ENTERPRISE TAB WATCH

 

Results April 1, 2009

 

Planning Commission 7:00 P.M., Tuesday, April 7, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, April 8, 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.  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)
email:   swan@lvswan.org

 

 

Enterprise Town Advisory Board

AGENDA

 

Date: April 1, 2009    Time: 6:30 p.m.

Location: Enterprise Library, 25 E. Shelbourne Avenue

 

All items listed on the agenda are for action by the Enterprise Town Advisory Board unless otherwise noted. Action may consist of any of the following: recommend approval, recommend denial, and recommend conditions of approval hold or table.

 

The Enterprise Library is accessible to individuals with disabilities. With forty-eight (48) hour advance request, a sign language interpreter may be made available by calling 455-3530 or TDD 385-7486 or Relay Nevada toll free 800-326-6868, TD/TDD.

 

CALL TO ORDER*:

 

1.           Approve the Agenda with any corrections, deletions or changes.   TAB approved: with the following                      changes:

Call to Order.  Item #4 to be trailed to end of meeting.                              

Zoning Agenda Items 8 through 11 are related and will be heard together after Item #1.

The agenda was reconsidered when the applicant asked to hold item #12.

Agenda reconsideration approved (5-0).

Item # 12 was held until April 15, 2009.

Revised agenda was approved (5-0)

 

2.           Approve the Minutes for the meeting held on March 11, 2009.  TAB approved

 

3.           Receive reports, discuss and take actions as necessary on recommendations regarding Performance Bonds.

TAB continued this item to April 15, 2009.

 

The discussion centered on the Rhodes Chapter 11 filing and how that would affect Rhodes’ ability to finish projects for which they have contracted with the county.  One example is the Seellger Bridge construction in the western part of Enterprise.  This was an early commitment by Rhodes that has not been completed.  The question now is are there sufficient bonds to complete the project.  This bridge is key to the area development which includes park facilities and three schools.

 

4.           Discuss and recommend procedures and schedule to conduct hearings for the Enterprise Land Use Plan.

 

The Enterprise Land Use Plan hearings will occur over a series of meetings.  There are 270+ requests that involve over 500 land parcels.  The hearings will be arranged by geographic area listed below the hearing date.  The schedule for the Enterprise Land Use Plan update is:

 

April 6          Open House, South Point Casino,  4:00P.M. to 8:00 P.M.

April 23        TAB briefed by Current Planning. Pueblo Room, Clark County Government Center, 4:30P.M.

April 29        Regular TAB meeting, Commission Chambers, Clark County Government Center,  6:30 P.M.

                      Land use changes West of Durango will be heard.

May 2          Special TAB meeting, Commission Chambers, Clark County Government Center,  8:00 A.M.

                   Land use changes East of Decatur will be heard.

May 9          Special TAB meeting, Commission Chambers, Clark County Government Center,  8:00 A.M.

                      Land use changes between Durango and Decatur will be heard.

May 27        Regular TAB meeting, Commission Chambers, Clark County Government Center,  6:30 P.M.

                      Enterprise Land Use Goals and Policies will be heard

   June 18        Planning Commission, Commission Chambers, Clark County Government Center, 7:00 P.M.

   Aug  5          County Commissioners, Commission Chambers, Clark County Government Center, 1:00 P.M.

 

The land use meeting procedures to be use are being review at the county level and will be published when they are approved.

 

5.        Discuss and make recommendations on county procedures for TAB recommendations that appear as “Routine            Action” on the Planning Commission and Zoning Commission agendas. 

     TAB tabled this item until a future date

 

The discussion involved the TAB members, the TAB Liaison, Current Planning Staff representative, and the public.  When the PC and BCC meet, there may be two sets of recommendations made to the commissioners on an application.  One by the county staff and the other by the TAB/CAC.  The TAB/CAC recommendations are read into the record.  However, this does not mean they will be discussed or acted upon as an alternate opinion or solution.  One of the commissioners must either pull the item from the routine action agenda or make a motion to have the TAB/CAC recommendation included in the application approval.  This gives more weight to the staff recommendations.  Many times, the TAB/CAC is aware of history and conditions that are not apparently known at the county level.  These considerations are factored into the TAB  recommendation.  The TAB/CAC’s  communications on recommendations to the commissioners needs to be improved.  This improved communication would help give equal weigh to TAB/CAC recommendations.

 

See attachment #1 for additional discussion.  This item will be taken up at the TAB/CAC Chair/Vice Chair meeting on April 22, 2009.

 

 

COMMITTEE REPORTS

 

1.      Receive a report from the Enterprise TAB Residential Buffering Sub-Committee and take any action deemed necessary.  TAB tabled this item until April 15, 2009

 

 

 

ZONING AGENDA

 

           SEE ATTACHMENT A

 

PUBLIC COMMENTS:

 

           A resident commented on the bottlenecked traffic at Russell Rd. and Paradise Rd.

           A resident requested consideration of a comprehensive speed limit plan within RNPs.

 

 

NEXT MEETING DATE

 

April 15, 2009 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue

Las Vegas Blvd. South

 

ATTACHMENT A

 

04/07/09

 

1.        UC-0266-99 (ET-0048-09) – EVANS, KEITH:  TAB approved with:

           Current Planning Condition bullet #1 to read:

           Until April 8, 2019, to review as a public hearing

 

USE PERMIT FIRST EXTENSION OF TIME to review the expansion of an existing exotic animal compound.

 

VARIANCE to increase the height of existing walls/fences to 10 feet where a maximum height of 6 feet (4 foot height with the top 2 feet 50% open in the front setback) is permitted in conjunction with a single family residence on approximately 5.7 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the northwest corner of Bermuda Road and Keehn Avenue within Enterprise. 

 

The staff recommended a 5 year review.  Area suitability for this use has improved since the last review.  The surrounding Henderson land use is commercial. It does not appear this facility will be crowded out by residential.  The applicant has invested considerable time and effort to provide a habitat where the lions can live out their lives.  Some TAB members would prefer a long review time (up to 20 years) to assure this habitat use matches the lions’ expected life span.  PC routine action item # 3

 

2.        WS-0042-07 (ET-0052-09) - DAEFOOR RE DEVELOPMENT, LLC: TAB approved per staff conditions

 

WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence reduced lot size in conjunction with a minor subdivision on 2.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the northwest corner of Serene Avenue and Edmond Street (alignment) within Enterprise. PC routine action item # 7

 

3.        NZC-0100-09 – VISION QUEST DEVELOPMENT COMPANY, LLC; ET AL: TAB Denied.

           The applicant has withdrawn the Waiver of Conditions. If approved: delete Major Projects            Engineering first bullet, construct full off sites. 

 

HOLDOVER 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 of Rainbow Boulevard and Richmar Avenue within Enterprise (description on file). 

 

This item resulted in considerable discussion on several factors that affect this application.  The TAB denial was based upon the need to consider land use on the entire west side of Rainbow during the Enterprise Major Land Use update.  This application is spot zoning that would set a precedent without considering the entire area and the effect on the RNP to the west. C-1 may be appropriate for the west side of Rainbow.  However, the number of special use permits allowed in the C-1 zone district must be considered.  Most of the special use permit uses are not appropriate next to an RNP-1.

 

The Waiver of Conditions withdrawal preserves the trail on the western side of the property and provides an additional buffer to the RNP-1 area.  This trail has been planned since the inception of the Mountain’s Edge Master Plan.  The trail was one promise made to the RNP residents to include their property in the Mountain’s Edge concept area.  This promise must be honored.  The loss of the trail right-of-way would delete a major section of the planned trails.  The trail plan revision would create a significant delay in trail development.  In addition, RNP buffering would be lost.

 

The overall design of the project is one of the best the TAB has seen next to an RNP-1.  The design of the buildings has sufficient residential character to blend with the neighborhood.  The staff conditions reduce the impact of the project on the adjacent residential.

 

One very significant issue revealed by this application is the off sites FOCUS contracted to provide, have not yet started.  The applicant is paying the SID that covers the west side of Rainbow.  The property owner has meet his/her responsibility for off sites by participating in the SID. Major Projects must  pursue FOCUS to complete the promised off sites under SID # 142.  Any suggestion by county staff that the applicant be required to construct the off sites is not appropriate and could result in legal action against the county.  This problem is not limited to this property.  Additional property owners are paying into the SID, yet do not have the infrastructure to proceed with their projects.  The TAB felt it could not require a property owner to pay for the off sites twice.  PC agenda item # 19

 

4.        UC-0080-09 - LASWELL INVESTMENT TRUST: TAB approved with:

           Current Planning bullet #1 to read:

    6 months to commence and obtain all final inspections, permits, and/or licenses from all     appropriate agencies and review as  Public Hearing

           Add:

All other structures, excluding existing house, must be removed in 6 months.

 

 

AMENDED HOLDOVER USE PERMITS for the following:

 

1) waive architectural compatibility of an accessory structure to the principal structure;

2) allow an accessory structure (metal building) (previously notified as 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 Giles Street, 180 feet north of Moberly Avenue (alignment) within Enterprise.

 

Significant progress has been made in cleaning up this property.  The approvals for the structure in this application are required to help complete this clean up.  The building use is dependent on approval of this application.  After which, a building inspection can be completed.  It can then be used for storage.

 

The TAB changed the review to six months because the actions required by UC-0148-07, March 28, 2007 were not complied with and that application was not renewed.  The additional condition is the one item that was not complied with from the previous application.  PC routine action item # 8

 

5.        UC-0131-09 – GAUGHAN SOUTH, LLC: TAB held to April 15, 2009 for neighborhood meeting

 

The applicant did not agree to Hold the item until the next TAB meeting.  The applicant’s representative will  forward  the TAB request to the applicant.  The applicant may schedule a meeting with the neighbors prior to the Planning Commission meeting, so that it would be unnecessary to come back to the TAB. 

 

USE PERMIT for a parking lot.

 

WAIVER OF DEVELOPMENT STANDARDS to eliminate parking lot landscaping.

 

DESIGN REVIEW for a parking lot on 5.0 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.  Generally located on the north side of Silverado Ranch Boulevard, 500 feet west of Las Vegas Boulevard South within Enterprise.

    

The TAB did not make a recommendation on this application due to the extent of the neighborhood opposition.  There were 12 adjacent and nearby residents in very strong opposition to the parking lot.  These residents also had a residents’ petition opposing the project signed by a number of residents. The TAB felt there needs to be a neighborhood meeting  to  examine the neighbors’ complaints and how the solutions meet their needs prior to any recommendation. 

 

The property has been used as unpaved parking for trucks and horse/cattle trailers during events at the South Point.  This has created a nuisance for the nearby residents. This nuisance consists of truck traffic on the local street to the north, idling trucks at all hours, smells from parked trailers, and possible unsanitary conditions due to animal manure. PC routine action item # 12

 

6.        VS-0128-09 – TORREY PINES – ERIE, LLC: TAB approved

 

VACATE AND ABANDON easements of interest to Clark County located between Torrey Pines Drive and El Camino Road (alignment), and between Levi Avenue and Erie Avenue, and rights-of-way being Maplewood Park Court, Whitney Grove Court, Chapel Trace Court, Holly Garden Court, Bethpage Court, and Inland Seas Court located east of Torrey Pines Drive between Levi Avenue and Erie Avenue in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).  PC routine action item # 16

 

04/08/09 BCC

 

7.        WS-0136-09 – BLUE DIAMOND PROPERTIES, LLC: TAB approved

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) reduce front setback; and

2) reduce parking.

 

DESIGN REVIEW for a prefabricated accessory building in conjunction with an existing industrial building and outside storage yard on 2.4 acres in an M-1 (Light Manufacturing) Zone.  Generally located on the south side of Gary Avenue, 430 feet east of Redwood Street within Enterprise.  BCC routine action item # 10

 

8.        WT-0121-09 – CANARELLI, LAWERENCE: 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 in the Pinnacle Peaks Concept Plan Area.  Generally located on the east side of Torrey Pines Drive and the north side of Wigwam Avenue within Enterprise.  BCC routine action item # 11

 

9.        WT-0122-09 – CANARELLI, LAWERENCE: TAB approved

 

WAIVER to extend the time for an improvement bond in conjunction with a residential subdivision in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the west side of Torrey Pines Drive and the south side of Windmill Lane within Enterprise.  BCC routine action item # 12

 

10.      WT-0123-09 – CANARELLI, LAWRENCE: 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 in the Pinnacle Peaks Concept Plan Area.  Generally located on the east side of Jones Boulevard and the north side of Shelbourne Avenue within Enterprise.  BCC routine action item # 13

 

11.      WT-0124-09 – LAWRENCE CANARELLI: 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 in the Pinnacle Peaks Concept Plan Area.  Generally located on the north side of Wigwam Avenue and the west side of Torrey Pines Drive within Enterprise. BCC routine action item # 14

 

12.      ZC-0116-09 – SOUTH DECATUR HOLDING CO, LLC:  Held by applicant to April 15, 2009

 

ZONE CHANGE to reclassify 1.1 acres from R-E (Rural Estates Residential) Zone to C-P (Office & Professional) Zone.

 

DESIGN REVIEW for an office building.  Generally located on the east side of Decatur Boulevard and the north side of Mesa Verde Lane (alignment) within Enterprise.  BCC routine action item # 17

 

 

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:

 

9.         UC-0089-09 – SIRAN-LOUGHERY, KAREN AND LOUGHERY, GEOFF:

HOLDOVER 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 the 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 Mesa Verde Lane, 275 feet west of Bermuda Road within Enterprise. SS/rs/dr

PC AGENDA:

 

None

BCC CONSENT AGENDA ITEMS (Morning):

4.         DR-0165-08 (ET-0045-09) – RHODES RANCH GP:

DESIGN REVIEW FIRST EXTENSION OF TIME to commence construction of a 246 unit condominium complex on 10.0 acres in an R-4 (Multiple Family Residential) P-C (Planned Community Overlay) Zone in the Rhodes Ranch Master Planned Community.   Generally located on the south side of Warm Springs Road, 1,200 feet west of Durango Drive within Spring Valley. SB/co/co

BCC AGENDA ITEMS (Morning):

23.       ZC-0069-09 – ELIADES, PETER:

HOLDOVER 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). SS/mh/mh

26.       UC-0075-09 – PRADO ATTACHED HOMES, LLC:

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. RR/dg/nd

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.

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

PC Action - Approved

BCC (Afternoon):

29.       WS-0642-08 – KOREAN-AMERICAN CALVARY PRESBYTERIAN CHURCH:

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;

2.       off-sites adjacent to Darby Avenue are to be constructed with further development adjacent to Darby Avenue;

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

11.  require any structure along Darby Avenue to remain residential.

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 Desert Inn Road, 500 feet west of Torrey Pines Drive within Spring Valley. LB/md/mm/nd

 

PC Action - Approved
Waiver of Conditions #3 was withdrawn

33.       ORD-0407-09:

That the Board of County Commissioners introduce an ordinance to consider adoption of a Standard Development Agreement with Michael C. Gusick Jr. and Heather M. Gusick, and Douglas S. James for a day care center (Daycare Center at Decatur and Oleta). 

An ordinance to adopt a Standard Development Agreement with Michael C. Gusick Jr. and Heather M. Gusick, and Douglas S. James for a proposed day care center generally located on the West side of Decatur Boulevard, 150 feet North of Oleta Avenue within the Northeast Quarter (NE1/4) of Section 24, Township 22 South, Range 60 East within the boundaries of the Town of Enterprise and providing for other matters properly related thereto.

 

 

34.       ORD-0408-09:

That the Board of County Commissioners introduce an ordinance to consider adoption of a Standard Development Agreement with Nevada State Bank for a commercial development (Durango and Arby, a Commercial Subdivision). 

An ordinance to adopt a Standard Development Agreement with Nevada State Bank for a proposed commercial development generally located on the East side of Durango Drive and the North side of Arby Avenue within the Southwest Quarter (SW1/4) of Section 4, Township 22 South, Range 60 East within the boundaries of the Town of Spring Valley and providing for other matters properly related thereto.

 

 

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.