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:

 

 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.

 

 

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

 

 

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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

 

 

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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

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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. 

 

54.       TA-0538-08 – G.C. GARCIA:

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.