ENTERPRISE TAB WATCH
Results December 10, 2008
Planning Commission 7:00 P.M., THURSDAY, December
16, 2008.
Board of county Commissioners 9:00 A.M. and 1:00
P.M., WEDNESDAY, December 17, 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:
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.
Enterprise
Town Advisory Board
AGENDA
Date:
December 10, 2008 Time: 6:30 p.m.
Location:
Enterprise Library, 25 E. Shelbourne Avenue
NOTE: The
end of December TAB meeting will be on Tuesday 30 Dec, 2008
All items listed
on the agenda are for action by the Enterprise Town Advisory Board unless
otherwise noted. Action may consist of any of the following: recommend
approval, recommend denial, and recommend conditions of approval hold or table.
OPENING: Pledge of Allegiance.
CALL TO ORDER*:
1. Approve the Agenda with any corrections,
deletions or changes.
2. Approve the Minutes for the meeting held on
November 25, 2008.
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 14 Jan
2009 The new TAB will decide what to do with this
item.
PUBLIC COMMENTS:
1. The use of a residence as a school was
presented to the TAB on 25 Nov 2008. 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.”
Update: This property now has two enforcement actions
be taken against it by the county.
12/16/08 PC
1. UC-0723-08 — VALLEY VIEW WINDMILL,
LLC: Held by applicant until 14 Jan 2009 and will be renoticed.
HOLDOVER USE PERMITS for the
following:
1) an expansion/enlargement of the Gaming Enterprise
District;
2) a resort hotel consisting of 343 hotel rooms;
3) public areas including all casino, retail, restaurant,
bar/lounge, live entertainment, indoor and outdoor dining, convention and
back-of-house areas, and a parking garage;
4) associated accessory and incidental commercial uses,
buildings, and structures; and
5) deviations from development standards.
DEVIATIONS for the
following:
1) reduce parking; and
2) all other deviations as shown per plans on file.
DESIGN REVIEWS for the following:
1) a resort hotel; and
2) all other accessory and incidental buildings and
structures
on 5.0 acres in
an H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-2 Overlay
District. Generally located on the
northeast corner of Valley View Boulevard and Windmill Lane (alignment) within
Enterprise. PC agenda item # 26
2. UC-1069-08 — USA: TAB approved
USE PERMIT to reduce the
separation from a communications tower to a residential use. (226.5
ft where 232.5 ft is required, a 2.6% reduction)
DESIGN REVIEW for a
communications tower on a portion of 315.0 acres in an R-E (Rural Estates
Residential) Zone. Generally located 1,600
feet south of Erie Avenue (alignment), 1,200 feet west of Starr Hills Avenue within
Enterprise.
The
applicant needs to add about a foot and a half to the top of the current
pole. One of the antenna arrays is
bigger than expected. The array above it
needs additional separation to prevent interference, which means additional
pole height. That means a Use Permit is
required. PC
agenda item # 14
.
3. VS-0978-08 — WIK, VERA REBECCA TAB approved
HOLDOVER VACATE AND ABANDON easements of
interest to Clark County located between
Ford Avenue and Cougar Avenue, and between Pioneer Avenue (alignment) and Monte
Cristo Way in an R-E (Rural Estates Residential) (RNILI) Zone within
Enterprise (description on file). PC
agenda item # 16
4. VS-1049-08 — HKM NEVADA PROPERTIES,
LLC: TAB approved per staff conditions
VACATE AND ABANDON easements of
interest to Clark County located
between Neal Avenue and St. Rose Parkway, and between Fairfield Street
(alignment) and Bermuda Road (alignment) in a C-2 (General Commercial) Zone
within Enterprise (description on file).
PC agenda item # 17
5. VS-1065-08 — VARGAS, ANGEL: TAB held no applicant
VACATE AND ABANDON easements of
interest to Clark County located
between Blue Diamond Road and Camero Avenue (alignment), and between Hinson
Street and Valley View Boulevard in an C-2 (General Commercial) (AE-60)
Zone in the MUD-2 Overlay District within Enterprise (description on file). PC agenda item # 19
6. WS-0813-08 — RAINBOW SOUTH, LLC: TAB held no applicant
AMENDED HOLDOVER 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 agenda item # 21
7. WS-1056-08 — VENTO, CARMINE AND ANN: TAB approved
WAIVERS OF DEVELOPMENT STANDARDS for the
following:
1) allow non-standard improvements within the right-of-way;
and
2) eliminate street landscaping
in conjunction
with a single family residential subdivision on 3.6 acres in an R-E (Rural
Estates Residential) (RNP-I) Zone. Generally located
on the south side of Wigwam Avenue and the east side of Fairfield Avenue within
Enterprise. PC
agenda item # 22
8. NZC-0862-08 — CASTELLINA CORP. AND
GALATIO, MICHAEL J.: Withdrawn by the applicant
HOLDOVER 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 # 32
12/17/08 BCC
9. UC-1413-06 (ET-0302-08) — GRAHAM,
ALEXANDER: TAB approved
USE PERMIT FIRST EXTENSION OF TIME to commence the
reduction in setback from an on- premise consumption of alcohol establishment
to a residential use.
WAIVERS OF DEVELOPMENT STANDARDS for the
following:
1) reduce landscaping along the north property line;
2) eliminate landscaping along the west property line; and
3) temporarily waive off-site improvements (curb, gutter, and
sidewalk).
DESIGN REVIEW for a shopping
center and a tavern on 1.6 acres in a C-2 (General Commercial) Zone in the
MUD-3 Overlay District. Generally located on the
north side of Blue Diamond Road and the east side of Tee Pee Lane (alignment) within Enterprise.
The
first extension of time is routinely granted unless there have been very
significant changes around the property. BCC morning consent agenda item # 19
10. UC-1419-06 (ET-0309-08) — TOMAHAWK,
LLC: TAB approved
USE PERMITS FIRST EXTENSION OF TIME to commence the
following:
1) resort condominiums; and
2) increase building height
on 3.6 acres in
an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.
Generally located on the east side of
Interstate 15 and the south side of Starr Avenue (alignment) within
Enterprise. BCC
morning consent agenda item # 20
11. ZC-1393-02 (ET-0308-08) — MGROUP VEGAS
II, LLC: TAB approved
ZONE CHANGE SECOND EXTENSION OF TIME to reclassify
2.1 acres from R-E (Rural Estates Residential) Zone to C-2 (General Commercial)
Zone for a commercial center.
USE PERMIT to reduce the
separation between on-premise consumption of alcohol (tavern) and a residential
use. Generally located on the
southwest corner of Warm Springs Road and Lindell Road within
Enterprise (description on file). BCC
morning consent agenda item # 23
12. ZC-1407-02 (ET-0241-08) — ALL FOR ONE
FAMILY TRUST, ET AL: The applicant agreed to hold this item
until 30 Dec 2008 TAB meeting
HOLDOVER AMENDED ZONE CHANGE SECOND
EXTENSION OF TIME to reclassify 4.0 acres from R-E (Rural Estates
Residential) Zone to C-2 (General Commercial) Zone to construct a shopping
center.
USE PERMIT to reduce the
separation required between a residential use and on-premise consumption of
alcohol (previously not notified). Generally located
on the northeast corner of Buffalo Drive and Robindale Road within
Enterprise (description on file).
This
is a very controversial item. Since the
original zone change, a church and housing development have been built near or
along side of this property. There are several questions that the TAB has asked
the staff to resolve prior to the TAB recommendation. The Church of Latter Day Saints and the
homeowners’ association are opposed to the Use Permit. Scheduled
for
BCC on 7 Jan 2009
13. ZC-1029-03 (ET-0271-08) — SOUTHWEST
INVESTMENT AND MGMT, ET AL: TAB held no applicant
HOLDOVER ZONE CHANGE SECOND EXTENSION OF
TIME to reclassify 2.5 acres from RE (Rural Estates Residential) Zone
to C-P (Office and Professional) Zone and C-1 (Local Business) Zone for a
commercial center. Generally located on
the south side of Cougar Avenue (alignment), 300 feet east of Rainbow Boulevard within
Enterprise (description on file). BCC morning consent
agenda item # 25
14. UC-1055-08 — STRIP REAL ESTATE ONE,
LLC, ET AL: TAB approved with conditions:
1. Signage
and lighting Design Review as a public hearing.
2. Applicant
will abide by FAA building height recommendations
3. The
applicant will brief the TAB on the traffic plan.
USE PERMITS for the
following:
1) a High Impact Project;
2) a resort hotel with 300 hotel rooms;
3) increase building heights;
4) public areas including all casino, retail, restaurant,
meeting and convention center areas, back-of-house areas, and parking
structures;
5) associated accessory and incidental commercial uses,
buildings, and structures; and
6) deviations to development standards.
DEVIATIONS for the
following:
1) reduce on-site parking and loading spaces;
2) allow alternative means of access for accessory uses in
conjunction with a resort hotel;
3) encroachment into airspace; and
4) all other deviations as shown per plans on file.
DESIGN REVIEWS for the
following:
1) a resort hotel/casino with a mid-rise tower; and
2) all other accessory and incidental buildings and structures
for a resort
hotel project on 15.0 acres in an H-1 (Limited Resort and Apartment) (AE-65)
(AE-70) Zone. Generally located on the
west side of Las Vegas Boulevard South and the north side of Arby Avenue
(alignment) within Enterprise.
This is a very
nice upscale project that will add to the area.
There are TAB concerns about the traffic flow on and off Las Vegas Blvd
as there is significant congestion in the area now. The other two concerns were how the lighting
would affect arriving aircraft and the height of the building vs. the aircraft
flight path. The project is located approximately
5000 ft from the end of McCarran runway 01R & L. There is a need to protect the approach and
departure paths for the airport. BCC
morning consent agenda item # 27
NEXT MEETING DATE:
December 30, 2008 (Tuesday)
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:
10. TM-0195-08 – FT APACHE RETAIL CENTER:
TENTATIVE MAP for a commercial subdivision on 10.0 acres in a C-2 (General Commercial) Zone. Generally located on the northwest corner of Fort Apache Road and Longboat Key Avenue within Enterprise. SB/ar/nd
PC AGENDA: NONE
BCC CONSENT AGENDA ITEMS (Morning): NONE
BCC AGENDA ITEMS (Morning):
43. 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):
53. WS-0976-08 – WORLDMARK THE CLUB:
APPEAL WAIVER OF DEVELOPMENT STANDARDS to allow non-standard commercial driveway access (reduced throat depth) from an arterial street (Las Vegas Boulevard South).
DESIGN
REVIEW for a guard shack on 15.0
acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay
District. Generally located on the southwest corner of Las Vegas Boulevard
South and Wigwam Avenue within Enterprise. BW/dk/dr
TAB Approved with an additional
condition-the guard building will be removed if Las Vegas Blvd is built out to
the full right-of-way.
The
staff was concerned with the throat depth if Las Vegas Blvd was fully built
out. This would leave less than 10 feet
of driveway. The applicant suggested a
solution which became the additional condition for this application.
AMENDED
TEXT AMENDMENT to amend Table
30.44-1, Chapter 30.44 of the Unified Development Code to allow bed and
breakfast (previously requested as a senior hostel) as a use within the County. Ab PC Action – Approved
Staff Recommendation Denial.
TAB
Denied
Title 30 specifically prohibits transient commercial use of
residential development for remuneration in all residential zoning districts,
or in any miscellaneous zoning district. A Bed and Breakfast would be a transient commercial use of a single family home. The requested change would establish a use
that would be considered transient in nature and should be classified as a
hotel, motel, or other similar use. Those uses are allowed in C-2, M-D, M-1, U-V,
and H-1 zones. Allowing this use will undermine the provision in the
code prohibiting transient commercial use in areas designated for residential use. This type of transient use, Bed and Breakfast, within a residential urban
area would be disruptive to the residential character of the
neighborhood. Currently, the
stipulation that a Bed and Breakfast is allowed only within Community District
5 was to allow for services in rural areas where there are no hotels or motels
and demand is much lower. The intensity of hotels or motels in the rural areas
is not desirable. The Bed and Breakfast provision in Community District 5 is seen
as a way to provide services where there are none currently. This text
amendment would allow for the potential of Bed and Breakfast within the R-E
zoning district for the entire County.
The TAB felt this Text Amendment would hinder
the control of short term party house rentals.
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.