Results February 11, 2009

Planning Commission 7:00 P.M., Tuesday, February 17, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, February 18, 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. Approve 2009 — 2010 By-Laws.

The by-laws were held until the 25 Feb 2009 TAB meeting as there are ongoing discussions at the county on some by-law provisions.  Two additions to the Enterprise TAB By-Laws were suggested.

1.The Secretary may, at the option of each board member, distribute the previous meeting minutes via e-mail.

2.The Chair or Vice-Chair will coordinate with the Secretary to insure board results and reasoning are accurately reported.

2. Appoint two representatives for the Comprehensive Planning Steering Committee

David Chestnut and J. Dapper were appointed

3. Appoint volunteers for a committee to make recommendations on how to buffer low to medium density residential next to more dense uses throughout Enterprise

The TAB approved the formation of the Residential Buffering sub-committee.  An initial list of volunteers for the committee was created.  If anyone is interested in working on this committee, contact the TAB chair, at 592-5840. An initial meeting and all subsequent meetings will be publicly noticed for all interested parties.  Officers will be elected at that time.

4. Presentation and recommendations regarding performance bonds

Robert Thompson, Assistant Director of the Department of Development Services, Civil Engineering Division, gave a presentation on performance bonds.  After questions from the Board Members and the audience, the TAB continued the discussion to the 25 Feb 2009 meeting.



02/17/09 PC


VARIANCES THIRD EXTENSION OF TIME to review a parking reduction for a private recreation facility including a golf course, mini-golf course, driving range, baseball field, batting cages, video arcade, go-cart track, clubhouse, pavilion, and various related structures and activities on 65.0 acres in an H-1 (Limited Resort and Apartment) (AE-65, AE-70, AE-75 and AE-RPZ) Zone. Generally located on the east side of Las Vegas Boulevard South and the south side of Sunset Road within Enterprise.  PC consent agenda item # 9

2.  UC-0033-09 — MARNELL PROPERTIES II, LLC:  TAB Approved:  with the following conditions changed:

·   Limited to 20 wolf hybrids; strike condition for GPS collars. 

·   Limited to 5 horses.

·   Applicant to work with Current Planning and Animal Control on technology for monitoring animals.

USE PERMITS for the following:

1) exotic animals (wolf hybrids); and

2) allow an accessory agricultural large animal (horse).


1) increase fence height;

2) permit a chain link fence in the front yard; and

3) eliminate landscaping.

DESIGN REVIEW for an exotic animals (wolf hybrids) facility in conjunction with a proposed single family residence on 4.1 acres in an R-T (Manufactured Home Residential) Zone. Generally located on the east side of Gilespie Street and the south side of Volunteer Boulevard (alignment) within Enterprise. 

The applicants are a part of a rescue group for wolf hybrids.  Their facility in Nye County takes in animals that have been severely injured.  Once rehabilitated, the animals would not be able to survive in the wild due to the extent of their injuries.  The TAB feels this is a very worthy endeavor.  The one TAB objective was to provide for additional animal rescues within the constraints of the proposed facility.  After a discussion with the applicant about space requirements for the wolf hybrids and horses, the numbers in the TAB condition were determined. As more of the property becomes available, additional capacity may be added with a new application.

The waivers of development standards are reasonable given the two year review period.  The external chain link fence could be replaced with a brick wall in the future as the surrounding area develops.  The landscaping could be added during a future review of this applicationThe additional wall height is appropriate for this property use.  PC agenda item # 24

3.       VS-0007-09 — MDDNE, LLC:  TAB Approved

VACATE AND ABANDON easements of interest to Clark County located between Fort Apache Road and Brampton Street, and between Windmill Lane (alignment) and Long Boat Key Avenue (alignment) in a C-2 (General Commercial) Zone within Enterprise (description on file).  PC consent agenda item # 16

4.       VS-0032-09 - CORONADO LAND, LLC: TAB Approved

VACATE AND ABANDON a public drainage easement of interest to Clark County located between Placid Street and La Cienega Street, and the north and south sides of Arby Avenue (alignment) in an M-D (Designed Manufacturing) Zone within Enterprise (description on file).  PC consent agenda item # 19

02/18/09 BCC

5.       ZC-1929-05 (ET-0002-09) — RAINBOW AND WARM SPRINGS, LLC: No applicant: Held until 11 Mar 2009 TAB meeting

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 15.4 acres from C-2 (General Commercial) Zone to U-V (Urban Village - Mixed Use) Zone for a mixed-use development in the MUD-3 and CMA Design Overlay Districts.

DESIGN REVIEW for a mixed-use development consisting of 479 residential units within low-rise buildings, with the required commercial and open space/residential elements. Generally located on the northwest corner of Warm Springs Road and Redwood Street within Enterprise (description on file).  BCC morning consent agenda item # 10

6.       ZC-0964-08 — GRAGSON BUFFALO WINDMILL, ET AL: TAB approved the following:

1.     Zone Change to C-1

2.     Use Permits 1 thru 7

3.     Design Review

TAB Denied

1.     Use Permits 8 thru 10

TAB added the following conditions:

1.     Design Review as a public hearing for lighting and signage.

2.     Trash containers to be moved in front of the building to the north and east.

3.     Access to the rear of the building facing residents as emergency exits only.

4.     Any speaker/squawk boxes to face away from the residents

HOLDOVER AMENDED 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) a supper club (no longer needed);

2) reduce the separation from supper club to a residential use (no longer needed);

3) a convenience store;

4) reduce the separation from a convenience store to a residential use;

5) reduce the setback from a convenience store to section line street;

6) a car wash (no longer needed);

7) reduce separation from a car wash to a residential use (no longer needed);

8) a service station;

9) reduce the separation from a service station to a residential use; and

10) reduce the setback from a service station to section line street.

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). 

This application was heard by the TAB in early November with 10 Use Permits requested.  After the TAB hearing, the applicant significantly revised the site plans and the application was returned to the TAB for an additional hearing.  The zone change is conforming and appropriate to the area.  The convenience store and the service station require Special Use Permits in a C-1 zone.  The intent of the Special Use Permit is to closely examine if the requested use really fits in the area.  See the note below for the Title 30 definition for Special Use Permits.  The TAB felt the convenience store was sufficiently shielded from the residences by the in-line retail to grant the Special Use Permit.  The TAB did not consider the service station an appropriate use in this location as the use is too intense for the neighborhood. 

The placement of the in-line building was discussed with the residents to the west with pros and cons of a drive aisle behind the building.  The TAB felt the drive aisle provided some additional buffering space to the residences to the west.  The condition for emergency exits only on the rear of the in-line building would provide some additional protection for the residents. 

Note:  “Special Use” means a use that, due to a special characteristic of its operation or installation, is not permitted in any specific district but is permitted with discretion in a district subject to review by the Commission or the Board to ensure compatibility with existing or planned surrounding uses and characteristics of development.   BCC morning consent agenda item # 15

7.       UC-1426-07 (ET-0354-08) — CHURCH DEBREMIHRET ST. MICHAEL, ET AL:  

          TAB Approved per staff conditions 

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


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.

 This item and #8 are companion items. 

The TAB would like to see the congregation be able to use their facility as soon as possible.  However, that use must comply with all county health, safety and development standards before services can resume.  The staff conditions address the TAB concerns and provide a timetable to move forward.

As of 1 Feb 2009, the congregation is under a cease and desist order for all non-residential activities until a Certificate of Occupancy is issued.  The TAB clarified the following with the applicant:

·   The congregation has submitted plans to bring the building up to code. 

·   Approval of the Use Permit is required before the building plans, tied to the Certificate of Occupancy, can move forward. 

·   The health and safety items must be complied with before the building is used for services again. 

·   The congregation must determine how they will use the property.  Their options include: (1) construction of additional buildings; (2) bulldoze existing buildings and start over; or (3) move to a new site. 

·   A phased plan for full development of the site shall be provided within six months.

·   The phased plan should be presented to the TAB when developed.

BCC morning agenda item # 18

8.       WS-1147-08 — CHURCH DEBREMIHREY, ET AL:  TAB approved per staff conditions:

          Wavier of Development Standards 3 and 4 were withdrawn by the applicant.


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.

This item is linked to item 7.  The TAB felt the staff conditions would move this project forward and insure the health and safety items would be complied with before services can be held in the church again.  The following staff conditions apply to this application.

Current Planning

·     Phased plan for full development of the site is to be submitted to Current Planning as a design review as a public hearing within 6 months from approval indicating parking, landscaping and decorative walls as required by Title 30;

·     All applicable standard conditions for this application type.

·     Applicant is advised that approval of this application does not constitute or imply approval of any other County issued permit, license or approval; compliance with Southern Nevada Health District regulations are required; and that any change in circumstances or regulation may be justification for the denial of an extension of time.

Civil Engineering

·     Compliance with UC-1426-07 (ET-0354-08);

·     Remove first 2 parking spaces from each driveway;

·     All driveway locations and construction to be approved by Clark County Development Services Traffic Engineers;

·     Remove any parking and/or parking striping from Ullom Drive and post “No Parking” signs on Ullom Drive and Robindale Road. 

The waiver for full off-sites was denied in UC-1426-07.  The applicant is moving forward to install the required off-sites.  One issue not discussed is the use of Non-Urban Road Design Standards.  This property is located inside the RNP-1 overlay.  The surrounding properties will not construct full off-sites at this time.  Ullom should be developed using the Non-Urban Road design standards and require additional paving width to accommodate parking and additional traffic.  Robindale could be constructed with full off sites or additional paving width and lead ins provided.  Additionally, a covenant executed for full off sites, if needed, in the future.  This solution has been used in Spring Valley UC-0044-08 April 10, 2008. BCC morning agenda item # 19



February 25, 2009 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue

Las Vegas Blvd. South


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.







11.       UC-1055-08 – STRIP REAL ESTATE ONE, LLC, ET AL:

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



20.       WS-1126-08 – CH ANGELUS I, II, III, AND IV, LLC, ET AL:


1) reduced parking; and

2) increased wall height.

WAIVER 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. SS/mc/nd

TAB Denied with condition.

   1.  If approved, the Waiver of Conditions be applied to the chapel design only.

This was the most contentious item of the night.  There was strong resident/developer opposition to using the property as a cemetery.  There were no residents in favor of this plan.  The arguments against applications were the residents felt their property values would be degraded more by a cemetery than a business complex.  The design of the chapel was too high and bulky. Finally, some residents did not like the idea of living next to a cemetery.  During the discussion, the residents stated they thought a commercial center was a better property use.  The TAB questioned this view.  The residents stated that convenience store, gas station, car wash, tavern and other C-2 uses were acceptable alternatives.  The question is what would the resident opposition be if these uses were proposed on this property.

One TAB member felt strongly that the previous approval of C-2 zoning was based upon a commercial center and the current proposed use was too drastic of a change from the project which created the zoning.

The other TAB concern was removing the Waiver of Conditions (ZC-1721-05 and ZC-0314-05, December 05) restricting the building height to 35 ft.  It was confirmed by the staff member present that this waiver would remove the restriction from the original zone change.  If this project is approved and then not built, the next project could go to 50 ft if the Waiver of Conditions is approved as stated.  The TAB recommended the 35 ft restriction be kept in place and if necessary grant the additional chapel height for this application only. 

BCC (Afternoon):

27.       WS-1146-08 – DURANGO DIAMOND TRAILS, LLC:

APPEAL 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. SS/mh/mh


This item has been appealed by the applicant who does not concur with the conditions of the reduced hours of sign illumination and shutting off at 9:00 p.m. as imposed by the Planning Commission.

TAB Approved with current planning first condition replace with: Sign is not to be illuminated.

The placement of the Tire Works building was a very contentious item when the Design Review was before the TAB.  The TAB has felt that this type of business should not be place 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 an illuminate sign is not appropriate in its current location.  The sign would be visible without illumination during the business hours which were restricted to 7 a.m. to 6 p.m. by the BCC (ZC-1362-06).


Current Planning
• 1 year to commence and review;
• Sign to be illuminated only during daytime hours per Title 30 (
6:00 a.m. to 9:00 p.m.);
• 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. 

28.       AG-0149-09:

That the Board of County Commissioners discuss possible revisions to the notification process with respect to property or home owners associations; and direct staff accordingly.

SPONSOR: Commissioner Sisolak


Currently, the City of Las Vegas, Henderson and North Las Vegas have provisions in their development codes which allow a registered property or home owners' association to register to receive notification of land use applications within a specified radius for specific land use applications.

Provisions could be included within Title 30 to allow for the same opportunity within unincorporated Clark County

29.       AG-0151-09:

That the Board of County Commissioners discuss whether to establish provisions to increase in the number of dogs or cats allowed within unincorporated Clark County subject to conditions; and direct staff accordingly.

SPONSOR: Commissioner Collins


Currently within unincorporated Clark County no more than three dogs or cats are allowed. Under certain circumstances, however, it may be appropriate for a pet rescue to operate within rural residential districts only, subject to all Clark County Animal Control regulations as a special use, thereby allowing more than three dogs or cats. Some specific conditions would require all animals to be sterilized (unless expressly approved by the Board), no sale of pets and adhering to the number of pets approved by the Board.

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. 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.