ENTERPRISE TAB WATCH

ENTERPRISE TAB WATCH

Results, February 25, 2009

Planning Commission 7:00 P.M., Tuesday, March 3, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, March 4, 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*:

3. Approve the 2009 —2011 Bylaws

Approved with the two noted additions:

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.

4. Discuss and approve procedure to conduct hearings for the Enterprise Land Use Plan

The TAB authorized the Chair to forward a letter to the Clark County commissioners with recommended hearing dates, grouping of applications by geographic area and hearing dates for geographically grouped items. This motion is the result of meetings with the county commissioners, county staff, and a public hearing with review by the TAB. A summary of the discussion and the TAB recommendation is Attachment #1 to this TAB Watch.

5. Presentation on how to buffer low to medium residential next to more dense uses

The TAB appointed two additional members to the committee: John Hiatt and Tony Timmons.

Set the date for the first meeting.

Date: March 5, 2009

Location: Enterprise Library, 25 E. Shelbourne Avenue

Time: 6:30 p.m.

6. Recommendation regarding Performance Bonds

This item is continued.

PUBLIC COMMENTS:

None

ZONING AGENDA

03/03/09 PC

1. DR-0050-09 — GUSICK, HEATHER M., ET AL: TAB Approved per staff conditions

DESIGN REVIEWS for the following:

1) a residential conversion;

2) a daycare center site; and

3) a pre-school site

on 1.0 acre in an R-E (Rural Estates Residential) Zone. Generally located on the west side of Decatur Boulevard. 150 feet north of Oleta Avenue within Enterprise.

This item is a design change from a previously approved plan. One TAB concern is the placement of the outdoor play areas next to future residential property. The property to the west is currently undeveloped. The anticipated use will be 5 days a week during daylight hours which would limit the potential effects on the residential property to the west. The use of an existing residence will serve as a good transition to the RNP-1 to the west, yet it limits the play yard placement. PC consent agenda item # 3

2. UC-0205-02 (ET-0024-09) — PIAZZA LLC: TAB Approved per staff conditions

USE PERMIT SECOND EXTENSION OF TIME to review live entertainment in conjunction with a restaurant.

WAIVER OF DEVELOPMENT STANDARDS to reduce the separation requirements for outdoor live entertainment in conjunction with a restaurant within a shopping center on 4.4 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District. Generally located on the southeast corner of Las Vegas Boulevard South and Robindale Road within Enterprise.

The Bootlegger is a long-established, well run restaurant. The staff condition eliminates the review requirement for this Waiver of Development Standards. Given the location and the excellent record of this restaurant, the limitation of the review is warranted. PC consent agenda item # 4

3. UC-0042-09 — BHATIA, DHARAM: TAB Approved per staff conditions

USE PERMIT for a check cashing facility on a portion of 1.2 acres in an H-I (Limited Resort and Apartment) (AE-60) Zone in the MUD-2 Overlay District. Generally located on the east side of Las Vegas Boulevard South, 500 feet south of Warm Springs Road within Enterprise. PC consent agenda item # 10

4. UC-0059-09 — LANDERO, REYNALDO: TAB Approved per staff condition with 1 year review

Note: must have HOA approval

USE PERMIT for a home private school (piano lessons) in conjunction with a single family residence on 0.2 acres in an R-2 (Medium Density Residential) P-C (Planned Community) Zone in the Southern Highlands Master Planned Community. Generally located on the south side of Bernini Drive and the west side of Visconti Way within Enterprise.

The one year review will give the TAB a good indication if the student drop off, operating hours and sound levels are problems for the neighbors. PC consent agenda item # 11

5. UC-0075-09 — PRADO ATTACHED HOMES, LLC: TAB Approved/Denied

Denied Use Permit #1: Density denial based upon cumulative negative effect of mixed-use development on county public services and schools in the immediate area. TAB recommended the previously approved density of 188 units be used for the project.

Approved Use Permit #2

Denied Design Review: based on denial of Use Permit #1

USE PERMITS for the following:

1) increase density; and

2) reduce the setback from a single family residential use.

DESIGN REVIEW for mixed-use development on 5.2 acres in a U-V (Urban Village - Mixed Use) Zone 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.

This item was discussed extensively by the TAB. The TAB has been very concerned with MUD development in Enterprise. This project reflects many of those concerns. The following is a summary of our discussion.

·The cumulative effect of five MUD projects in the area has added 1100+ residential units on 35 acres of land planned for commercial use. This is equal in residential units to the Nevada Trails development.

·MUD projects are primarily high density residential. MUD residents will have to travel to work, shopping, etc., increasing vehicle use.

·Where will the businesses that provide jobs be created?

·The county does not have cost recovery mechanisms in place for services required by this level of development. Each project is below the current point that additional agreements are needed.

·The grocery store density bonus is not enforceable by the county. The TAB has recommend it be eliminated.

·The CMA was designated to help avoid the hazards of aircraft overflight, noise and crashes.

·CMA deed-restricted land prohibits residential uses.

·The School District does not have plans for additional schools. Current schools are at or over capacity.

·The five year plan for the RTC does not show any bus routes in this area.

The applicant’s elevations did not accurately reflect the project design. Specifically, the placement of the commercial elements of the MUD project were not shown.

PC consent agenda item # 13

6. VS-0052-09 — CLARK COUNTY: TAB Approved per staff conditions

VACATE AND ABANDON a portion of right-of-way being LeBaron Avenue between Jones Boulevard and Torrey Pines Drive (alignment) in a P-F (Public Facility) Zone. an R-E (Rural Estates) Zone. and an M-1 (Industrial) Zone within Enterprise (description on file) PC consent agenda item # 16

03/04/09 BCC

7. UC-0081-09 — TURNBERRY CENTRA SUB, LLC: TAB Approved per staff conditions

USE PERMIT for outside service bars/taverns in conjunction with a shopping center (Town Square) on 93.1 acres in an 14-1 (Limited Resort and Apartment) (AE-65, AE-70 & AE-75) Zone. Generally located on the south side of Sunset Road and the west side of Las Vegas Boulevard South within Enterprise. BCC morning consent agenda item # 8

8. VS-0062-08 — CREEL FAMILY TRUST: TAB Approved Companion item # 16

VACATE AND ABANDON easements of interest to Clark County located at the southwest corner of Mountains Edge Parkway and Juliano Road and portions of rights-of-way being Juliano Road located between Mountains Edge Parkway and Haleh Avenue and being Haleh Avenue between El Capitan Way and Juliano Road and being a portion of Mountains Edge Parkway between El Capitan Way and Juliano Road in an R-2 (Medium Density Residential) Zone within Enterprise (description on file). See item # 16 for discussion. BCC morning consent agenda item # 19

9. WT-0044-09 — SECTION 7, LLC: 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) Zone and a P-C (Planned Community Overlay District) Zone in Olympia Ridge (Section 7) of the Southern Highlands Master Planned Community. Generally located on the south side of Golf Estates Drive, 1,200 feet west of Southern Highlands Parkway within Enterprise.

Items 9 through 15 are all in Southern Highlands. The bonded construction is well underway and in most cases is awaiting final approval by the county before the bond is released. The county staff has reviewed the bonds and determined they are sufficient to complete the work. BCC morning consent agenda item # 10

10. WT-0045-09 — SOUTHERN HIGHLANDS DEVELOPMENT CORPORATION: 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) Zone and a P-C (Planned Community Overlay District) Zone in Lot 319 of the Southern Highlands Master Planned Community. Generally located on the south side of Stonewater Lane, 1,100 feet west of Goett Golf Drive of within Enterprise. BCC morning consent agenda item # 11

11. WT-0046-09 — SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION: TAB Approved

WAIVER to extend the time limit for an improvement bond in conjunction with a park in a P-F (Public Facility) Zone and a P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community. Generally located on the north side of Sommerset Hills Avenue, 2,000 feet west of Southern Highlands Parkway within Enterprise. BCC morning consent agenda item # 12

12. WT-0047-09 — SOUTHERN HIGHLANDS, ETAL: TAB Approved

WAIVER to extend the time limit for an improvement bond in conjunction with a water line extension in an H-1 (Limited Resort and Apartment District) Zone. Generally located on the north side of Welpman Avenue, 1,450 feet west of Las Vegas Boulevard South within Enterprise. BCC morning consent agenda item # 13

13. WT-0048-09 — SOUTHERN HIGHLANDS DEVELOPMENT: TAB Approved

WAIVER to extend the time limit for an improvement bond in conjunction with road construction in an R-2 (Medium Density Residential) Zone, an H-1 (Limited Resort and Apartment District) Zone, and a P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community. Generally located on the north side of St. Rose Parkway and the west of Interstate 15 within Enterprise. BCC morning consent agenda item # 14

14. WT-0049-09 — SECTION 7, LLC: TAB Approved

WAIVER to extend the time limit for an improvement bond in conjunction with a residential development in an R-2 (Medium Density Residential) Zone, an H-1 (Limited Resort and Apartment District) Zone, and a P-C (Planned Community Overlay District) Zone in Masters at SHCC Unit 1 of the Southern Highlands Master Planned Community. Generally located on the south side of Robert Trent Jones Lane and the east side of Oakland Hills Drive within Enterprise. BCC morning consent agenda item # 15

15. WT-0051-09 — SOUTHERN HIGHLANDS DEVELOPMENT: 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) Zone and a P-C (Planned Community Overlay District) Zone in Parcel 315 of the Southern Highlands Master Planned Community. Generally located on the south side of Stonewater Lane and the west side of Southern Highlands Parkway within Enterprise. BCC morning consent agenda item # 16

16. ZC-0058-09 — CREEL FAMILY TRUST: TAB Approved

APPROVED Zone Change

APPROVED Use Permit

APPROVED Waiver of Development Standards #1 excluding paving and gutters

APPROVED Waiver of Development Standards #2 per Staff conditions

APPROVED Waiver of Development Standards #3 allow unpaved parking where paving is required

REQUIRE 2 year review

REQUIRE Design Review as a public hearing for any additional outdoor lighting other than required for security

ZONE CHANGE to reclassify 4.2 acres from R-2 (Medium Density Residential) Zone to R-E (Rural Estates Residential) Zone for a commercial boarding facility.

USE PERMIT for a commercial boarding facility.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) full off-sites (excluding paving);

2) eliminate landscaping; and

3) allow unpaved parking.

Generally located on the south side of Mountains Edge Parkway, 300 feet east of El Capitan Way within Enterprise (description on file).

There were several residents to the north of this project who had questions. The major concern is the off-sites. The paving along Mountain’s Edge Pkwy is required to complete the current travel lanes. The adjacent properties have paving and gutters installed. This the reason the TAB added the condition of gutters. The question of sidewalk design needs to be worked out with public works and can be covered in the Restrictive Covenants Agreement suggested by Civil Engineering. Additionally, concerns about flies and odors resulted in the addition of a 2 year review for this project and the outdoor lighting condition.

Waiver of Development Standards #2 is appropriate because the staff conditions are:

• All existing dead trees to be replaced;

• Berm along Mountain’s Edge Parkway to be planted to cover 25% of area.

BCC morning consent agenda item # 18

17. ZC-0069-09 — ELIADES, PETER: TAB Approved/Denied

Approved Zone Change

Approved Use Permit #1 and 2 limited to daytime hours (6am to 10 pm).

Approved Waiver for Development Standard #6

Denied Waiver of Development Standards #1, 2, 3, 4, 5, and 7 per Staff recommendations

Approved Design Review

Require Turning Analysis

ZONE CHANGE to reclassify 1.9 acres from R-E (Rural Estates Residential) (RNP-I) Zone to C-2 (General Commercial) Zone for a banquet facility.

USE PERMITS for the following:

1) a banquet facility on a property less than 2 acres; and

2) a banquet facility with outside uses.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) increased fence height within setbacks;

2) alternative landscaping;

3) attached sidewalk;

4) eliminate setback to access gates;

5) reduced throat depth;

6) allow commercial access onto a local street (Agate Avenue); and

7) reduced driveway width.

DESIGN REVIEW for a banquet facility with manager's unit. Generally located on the southwest corner of Buffalo Drive and Agate Avenue within Enterprise (description on file).

The TAB agreed with the zone change and the outdoor uses. The TAB felt that the outdoor use should be limited to the county definition of daylight hours (6 am to 10 pm). This condition is necessary to protect the MUD project/RNP residents adjacent to the property. It was confirmed by the county staffer present that amplified music is covered by a live entertainment use permit and would require a separate application.

The most discussion was centered on the Waivers Of Development Standards. The TAB position is the off-sites must be developed according to county standards. The applicant wants to develop alternate off-sites in order to not move the current fence. The alternate off-sites are not appropriate because it will set a standard that would be requested along Buffalo as further development occurs. In addition, a approved project on the east side of Buffalo will have the standard county off-sites. The TAB discussed two options:

1. The current off-sites be left in place and a Restrictive Covenants Agreement be put into place for the county standard off-sites in future.

2. The staff recommendations be accepted to do the standard off-sites now.

The county staff stated that position #1 would not be accepted by Public Works. The result is the staff recommendations were approved. BCC morning agenda item # 24

PUBLIC COMMENTS:

None

NEXT MEETING DATE:

March 11. 2009 6:30 p.m.

Location: Enterprise Library. 25 E. Shelbourne Avenue.

Las Vegas Blvd. South

ADJOURNMENT:

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:

None

PC AGENDA:

None

BCC CONSENT AGENDA ITEMS (Morning):

9. 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

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.

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 AGENDA ITEMS (Morning):

31. UC-1157-08 – RICH, JOE:

APPEAL USE PERMITS for the following:

1) increase the number of horses permitted;

2) eliminate the required landscaping;

3) eliminate the setback for a horse corral; and

4) reduce the pasture area

on 1.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the west side of Penny Lane, 150 feet north of Le Baron Avenue within Enterprise. SB/ar/mh

TAB Approved: with conditions

1. One year review.

2. Five horses permitted. As horses depart the property, they may not be replaced until there are 5 or fewer horses.

This application was opposed by a resident directly to the west of this property. The complaint was flies and the smell from the horses. The horse stable area is concentrated along the western property line. The horses are owned by a tenant on the property. Both the property owner and the horse owner agreed to try different sanitation methods and not replace horses as they depart the property. The TAB added a one year review to check on the progress of the sanitation efforts.

PLANNING COMMISSION ACTION: February 3, 2009 – APPROVED

Current Planning

· 1 year to commence and review as a public hearing;

· Horses cannot be replaced when they die;

· 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.

Southern Nevada Health District

· Applicant is advised that a Tenant Improvement must be processed for the existing detached garage in which plumbing fixtures were installed; and that the applicant must relocate the driveway to prevent vehicular access/traffic over the septic system.

APPEAL:

This item has been appealed by the applicant to remove the 1 year review recommended by the Enterprise Town Board and approved by the Planning Commission.

BCC (Afternoon):

ORDINANCES – INTRODUCTION

33. ORD-0230-09:

That the Board of County Commissioners introduce an ordinance to update various regulations in the Clark County Unified Development Code (Title 30); and direct staff accordingly.

BACKGROUND:

To keep the Unified Development Code (Title 30) consistent and current with the dynamics of community land use needs and practices, staff has identified various land use requirements, standards, and procedures in Title 30 to be updated, corrected, or otherwise modified to improve performance and/or maintain conformance. The proposed ordinance includes, but is not limited to, the following:

· Clarifies definition of Automobile Maintenance with respect to automobile window repair (30.08)

· Corrects the citation listed in definitions of Compost and Compost Plant (30.08, 30.44)

· Clarifies definition of Hospital with respect to 24 hour care (30.08)

· Clarifies definition of Horse Stable (30.08)

· Adds "Services" to the definition of Pet Shop (30.08)

· Clarifies nonconforming zone boundary amendment requirements for mixed use projects (30.16)

· Clarifies Hearing/Public Hearing requirements for Design Reviews (30.16)

· Eliminates administrative extension of time for vacation and abandonment application type and allows the County to record the order of vacation within 90 days (30.16)

· Clarifies initiating authority for extension of time (30.16)

· Clarifies administratively approved applications may be extended (30.16)

· Specifies existing buildings required to be shown on tentative map (30.28)

· Removes reference to RE-UUF (30.40)

· Specifies lot requirements for mining lots (30.40)

· Amends Accessory Uses and Structures for structures within front yard with regard to renewable energy (30.44)

· Clarifies service bay door requirements for automobile and recreational vehicle maintenance (30.44)

· Revises Banquet Facility requirements (30.44)

· Deletes duplicate paving conditions for Boarding Stables (30.44)

· Clarifies program requirements for Community Residences (30.44)

· Makes provisions to Electric Generating Stations for energy from renewable sources (30.44)

· Revises Outside Dining, Drinking and Cooking requirements (30.44)

· Allows accessory Park and Ride facilities in conjunction with special uses (30.44)

· Allows Truck Repair as a special use in the M-2 zoning district (30.44)

· No longer restricts mansard roofs in residential (30.56)

· Clarifies Alternative Parking Standards parking analysis requirements (30.60)

· Revise development standards, screening and landscaping buffers being specified as "use" versus "development" (30.56)

· Clarifies allowed location for increased wall height with an administrative minor deviation (30.64)

· Allows directional signs in single family residential zoning districts in conjunction with a special use (30.72)

· Revises parapet wall requirements if integral to overall building design (30.72)

· Adds allowed plants to Appendix (Appendix C)

· Corrects boundary of South of Sahara Overlay (Appendix G)

Staff believes this proposal meets the needs of and protects the community while providing consistency between policy and practice. Staff recommends introduction of the ordinance March 4, 2009 and public hearing on March 18, 2009.

The purpose of the ordinance introduction is to have set a date for public hearing. Comments and suggestion should be forwarded to your commissioner and the zoning administrator. The link below will take you to the changes proposed by the county staff.

Proposed Title 30 Changes

The statements, opinions and observations expressed in this document are solely those of the author. The opinions state 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.