ENTERPRISE TAB WATCH

 

Results January 14, 2009

 

Planning Commission 7:00 P.M., Tuesday, January 20, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, January 21, 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.

 

           

CALL TO ORDER*:

 

1.  Approve the Agenda with any corrections, deletions or changes.

2.  Approve the Minutes for the meeting held on December 30, 2008.

3.  Introduction of Board Members  New TAB member   Jason Andoscia

4.  Elect a Chairman and Vice Chairman 

 

         David Chestnut – Chair     Frank J. Kapriva – Vice-chair

                                                           

PUBLIC COMMENTS:

 

No Public comments

 

 

01/20/09 PC

 

1.     DR-1035-08 – MITRANI, MICHAEL REVOCABLE TRUST, ET AL:  TAB Approved with conditions:

1.   Move the trash container to the west side of the property.

2.   If parking light poles are required, they should not be more than 15 feet high.

 

DESIGN REVIEW for an office/warehouse complex on 2.2 acres in an M-1 (Light Manufacturing) Zone.  Generally located on the southwest corner of Camero Avenue and Duneville Street within Enterprise.

 

Residents east of this project are concerned with the amount of light that may spill over onto their property.  The new Title 30 requires shielded light to be used.  However, it does not require the use of 15 ft light poles.  The placement of the trash container will help avoid the 5 a.m. trash pickup noise.  The applicant agreed to the TAB conditions.  Companion Item # 7 PC consent agenda item # 15

 

2.     WT-1335-07 (ET-0349-08) – SOUTHERN HIGHLANDS DEVELOPMENT CORP:  TAB Approved per staff conditions

 

WAIVER FIRST EXTENSION OF TIME to commence early grading in conjunction with a proposed private club (Boys and Girls Club) 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.  PC consent agenda item # 5

 

3.     UC-0628-08 – SIMON, MICHAEL W.:  TAB Approved per staff conditions

 

USE PERMIT to allow a communications tower and associated ground equipment in the C-P Zoning District.

 

DESIGN REVIEW for a communications tower and associated ground equipment in conjunction with an existing veterinary clinic a portion of 0.7 acres in a C-P (Office and Professional) (AE-65) Zone.  Generally located on the north side of Warm Springs Road, 177 feet east of Windy Street within Enterprise.  PC consent agenda item # 7

 

4.     UC-0723-08 – VALLEY VIEW WINDMILL, LLC:  Indefinite hold by the applicant, this item will have to 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 # 28

 

5.     UC-1115-08 – SOUTH MARYLAND PLAZA, LLC:  TAB Approved

 

USE PERMIT to allow packaged liquor sales as the principal use not in conjunction with a grocery store on a portion of 1.3 acres in a C-1 (Local Business) Zone in the MUD-4 Overlay District.  Generally located on the northeast corner of Maryland Parkway and Levi Avenue within Enterprise. 

 

This item was supported by 248 resident signatures on a petition.  It is interesting to note how the residents opinion has changed since the original application.  The resident had opposed this center when the Design Review was reviewed by the TAB.    PC consent agenda item # 8

 

6.     VS-1065-08 – VARGAS, ANGEL:  Held by applicant to 28 Jan 2009

 

HOLDOVER 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 consent agenda item # 12

 

7.     VS-1130-08 - MITRANI, MICHAEL REVOCABLE TRUST, ET AL:  TAB Approved

 

VACATE AND ABANDON easements of interest to Clark County located between Jones Boulevard and the Union Pacific Railroad, and between Camero Avenue and Wigwam Avenue, and portions of a right-of-way being Camero Avenue located between Jones Boulevard and the Union Pacific Railroad, and Duneville Street located between Camero Avenue and Wigwam Avenue in an M-1 (Light Manufacturing) Zone within Enterprise (description on file).  Companion Item # 1 PC consent agenda item # 14

 

8.     WS-0813-08 – RAINBOW SOUTH, LLC:  TAB Approved

 

HOLDOVER AMENDED 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 # 20

 

9.     WS-1127-08 – MELDRUM FAMILY TRUST:  TAB Approved per staff conditions

 

WAIVER OF DEVELOPMENT STANDARDS to allow alternative roof pitch.

 

DESIGN REVIEW for a modular office building 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. 

 

One staff condition is a 5 year review due to the temporary nature of this project.  PC consent agenda item # 22

 

10.   WS-1146-08 – DURANGO DIAMOND TRAILS, LLC:  TAB Approved with Current Planning.  First condition replace with: Sign is not to be illuminated.

 

WAIVER OF DEVELOPMENT STANDARDS to allow a wall sign to face residential development in conjunction with a previously approved shopping center 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. 

 

The placement of the Tire Works building was a very contentious item when the Design Review was before the TAB due to the residence directly to the east.  The TAB felt this type of business should not be placed adjacent to residential property. Clark County Public Response Office violation #08 - 21498 was filed against this property regarding light shining onto neighboring properties.  And the issue with the sign was discovered during the inspection.  The TAB opinion is that an illuminated sign is not appropriate in its current location.  The sign would be visible without illumination during business hours which were restricted to 7 a.m. to 6 p.m. by the BCC (ZC-1362-06).  PC consent agenda item # 26

 

11.   WT-1121-08 – YARAN, LLC:  TAB Approved

 

WAIVER to modify street improvement standards 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. 

 

The original driveway location was found to be over an underground utility vault.  The movement of the driveway does not impact traffic flow or the project design.  PC consent agenda item # 27

 

01/21/09 BCC

 

12.   DR-1123-08 – WARMINGTON BLUE DIAMOND ASSOCIATES, LP:  TAB Approved per staff conditions

 

DESIGN REVIEW for pad site and building modifications of a mixed-use development consisting of residential condominiums, retail uses, associated open space, recreational uses, and pedestrian realm areas on 16.1 acres in a U-V (Urban Village-Mixed Use) Zone in the MUD-4 Overlay District.  Generally located on the northeast corner of Buffalo Drive and Blue Diamond Road within Enterprise.

 

This is one of the best MUD projects in Enterprise.  It has a commercial component that exceeds most projects.  This Design Review increases the commercial space from 36,901 sq ft to 43,488 sq ft and maintains the approved project design.  The build out pattern for this project is putting in the commercial first, and the residential at a later date.  BCC morning consent agenda item # 4

 

13.   UC-0484-06 (ET-0353-08) – STARDUST TOWERS, LLC:  TAB Approved

 

USE PERMIT FIRST EXTENSION OF TIME to commence a resort condominium development.

 

DESIGN REVIEW for a resort condominium development consisting of a mid-rise building with a 3 level parking structure and all associated accessory and incidental uses and structures on 3.6 acres in an H-1 (Limited Resort and Apartment District) Zone in the MUD-4 Overlay District.  Generally located on the east side of Giles Street, 420 feet north of Pebble Road within Enterprise.  BCC morning consent agenda item # 6

 

14.   UC-1427-06 (ET-0335-08) – KAFOURY ARMSTRONG AND CO. PROFIT SHARING PLAN AND TRUST, ET AL:  TAB Approved

 

USE PERMITS FIRST EXTENSION OF TIME to commence the following: 

 

1) re-establish a planned unit development; and

2) allow townhouses on 5.0 acres in an RUD (Residential Urban Density) Zone. 

 

Generally located on the northwest corner of Neal Avenue and Fairfield Avenue within Enterprise.  BCC morning consent agenda item # 8

 

15.   UC-1426-07 (ET-0354-08) – CHURCH DEBREMIHRET ST. MICHAEL, ET AL:  TAB held until 28 Jan 2009 with applicants’ approval.

 

USE PERMIT FIRST EXTENSION OF TIME to commence and review a place of worship.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) permit a place of worship that takes access from a local street (Ullom Drive);

2) screening of roof mounted equipment;

3) trash enclosure;

4) allow non-commercial curb cuts; and

5) allow a place of worship to not have access from a collector or arterial street.

 

DESIGN REVIEW to convert an existing residence to a place of worship with a rectory on 1.3 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the south side of Robindale Road and the east side of Ullom Drive within Enterprise. 

 

The original plans depicted a two-story, 4,232 square foot residence to be converted to a place of

worship on the first floor with a rectory on the second floor and an adjacent vacant lot to the

south to be used as a parking lot. On the original approval, the use permit for the place of

worship, the design review, and several waivers of development standards were approved.

However, waivers of development standards for off-site improvements and landscaping were denied.   The applicant states the potential cost of providing those improvements kept the place of

worship from moving forward with any improvements. The applicant further states that the size of the congregation has grown and with the growth, funding has improved.  The Board of Directors of the place of worship have decided to move ahead with plans for a new building in addition to the existing building on the site. Therefore, the applicant is requesting a two year extension of time in order to get the new plans finalized.

 

During the TAB hearing, several health and safety items were presented.   First, the health department requires the septic be abandoned and the property hooked up to sewer.  Second, the church does not have a place of assembly designation from the county.  Third, code enforcement has issued a cease and desist order to be enforced by 4 Feb 2009.  The TAB wants to see progress on resolving these problems before making a decision on this application.  Companion Item # 20  BCC morning agenda item # 26

 

16.   WS-0322-07 (ET-0346-08) – ZARNAM, LLC:  TAB Approved

 

WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence reduced parking.

 

DESIGN REVIEW for an office building on 2.0 acres in a C-P (Office and Professional) Zone.  Generally located on the southwest corner of Silverado Ranch Boulevard and Placid Street within Enterprise.  BCC morning consent agenda item # 9

 

17.   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 R-E (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 # 11

 

18.   ZC-1398-05 (ET-0341-08) – PRADO ATTACHED HOMES, LLC:  TAB Approved

 

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 5.2 acres from R-E (Rural Estates Residential) Zone to U-V (Urban Village - Mixed Use) Zone.

 

USE PERMITS for the following:

 

1) increase height; and

2) allow a density bonus.

 

DESIGN REVIEW for a mixed-use development in the MUD-3 and CMA Design Overlay Districts.  Generally located on the east side of Torrey Pines Drive and the north side of Capovilla Avenue within Enterprise (description on file).  BCC morning consent agenda item # 12

 

19.   WS-1126-08 – CH ANGELUS I, II, III, AND IV LLC ET AL:  TAB deferred this item to 28 Jan 2009 meeting

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) reduced parking; and

2) increased wall height.

 

WAIVERS OF CONDITIONS of zone changes (ZC-1721-05) and (ZC-0314-05) requiring that all commercial buildings on the property shall be limited to a maximum height of 35 feet inclusive of architectural features.

 

DESIGN REVIEW for a cemetery and accessory uses on 20.0 acres in a C-2 (General Commercial) Zone.  Generally located on the south side of Warm Springs Road, the north side of Eldorado Lane, and the east side of Buffalo Drive within Enterprise. 

 

This item was not properly noticed to the surrounding property owners.  The BCC meeting date for this item is changed to 4 Feb 2009.  The county staff opinion is the TAB could hear the item and not be in violation of the Nevada Open Meeting Law.  However, the TAB felt this deviated from past practice and the proper notices needed to be made prior to any hearing.  BCC morning consent agenda item # 17 (application cannot be heard due to the problems with the public notice.)

 

20.   WS-1147-08 – CHURCH DEBREMIHREY, ET AL:  TAB Held until 28 Jan 2009

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) eliminate landscaping;

2) allow non-decorative walls;

3) allow unpaved parking; and

4) reduce driveway throat depth.

 

WAIVER OF CONDITIONS of a use permit (UC-1426-07) requiring the construction of full off-sites on 1.3 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the southeast corner of Robindale Road and Ullom Drive within Enterprise. 

 

See item #15 for comments.  Companion Item # 15  BCC morning agenda item # 27

 

NEXT MEETING DATE:                 

 

January 28, 2009  6:30 p.m. 

Location:  Enterprise Library, 25 E. Shelbourne Avenue,

     Las Vegas Blvd. South

 

2009 Enterprise TAB schedule



January 14, 2009
January 28, 2009
February 11, 2009
February, 25, 2009   

March 11, 2009
April 1, 2009
April 15, 2009
April 29, 2009
May 13, 2009
May 27, 2009
Jun 10, 2009

Jul 1, 2009      

Jul 14, 2009

Jul 29, 2009

Aug 12, 2009

Aug 26, 2009

Sep 9, 2009

Sep 30, 2009

Oct 14, 2009

Oct 28, 2009

Nov 10, 2009 Tuesday

Nov 24, 2009 Tuesday

Dec 9, 2009

Dec 30, 2009


 

 

Additional 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):

 

 

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.

HOLDOVER 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. SS/dk/dr

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.  The applicant has delayed the BCC hearing to obtain the FAA decision on building height.

 

23.       ZC-0964-08 – GRAGSON BUFFALO WINDMILL, ET AL:  TAB/CAC: Enterprise Town Board – approval of the zone change; and denial of the use permits and design review.

AMENDED 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 (no longer needed).

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) (no longer needed).

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

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 (no longer needed).

7.       Reduce the separation from a car wash to a residential use to 75 feet where 200 feet is the standard (a 63% reduction) (no longer needed).

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). SS/kk/nd

 

 

This application has changed significantly since the Enterprise TAB hearing.  The current design has not been reviewed by the residents or the TAB.  This is a case of the developer changing the plans after the initial public review and holding the item long enough to diminish the opposition.  Also, the staff recommendation has changed from denial to approval.  The zone change should be approved and the design review sent back to the TAB.

Comments from the November TAB hearing:

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 of alcohol without special license hearings.

 

 

 

BCC AGENDA ITEMS (Morning):

34.       ZC-1111-08 - VARIOUS:

ZONE CHANGE to reclassify approximately 207.0 acres from R-E (Rural Estates Residential) (AE-60) (AE-65) Zone to R-E (Rural Estates Residential) (AE-60) (AE-65) (RNP-I) Zone to establish a Residential Neighborhood Preservation Overlay District in the CMA Design Overlay District.  Generally located on the north and south sides of Patrick Lane and the east and west sides of Lindell Road within Spring Valley (description on file). RR/al/mm 

 

 

 

BCC (Afternoon):

NONE

 

 

The statements, opinions and observations expressed in this document are solely those of the author.  The opinions stated in this document are not the official position of any government board.  The project descriptions, ordinances board/commission results are reproduced from publicly available Clark County Records or public meetings. 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.