioners conduct a public hearing on an ordinance to consider adoption of a Standard Development Agreement with Windmill Durango, LP for a commercial development (Durango Commons Office Park).

An ordinance to adopt a Standard Development Agreement with Windmill Durango, LP for a proposed commercial development generally located on the south side of Windmill Lane, 660 feet east of Durango Drive located within the Northwest quarter (NW1/4) of Section 16, Township 22 South, Range 60 East within the boundaries of the Town of Enterprise and providing for other matters properly related thereto.

62. ORD-1551-08:

That the Board of County Commissioners conduct a public hearing on an ordinance to consider adoption of a Standard Development Agreement with Parvez Mehdiabadi and Rouhiyeh Najmi for a commercial development (Rainbow Trails).

An ordinance to adopt a Standard Development Agreement with Parvez Mehdiabadi and Rouhiyeh Najmi for a proposed commercial development generally located on the southwest corner of Rainbow Boulevard and Santoli Avenue within the Southeast quarter (SE1/4) of Section 10, Township 22 South, Range 60 East within the boundaries of the Town of Enterprise and providing 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.