Planning Commission 7:00 P.M.,
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:
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. Help in filling an appeal may be obtained from the Southwest Action Network(SWAN). You can contact SWAN at:
702-837-0244 · 702-837-0255 (fax)
CALL TO ORDER*:
1. Approve the Agenda with any corrections, deletions, or changes. TAB approved
Approve the Minutes for the meeting held
3. Receive reports, discuss and take actions as necessary on recommendations regarding Performance Bonds
A resident of the Mountains Edge residential development spoke extensively concerning problems with performance bonds in Mountains Edge. See attachment 1 for his remarks
A motion to continue this discussion until April 1 was approved (4-0)
4. Discuss and recommend procedures and schedule to conduct hearings for the Enterprise Land Use Plan. TAB continued to 15 Apr 2009 meeting
Receive a report from the Enterprise TAB Residential Buffering Sub-Committee and take any action deemed necessary.
1. The initial meeting of the committee was held March 5 at the Enterprise Library.
2. John Hiatt was elected Chairman
3. Heidi Magee was appointed Secretary
4. The next meeting is scheduled for April 2 at at the Enterprise Library
TAB approved: A motion was made to add Eric Hilbrecht as a member of the Residential Buffering Sub-committee.
TAB Approved: A motion by the TAB Chair to have the sub-committee make their next report at the April 15 TAB meeting.
Gene Leed, a resident of Mountain’s Edge, spoke about changes to the Enterprise Land Use Plan and the best way for residents to have their opinions considered. Several comments were made by the Chair:
· Attend the open house on April 6 at the South Point (South Point has donated a room for the Open House) and submit verbal and written comments to the county staff.
· Attend the public hearings on the land use plan conducted by the TAB, PC and BCC and voice your concerns (dates to be announced).
input to the
A request was made by the Vice-Chair to add an agenda item to the April 1 - TAB meeting. It is to discuss and make recommendations on county procedures for TAB recommendations that appear as “Routine Action” on the Planning Commission and Zoning Commission agendas. The Chair directed this item be placed on the
1. VC-1392-07 (ET-0028-09) — LAND DEVELOPMENT INC: TAB approved with condition changed to: Until
VARIANCE FIRST EXTENSION OF TIME to complete the
increased length of an architectural enclosure on approximately 84.0 acres in
an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan
Area. Generally located on the
south side of
The TAB believes three years is a reasonable amount of time to complete a residential project, given the current real estate market.
2. WS-1765-06 (ET-0032-09) — BLUE DIAMOND RANCHES, LLC: TAB approved per staff conditions
WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence
reduced driveway throat depth in conjunction with an approved shopping center
on 7.1 acres in a C-2 (General Commercial) Zone and an M-D (Designed Manufacturing)
Zone in the MUD-3 Overlay District. Generally located
on the north side of
The staff condition provides a three year extension. PC consent agenda item # 9
3. NZC-0100-09 — VISION QUEST DEVELOPMENT COMPANY, LLC; ETAL: TAB held until April 1 TAB with the applicant’s consent.
ZONE CHANGE to reclassify 3.5 acres from C-P (Office and Professional) P-C (Planned Community Overlay District) Zone to C-1 (Local Business) P-C (Planned Community Overlay District) Zone.
WAIVER OF CONDITIONS of a Concept Plan (MP-0420-02) requiring a 30 foot wide buffer along the north, east, south, and portions of the west boundaries of the northeast RNP area, the buffer will be designed in accordance with the exhibit submitted at the Planning Commission meeting, and shall be installed concurrently with the development of projects adjacent to the RNP area.
DESIGN REVIEW for a neighborhood retail center
consisting of 2 buildings in the Mountain's Edge Master Planned Community.
Generally located on the southwest corner
This item was held due to several concerns that need to be addressed:
· The applicant states they are part of a Special Improvement District (SID) for Rainbow, yet the staff condition requires them to do the off-sites. The applicant could pay twice for the road construction.
· A non-conforming zone change prior to the Enterprise Land Use Plan needs to be closely examined.
· The number of special use permits, that can be requested in a C-1 district, can radically change the nature of the development.
· The effect on the adjacent RNP-1 overlay (this goes back to the buffering issues)
What is a SID - Special Improvement District?
Counties, cities, and towns are allowed to form Special Improvement Districts (SID) for the purpose of acquiring, improving, equipping, operating, and maintaining specific projects within the municipality. Projects include improvements such as street pavement, curb and gutter, sidewalk, streetlights, driveways, sewer and water facilities, etc. PC agenda item # 23
information can be found on the
4. UC-0080-09 - LASWELL INVESTMENT TRUST: TAB did not hear this item due to an error in Noticing.
The item will be heard on
USE PERMITS for the following:
1) waive architectural compatibility of an accessory structure to the principal structure:
2) allow an accessory structure (covered riding arena) to exceed one-half the footprint of the principal dwelling:
3) allow the cumulative area of all accessory structures to exceed the footprint of the principal dwelling:
4) allow a non-decorative or non-standing seam metal roof: and
5) allow a roof to be constructed of the same material as the exterior siding
on 0.6 acres in
an R-E (Rural Estates Residential) Zone in the MUD-4 Overlay District.
Generally located on the east side of
5. UC-0089-09 — SIRAN-LOUGHERY, KARIN AND LOUGHERY, GEOFF: TAB approved per staff conditions
USE PERMITS for the following:
1) allow an accessory structure (covered riding arena) to exceed one-half the footprint of the principal dwelling:
2) allow the cumulative area of all accessory structures to exceed the footprint of the principal dwelling:
3) allow a non-decorative or non-standing seam metal roof: and
4) allow a roof to be constructed of the same material as the exterior siding.
WAIVER OF DEVELOPMENT STANDARDS to increase
height of an accessory structure (covered riding arena) on 1.2 acres in an R-E
(Rural Estates Residential) (RNP-I) Zone. Generally located
on the north side of
site was previously approved for a recreational facility use for therapeutic
equestrian riding services for school age children with special needs. This use
provides a need service to
desires to cover the arena from the summer heat which will allow greater use of the arena and deflect the direct sunlight. The TAB agrees with the applicants position. PC consent agenda item # 13
6. UC-0099-09 — WIGWAM JONES INDUSTRIAL PARK, LLC: TAB approved with condition changed to: 18 months to commence and review. The applicant concurs with the change.
USE PERMIT for a minor training facility (indoor
skate and bicycle facility) in conjunction with an existing office/warehouse
complex on a portion of 4.0 acres in an M-1 (Light Manufacturing) Zone.
Generally located on the south side of
The TAB liked the idea of this facility. The applicant anticipates 20 to 25 students in each session. There is a concern about the parking available during the overlap period between sessions. The eighteen month review should provide sufficient time to construct the facility and build up a cliental. The staff requested a 1 year review which the TAB thought was too short. PC consent agenda item # 16
7. VC-0086-09 — LAND DEVELOPMENT INC: TAB approved with condition changed to:
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.
VARIANCE to increase the height for single
family residences on 85.1 acres in an R-2 (Medium Density Residential) Zone in
the Pinnacle Peaks Concept Plan Area. Generally located
on the east side of
8. WS-1677-06 (ET-0041-09) — WHITE, DAVID A. AND D. SUE: TAB approved per staff conditions
WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to waive the
drainage study in conjunction with a minor subdivision map on 2.4 acres in an
R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the south side of
9. ZC-1929-05 (ET-0002-09) — RAINBOW AND WARM SPRINGS, LLC: Held by the applicant to the April 15 TAB and April 22 BCC meetings
HOLDOVER ZONE CHANGE FIRST EXTENSION OF TIME to reclassify
15.4 acres from C-2 (General Commercial) Zone to U-V (
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
NEXT MEETING DATE
Addition items to be heard by the PC or
BCC. These items were previously heard
PC CONSENT AGENDA:
BCC CONSENT AGENDA ITEMS (Morning):
BCC AGENDA ITEMS (Morning):
HOLDOVER 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 (
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
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.
· 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.
o The option to construct additional buildings, bulldoze and start over, or move to a new site.
· A phasing plan for full development of the site be provided within six months.
· The phasing plan should be presented to the TAB when developed.
Wavier of Development Standards 3 and 4 were withdrawn by the applicant.
HOLDOVER 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
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.
· Phasing 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.
· 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
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
APPEAL VACATE AND ABANDON a portion of right-of-way being Spring Leaf Drive located between Flamingo Road and Starwood Drive in a C-P (Office and Professional) Zone within Spring Valley (description on file). SB/dd/dc
HOLDOVER APPEAL WAIVER OF DEVELOPMENT STANDARDS for full off-site improvements (excluding paving).
WAIVERS OF CONDITIONS of a use permit (UC-1578-99) requiring the following:
1) B-1 landscaping along the Sorrell Street alignment (adjacent to current proposed development) and Desert Inn Road;
off-sites adjacent to
3) sign deed restrictions;
4) driveway locations to be approved by Clark County Traffic Management Division;
5) raise height of existing block wall along east property line adjacent to APN 163-11-405-005, 2 feet (3 courses of block) and replace existing cap on top, this includes any necessary structural changes needed to properly retain the church’s side of the property including a water sealant to be applied below the grade level;
6) 15 gallon minimum Mondel Pine trees to be planted 15 feet on center along the east property line adjacent to APN’s 163-11-405 005 & 006 to provide for privacy of neighbors and for an additional sound barrier with the existing blacktop to be cut away from the wall enough to install the irrigation system and plant the trees;
7) the work on conditions #6, 7 & 8 (per the Notification of Final Action for conditions #2 and 3 above) to commence within 30 to 45 days after final Commission approval and be diligently carried on until completion;
8) applicant to subdivide rear of property adjacent to Darby Avenue into two R-E zoned residential lots or alternatively into one residential lot with the equivalent of two R-E zoned lots with a parcel map to be submitted to the County within one year;
9) church building to be single story only;
10) no freestanding sign to be located on property (1 wall sign in conformance to zoning code requirements allowed); and
require any structure along
DESIGN REVIEW for a new place of worship on 2.2 acres in an R-E (Rural Estates Residential) Zone in the Desert Inn Transition Corridor Overlay. Generally located on the north side of
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
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 a illuminate sign is not appropriate in its current location. The sign would be visible without illumination during the business hours which were restricted to to by the BCC(ZC-1362-06).
PLANNING COMMISSION RECOMMENDATION - APPROVAL –
• 1 year to commence and review;
• Sign to be illuminated only during daytime hours per Title 30 ();
• 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.
That the Board of County Commissioners consider an ordinance to update various regulations in the Clark County Unified Development Code (Title 30); and direct staff accordingly.
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.
See attachment 1 on next page
Performance Bonds –
My name is Gregory J Geiger… I
Mr. Chairman … Board Members
I would like to provide input on performance bonds as this issue is extremely prescient and compelling to the residents of Mountains Edge. Performance bonds are an essential requirement in ensuring a community is developed in a proper and agreed upon manner.
What should have happened in Mountain’s Edge:
The Developer, Mountains Edge, LLC, should have posted performance bonds for the construction of the roadways, flood control channels and parks per the terms and conditions of the Development Agreement.
What did not happen in Mountain’s Edge:
It is our understanding that the Developer did not post performance bonds for the construction of the roadways, flood control channels and parks. As a result, we have a mess. The leakage of missed commitments has turned into a flood of missed commitments, both literally and figuratively.
FLOOD CONTROL CHANNELS
While construction began in 2004, only 1.5 miles out of a total of 4.5 miles of flood control channels have been completed. Why has it taken 5 years for the developer to construct the flood control channels in Mountain's Edge?
Did Mountains Edge, LLC bond for construction of these flood control channels?
If so, what was the amount of the performance bond(s)?
Ø Blue Diamond IS NOT COMPLETE
These roadways were to be completed by
We have been trying to obtain the Mountain’s Edge Road Plan for nearly a year. This is the same
problem we have had with regard to obtaining details of the SID Agreement. The Developer and
Did Mountains Edge, LLC bond for construction of these roadways? If so, what was the amount of the performance bond(s)?
The parks were to be performance bonded for 100% of the approved construction cost, approximately $26 million. We have received new drawings from Mountains Edge, LLC dramatically downgrading the parks to mere shells. The latest drawings (February 2009) indicate that Mountains Edge, LLC intends to improve only 18 of the 70 acres of BLM land leased to Clark County for parks and public recreation. The latest drawings show no programmable park space – no sports fields and no sports courts.
Did Mountains Edge, LLC bond for 100% construction of these Parks? If so, what was the amount of the performance bond(s)?
We have heard of a $5.2 million performance bond, but don’t know if it was for Roadways, Flood Control Channels, the Park that has already been built or the remaining four Parks to be built.
What needs to happen in Mountain’s Edge:
It is not too late for the Board of County Commissioners to require performance bonds from the Developer, Mountains Edge, LLC, for the construction of the four (4) remaining parks per the terms and conditions of the Development Agreement.