Results December 30, 2008


Planning Commission 7:00 P.M., TUESDAY, January 6, 2009.

Board of county Commissioners 9:00 A.M. and 1:00 P.M., WEDNESDAY, January 7, 2009.


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.





1. Performance Bonds.  TAB continued to 14 Jan 2009 meeting









1a.         ZC-1407-02 (ET-0241-08) – ALL FOR ONE FAMILY TRUST, ET AL:  TAB approved with conditions:


1.   Design Review as a public hearing

2.   No tavern

3.   Intense landscape buffer on the north boundary

4.   In-line buildings on the east boundary to have rear exits restricted to emergency exits only

5.   The Use Permit separation amended from 15 ft to 65 ft with the recommendation to move the restaurant as far as possible from the residences.


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 between a residential use and the on-premise consumption of alcohol to 15 feet where 200 feet is required (a 93% reduction) (previously not notified).


Generally located on the northeast corner of Buffalo Drive and Robindale Road within Enterprise (description on file). 


This item was intensely discussed because the neighborhood has developed around the property since the original zone change was granted.  Residences are on the north and east property lines. A  Church of Latter Day Saints (LDS) was built near the property.  The applicant presented the deed restrictions that were placed upon the property when it was purchased.  These restrictions define what types of business are permitted and require specific design features.  This property is further restricted by Cooperative Management Area (CMA) deed restrictions.


The TAB needed to balance the property owner’s right to develop the property and neighbors’ expectations.  The neighbors are concerned with building placement and the business types that would occupy them.  The LDS representatives are concerned with the sale and use of alcohol on the property.  The property owner wants to establish profitable businesses consistent with the approved zoning.  The TAB felt a tavern use was too intense and the applicant agreed not to build one.  The proposed restaurant has been moved from the east property line to a pad closer to Buffalo Drive.  This increases the distance from the residences from 15 ft to 65 ft.  The TAB would like see it further from the residences. The Design Review will help resolve more of the neighbors’ objections.  BCC morning consent agenda item # 10



01/06/09 PC


1.           UC-1095-08 – CIMINO, PIETRO:  TAB approved Use Permits 1,2, and 4.  TAB denied Use permit 3:  Per staff conditions


USE PERMITS for the following:


1) cumulative area of all accessory structures exceeding the footprint of the principal structure;

2) an accessory structure larger than half the building footprint of the principal structure;

3) an accessory structure not architecturally compatible with the principal structure; and

4) allow alternative roof pitch


on 1.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the east side of Placid Street, 300 feet south of Eldorado Lane within Enterprise.  


The neighborhood was well represented and had several objections to how the owner maintained his property.  The neighbors wanted to insure the new building would blend into the area.  They also wanted the property cleaned up.  Their complaints included a chain link fence not removed after block wall construction, several RVs parked on the property and a continuous garage sale with junk in the front yard.


The TAB felt this type of structure is appropriate for the area.  Use Permit # 3 was denied to insure the structure is compatible with the surrounding area.  Several of the items brought up by the neighbors could be code violations and would need to be handled by public response.  PC consent agenda item # 12


2.        WS-1088-08 – COUNTY OF CLARK (AVIATION), ET AL:   TAB held, no applicant


WAIVER OF DEVELOPMENT STANDARDS to increase perimeter wall heights in conjunction with an existing business and data support services facility within a distribution center on 17.3 acres in an M-D (Designed Manufacturing) Zone in the CMA Design Overlay District. Generally located at the northwest corner of Decatur Boulevard (alignment) and the Union Pacific Railroad within Enterprise.  PC consent agenda item # 17


01/07/09 BCC


3.           DR-1414-06 (ET-0321-08) – SOUTHERN HIGHLANDS CASINO RESORT:  TAB approved




1) redesign of a previously approved resort hotel with a tower consisting of 1,413 units; and

2) all associated accessory and incidental uses, buildings, and structures


on 97.0 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District. Generally located between Las Vegas Boulevard South and Interstate 15, and between Bruner Avenue and St. Rose Parkway within Enterprise.  BCC morning consent agenda item # 4


4.        DR-1013-07 (ET-0322-08) – YARAN, LLC:   TAB approved


DESIGN REVIEW FIRST EXTENSION OF TIME to commence a shopping center on 10.0 acres in a C-2 (General Commercial) Zone in the Pinnacle Peaks Concept Plan area. Generally located on the southeast corner of Rainbow Boulevard and Mardon Avenue within Enterprise.  BCC morning consent agenda item # 9


5.        UC-0577-06 (ET-0170-08) – WALTERS, LARRY R. & MARIETTA:  

TAB approved with 10 year review - replaced staff condition to remove time limit.  All other  staff conditions approved.


HOLDOVER USE PERMIT FIRST EXTENSION OF TIME to review a horse riding/rental stable




1) increase the number of horses; and

2) reduce the lot area.


DESIGN REVIEW for a horse riding/rental stable on 2.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the northwest corner of Cameron Street and Eldorado Lane within Enterprise. 


The staff recommended denial of this extension.  Civil Engineering objected because Eldorado has not been paved as required by the original application approval.  The applicant and the county have been sued by a neighbor over the use of this land as a riding stable.  Until the lawsuit is resolved,  the applicant does not want to expend the funds to pave Eldorado.  The TAB suggested the applicant talk to Civil Engineering about place a covenant on the deed to pave Eldorado when the county fully develops the road. 


The TAB did not like the idea of no review period because the use permit runs with the property.  If the property is sold would the new owner be as diligent in taking care of the property upkeep?  There were ten neighbors present who supported this item.  BCC morning agenda item # 17


6.        WT-1015-07 (ET-0323-08) – YARAN. LLC:   TAB approved


WAIVER FIRST EXTENSION OF TIME to commence modified street improvement standards in conjunction with a proposed commercial/retail center on 10.0 acres in a C-2 (General Commercial) Zone in the Pinnacle Peaks Concept Plan Area. Generally located on the southeast corner of Rainbow Boulevard and Mardon Avenue within Enterprise.  BCC morning consent agenda item # 8


7.        DR-0057-08 (WC-0333-08) - FREEMAN DECORATING SERVICES. INC. ET AL:   TAB approved


WAIVER OF CONDITIONS of a design review to amend requiring landscaping materials and spacing per plans in conjunction with an existing freight terminal and distribution facility on 31.8 acres in an M-D (Designed Manufacturing) (AE-60) Zone and an M-1 (Light Manufacturing) (AE-60) Zone in the MUD-3 and CMA Design Overlay Districts. Generally located on the south side of Sunset Road and the west side of Torrey Pines Drive (alignment) within Enterprise.


The new landscape design is a significant upgrade from the original plans submitted.  BCC morning consent agenda item # 12


8.        WT-1087-08 – TUSCAN CLIFFS. LP:   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 Stonewater Lane and the west side of Southern Highlands Parkway within Enterprise. BCC morning consent agenda item # 13


9.        ZC-0952-08 – DAVIS BROTHERS INVESTMENTS. LTD:   

TAB approved with change to staff condition.  Changed 2 years to review landscaping to landscaping required when Gomer Road is fully improved.


HOLDOVER 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.




1) reduce parking

2) eliminate  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). 


The TAB felt a 2 year landscape review was not appropriate for this industrial area and the deed covenant is a better way to insure the landscaping is eventually put in.  The applicant also stated that Gomer Road would be paved to their eastern boundary.  This will provide access to the property located to the east.  BCC morning consent agenda item # 15






January 14, 2008, 6:30 p.m.

Location: Enterprise Library, 25 E. Shelbourne Avenue




Addition items:

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


The makeup of the Planning Commission changes on January 5, 2009 with the appointment of new members.  Below is the background information for the County Commissioners meeting on January 5, 2009.


·    The term of Charley Johnson (nominated for appointment by Commissioner Tom Collins) will expire on January 1, 2009. Commissioner Tom Collins is recommending the reappointment of Charley Johnson.

·    The term of Wil Watson (nominated for appointment by former Commissioner Yvonne Atkinson Gates) will expire on January 1, 2009. Commissioner Lawrence Weekly is recommending the appointment of Edward Frasier, III.

·    The term of Roland Sansone (nominated for appointment by Commissioner Bruce Woodbury) will expire on January 1, 2009.

·    The term of Doug Malan (nominated for appointment by Commissioner Chip Maxfield) will expire on January 1, 2009.

·    The Board is asked to approve the appointment of four qualified individuals to the Planning Commission for four- year terms ending January 1, 2013.




8.         TM-0197-08 – SOUTHWEST MARKETPLACE:

TENTATIVE MAP for a commercial subdivision on 16.8 acres in a C-2 (General Commercial) Zone in the Pinnacle Peaks Concept Plan area.  Generally located on the northeast corner of Rainbow Boulevard and Windmill Lane within Enterprise. SS/rk/lgp/co

9.         TM-0201-08 – PARCEL 315, UNIT 3D@SOHI:

TENTATIVE MAP consisting of 4 single family residential lots and common lots on 160.9 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 and the east side of Augusta National Drive within Enterprise. SB/mk/lgp/co

11.       TM-0208-08 – WIGWAM CONDOMINIUMS:

TENTATIVE MAP consisting of 264 condominium units on 14.8 acres in an R-3 (Multiple Family Residential) Zone in the MUD-1 Overlay District.  Generally located on the north side of Wigwam Avenue and the west side of Parvin Street within Enterprise. SS/kk/dr















BCC (Afternoon):  will not be heard prior to 1:00 p.m.


34.       UC-1022-08 – KB HOME NEVADA, INC: TAB Denied ; PC Approved

APPEAL 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. SB/rk/lgp/co

PC action:

Major Projects - Planning
• Rear yard setbacks are reduced to 12 feet for lots backing onto perimeter public streets (Le Baron Avenue, Fort Apache Road, and Quarterhorse Lane) and the easement on the northeast corner of the project, with all other lots maintaining a 15 foot rear yard setback;
• All applicable standard conditions for this application type. 
• Applicant is advised that any change in circumstances or regulations may be justification for the denial of an extension of time; and that this application must commence within 2 years of approval date or it will expire.


TAB comments: 


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. 


35.       AG-1756-08:

That the Board of County Commissioners discuss the Planning Commission meetings and direct staff accordingly.  


As part of the continuing County-wide effort to reduce costs, it is being proposed to reduce the number of Planning Commission (PC) meetings from four per month to two per month. There has been a significant decrease in the number of new applications resulting in shorter meeting times. Cost savings will come from reduced overtime, Planning Commission honorarium, notification costs, and food. This savings is estimated to be $12,000 per year. There may be additional savings in other departments such as Development Services, Public Information, and Real Property Management.

The Planning Commission currently meets on the first and third Tuesdays and Thursdays of each month. Staff is proposing to meet on Thursday for the following reasons:

1.         By combining the meetings, they will now be approximately four hours long. With the meeting time currently starting at 7:00 p.m., this means the meetings may not end until 11:00 p.m. Some staff members work Tuesday night and then have to work the Board of County Commissioner meeting the next morning.

2.         It allows staff more time to prepare for the meeting.

There is a request for the PC meeting to occur on Tuesday night so that it does not conflict with the City of Las Vegas Planning Commission meeting which occurs on Thursday night.

As a result of the combining the meetings, staff is also proposing to move the start time of the meeting from 7:00 p.m. to 6:00 p.m.

There has also been a request by Commissioner Guinchigliani to have the meetings televised live. The County Commissioners have received a summary of the associated costs and issues.




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.