ENTERPRISE
TAB WATCH
Results April 15, 2009
Planning Commission 7:00 P.M., Tuesday, April 21,
2009.
Board of County Commissioners 9:00 A.M. and 1:00
P.M., Wednesday, April 22, 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:
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 LAND USE HEARINGS
The Enterprise land use hearings will be
conducted over a series of six meetings.
The Enterprise TAB will meet on the four dates below to consider the
270+ requests submitted. The land
use requests will be heard by geographic
area defined by major roads. The Current
Planning maps showing the areas under consideration at each meeting are
indicated below along with a link to those maps. It is important that you know which meeting
to attend for your area. An index map is
available at the following link Enterprise Index Map.
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 requests West of
Durango will be considered. Current Planning maps 01,10,11and 21 Current
Planning Maps
May 2 Special TAB
meeting, Commission Chambers, Clark County Government Center, 8:00 A.M.
Land use requests between
Durango and Decatur will be considered. Current Planning maps 02, 03, 08, 09,
12, 13,19, and 20 Current
Planning Maps
May 9 Special TAB
meeting, Commission Chambers, Clark County Government Center, 8:00 A.M.
Land use requests East of
Decatur will be considered. Current planning maps 04, 05, 06, 07,14, 15,
16, 17,18 Current
Planning Maps
May 27 Regular TAB
meeting, Commission Chambers, Clark County Government Center, 6:30 P.M.
Enterprise Land Use Goals and Policies will be
considered Draft
Goals and Policies
June 18 Planning Commission, Commission Chambers,
Clark County Government Center, 6:00 P.M.
Aug 5 County Commissioners, Commission
Chambers, Clark County Government Center, 9:00 A.M.
CALL TO ORDER*:
1. Approve
the Minutes for the meeting held on April 1, 2009
The TAB meeting
minutes will not be posted on the County Web site until they have been reviewed
and approved by the TAB. This is being
done to insure accuracy.
2. Receive
reports, discuss and take actions as necessary on recommendations regarding
Performance Bonds.
This discussion will
be continued at the June 10, 2009 TAB meeting.
The Enterprise Land Use Plan will occupy most of the TAB’s time for the
month of May.
3. Discuss
and recommend procedures and schedule to conduct hearings for the Enterprise
Land Use Plan.
The April 29, 2009 TAB
meeting will conduct the zoning agenda prior to hearing the Enterprise Land Use
Plan. The land use plan hearing will
cover requests west of Durango Drive.
The Chair and the liaison will determine a ‘not before’ time for the
land use hearing. This time will be
based upon the number of items on the zoning agenda and will be included in the
meeting agenda. The meeting agenda will
also include the procedures to be used by the TAB for the land use hearings.
COMMITTEE REPORTS
4. Receive
a report from the Enterprise TAB Residential Buffering Sub-Committee and take
any action deemed necessary.
The committee
discussed ways to buffer problem areas having minimal edge boundaries between
them. The committee will examine five
different areas of concern:
1.
Residential/H-1 interface, Las Vegas Blvd South, East side
2.
Residential in CMA in both Enterprise and Spring Valley
3. High
density housing adjoining RNP zones
4. Gateway,
West side, Between I-15 and Dean Martin
5. Buffering
along section line roads
The committee is looking
at specific solutions for buffering in each of the areas above. A detailed list of solutions will be
available when the sub-committee minutes are posted on the web.
PUBLIC COMMENTS AND DISCUSSION :
COMMENTS BY THE GENERAL PUBLIC AND DISCUSSION: No action may
be taken upon a matter raised under this item of the agenda until the matter
itself has been specifically included on a future agenda.
The Chair noted to the public that the April 23, 2009 Enterprise TAB
special meeting is a TAB briefing by Current Planning Staff about the schedule
and related aspects of the upcoming Enterprise Land Use Plan meetings. It is not a regular TAB meeting of zoning
applications. No actions will be taken
by the TAB at this meeting.
NEXT MEETING DATES:
Special Enterprise TAB meeting
April 23, 2009, 4:30 p.m.
Pueblo Room
Clark County Government Center
500 S. Grand Central Parkway
April 29, 2009 6:30 p.m.
Clark County Commission Chambers
Clark County Government Center
500 S. Grand Central Parkway
Note:
If you click on the blue underlined text it will take you to the detailed
documents to explain the agenda item.
ATTACHMENT H: Holdover items
H-1 UC-0131-09 – GAUGHAN SOUTH, LLC: Approved by the PC
on 7 April 2009
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.
H-2 ZC-0116-09
– SOUTH DECATUR HOLDING CO, LLC: TAB Approved with following conditions:
1. Per staff conditions
2. Rear doors to be emergency exit
doors only
3. Parking
lot light poles not to exceed 14 foot height
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.
The project is a 8,864
square foot, 2 story office building with a maximum building height of 34 feet.
Access to the site will be provided via one ingress/egress point from Decatur Boulevard.
The building is located in the southeast corner of the property with a 15 ft
landscape buffer between the building and the residents to the east. The TAB added two conditions to help protect
the residents to the east. First, the rear doors on the east side of building
be emergency exits only to limit pedestrian traffic. Second, the height of the parking light poles
be limited to 14 ft. This will help
eliminate the over flow of light into the adjoining residences. The TAB has requested this be a title 30
standard for office/commercial next to residential. However, there has been no staff action on
the request.
BCC
routine action item # 35
ATTACHMENT A
04/21/09 PC
1. DR-0175-09
– SUNWAY NEVADA, LLC: TAB Approved
DESIGN REVIEW for a surface parking lot in conjunction with an existing
hotel (Hilton Garden Inn) on a portion of 3.0 acres in an H-1 (Limited Resort
and Apartment) Zone in the MUD-1 Overlay District. Generally located on the northwest corner of Giles
Street and Mesa Verde Lane within
Enterprise.
This surface lot
replaces a five story parking garage that was previously approved. A 4 foot high decorative wall is shown
adjacent to Giles Street and Mesa Verde Lane to provide parking lot buffering
from these rights-of-way. The wall is 2 feet of wrought iron and 2 feet of CMU
block. The TAB concern was 2 ft wall is insufficient to block headlights from
residents east of the project. Staff
believes the landscaping will sufficiently shield the residents and a higher
wall is not appropriate in this location.
PC routine action
item # 4
2. DR-0187-09 – SOLEIL LV, LLC: TAB Approved
DESIGN REVIEW for a hotel condominium tower on a portion of 27.0 acres
in a C-2 (General Commercial) (AE-60) (AE-65) Zone. Generally located on the south side of Arby Avenue
and the west side of Haven Street within
Enterprise. PC routine action item # 6
3. UC-0098-09
– MILTON, ROGER: TAB Denied:
Due to numerous code infractions, public complaints, and non-conformities
with Title 30 code.
Until such time that these might be resolved.
USE PERMIT for a school.
WAIVERS OF DEVELOPMENT STANDARDS for the
following:
1) eliminate landscaping;
2) eliminate a decorative screen wall; and
3) allow non-decorative walls.
DESIGN REVIEW for the conversion of an existing single family residence
to a school on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I)
Zone. Generally located on the
west side of Rancho Destino Road, 850 feet south of Conn Avenue within Enterprise.
This action resulted from resident comments during the
public comment period on November 25, 2008 and follow up staff action. The use of a residence as a school has
created significant neighborhood opposition with xx attending the TAB meeting.
The applicant states that use of the property will be as
a meeting place for a group of 30 children to engage in cooperative homeschooling
activities, otherwise known as a “homeschool co-op” Several county and state agencies
have taken action against the use of this property as a school. There have been five Public Response
complaints, Three responses by the METRO, a cease and desist letter from the NV
State Dept of Education and the requirement by Southern Nevada Health District
to hook the property up to the sewer system and remove the septic tank.
The TAB has several concerns: First, is the occupancy permits have not been
obtained to use this building as a school.
This presents a possible safety hazard for the children. Second, this
property is too small for a school.
There insufficient separation from the neighbors for the noise
generated. Adequate parking is not
available. Third, the septic system cannot support the number of students. Forth, this use is not appropriate in the
middle of an RNP-I overlay area.
PC agenda item # 18
4. UC-0151-09 – LARSON, MEL AND MARILYN: TAB Approved with condition change:
Change Civil Engineering
bullet #2 to: Right-of-way dedication and/or grant easements with future
development for Las Vegas Boulevard South to accommodate a proportionate share
of a 100 foot half street.
USE PERMIT for an existing heliport and a helicopter repair facility
on a portion of 6.5 acres in an H-2 (General Highway Frontage) Zone in the
MUD-1 Overlay District. Generally located on the
north side of Larson Lane, 300 feet east of Las Vegas Boulevard South within Enterprise.
The applicants were opposed to the dedication of 150 feet
of right-of-way. This area is
problematic. The City of Henderson controls some of the right-of-way
dedications and Clark County controls others.
The M property directly to the north is dedicated at 100 ft. It appears the county has dedicated 100 ft along the west side of Las Vegas Blvd. The TAB
is very aware of the need for additional right-of-way along Las Vegas
Blvd. In this case, the extra 50 feet of
dedication cannot be matched to the north.
The result is the applicants would not have use of that portion of their
property. The staff position is the applicants
could use the 50 ft in question until such time as the county has need for the
right-of –way dedication. This agreement
would deter the applicants from using the westernmost piece of their land. PC routine action item
# 12
5. VS-0669-06
(WC-0059-09) - KARIN LEE BORGMAN TRUST: TAB Approved
WAIVERS OF
CONDITIONS of a vacation and abandonment
requiring the following:
1) applicant shall perform a Record of Survey to determine
the underlying title rights in relationship to “as built” improvements on Las
Vegas Boulevard South, a transportation study shall identify the necessary
improvements in relation to the determination of necessary right-of-way;
2) right-of-way dedication for Las Vegas Boulevard South to
accommodate a proportionate share of a 100 foot half street; and
3) applicant to execute and sign a License and Maintenance Agreement
for any non-standard improvements within the right-of-way on 5.0 acres
in an H-1 (Limited Resort and Apartment) Zone in the MUD-1
Overlay District. Generally located on the
east side of Las Vegas Boulevard South between Jo Rae Avenue (alignment) and
Pyle Avenue (alignment) within Enterprise.
Dedications of right-of-way, Record of Survey, and
improvements will be completed with future
development of this site.
PC routine action item # 15
04/22/09 BCC
6. ZC-0935-05 (ET-0056-09) –
CYAN FIRE, LLC, ET AL: TAB Approved
ZONE CHANGE FIRST
EXTENSION OF TIME to reclassify 17.4 acres
from R-E (Rural Estate Residential) Zone to H-1 (Limited Resort and Apartment)
Zone for a hotel complex with bungalows within the MUD-1 and MUD-4 Overlay
Districts. Generally located on the
south side of Pyle Avenue and the west side of Haven Street within Enterprise (description on file). BCC
routine action item # 11
7. ZC-1929-05 (ET-0002-09) – RAINBOW AND WARM SPRINGS, LLC: TAB Approved
HOLDOVER 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
routine action item # 12
8. ZC-0175-06
(ET-0069-09) – MONACO, ROBERT S. AND JANET:
TAB Approved
ZONE CHANGE FIRST
EXTENSION OF TIME to reclassify 0.5 acres
from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a
future commercial use. Generally located on the
east side of Durango Drive, 200 feet north of Wigwam Avenue within Enterprise (description on file). BCC
routine action item # 14
9. ZC-0491-06
(ET-0070-09)
– WINDMILL VEGAS, LLC, ET AL: TAB Approved
ZONE CHANGE FIRST
EXTENSION OF TIME to reclassify 3.8 acres
from C-2 (General Commercial) Zone to H-1 (Limited Resort and Apartment) Zone
in the MUD-1 Overlay District.
USE PERMITS for the following:
1) resort condominiums; and
2) increase building height.
Generally located on the east side of Las Vegas Boulevard South and
the north side of Windmill Lane within
Enterprise (description on file). BCC routine action item # 15
10. WS-0171-09 – FREEMAN DECORATING SERVICES,
INC: TAB Approved
WAIVER OF
DEVELOPMENT STANDARDS to increase height
of outdoor lighting affixed to a building on 31.8 acres in an M-D (Designed
Manufacturing) (AE-60) Zone and an M-1 (Light Manufacturing) (AE-60) Zone in
the MUD-3 and CMA Design Overlay Districts.
Generally located on the south side of Sunset Road and the west
side of Torrey Pines Drive (alignment) within
Enterprise.
The applicant has done an excellent evaluation of the
lighting and its effects on the surrounding area. If this lighting looks as good as the
drawing, the building will make a very attractive addition to the area. BCC routine action item # 17
11. WT-0140-09 – RHODES RANCH GP: TAB Approved
WAIVER to extend the time limit for an improvement bond in
conjunction with a school in an R-E (Rural Estates Residential), R-3 (Multiple
Family Residential), P-F (Public Facility), P-C (Planned Community Overlay
District) Zone in the Rhodes Ranch Master Planned Community. Generally located on the north side of Ford Avenue
and the west side of Fort Apache Avenue
within Spring Valley and Enterprise. BCC routine action item # 18
12. WT-0143-09 – RHODES RANCH GP: TAB Approved
WAIVER to extend the time limit for an improvement bond in
conjunction with a residential development in an R-E (Rural Estates
Residential), R-2 (Medium Density Residential), P-C (Planned Community Overlay
District) Zone in the Rhodes Ranch Master Planned Community. Generally located 1,950 feet east of Fort Apache Road
and south side of Wigwam Avenue (alignment)
within Spring Valley and Enterprise. BCC routine action item # 20
13. WT-0148-09 – AG/LH HIGHLANDS, LLC: TAB Approved with condition changed to:
Engineering bullet #1 to read: 2 years to complete
WAIVER to extend the time limit for an improvement bond in
conjunction with a residential subdivision in an H-1 (Limited Resort and
Apartment) P-C (Planned Community Overlay District) Zone in the Southern
Highlands Master Planned Community.
Generally located on the north side of Robert Trent Jones Lane and
the west side of Interstate 15 within
Enterprise.
Economic conditions has slowed the project down and the
applicant does not expected to complete within the one year staff condition. BCC routine action item # 21
14. WT-0158-09 – TUSCAN CLIFFS, LP: TAB Held, no applicant
WAIVER to extend the time limit for an improvement bond in
conjunction with a residential subdivision in an R-E (Rural Estates
Residential), R-2 (Medium Density Residential), R-4 (Multiple Family
Residential), P-C (Planned Community Overlay District) Zone in the Southern
Highlands Master Planned Community.
Generally located on the west side of Southern Highlands Parkway
and the north side of Stonewater Lane
within Enterprise. BCC routine action item # 22
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 ROUTINE ACTION AGENDA:
Any person who does
not agree with the conditions recommended by staff or TAB and all applicable
standard conditions for the application type, should request that the item be
removed from this portion of the agenda and be heard separately when directed
by the Planning Commission.
None
PC AGENDA:
20. NZC-0100-09 – VISION QUEST DEVELOPMENT COMPANY, LLC; ET AL:
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). SB/rk/co
TAB Denied.
The applicant has
withdrawn the Waiver of Conditions. If approved: delete Major Projects
Engineering first bullet, construct full off sites.
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.
BCC ROUTINE ACTION AGENDA ITEMS (Morning):
Any person who does not agree with the conditions recommended by
staff, Planning Commission or TAB and all applicable standard conditions for
the application type, should request that the item be removed from this portion
of the agenda and be heard separately when directed by the Board of County
Commission.
None
BCC AGENDA ITEMS (Morning):
None
BCC (Afternoon):
53. WS-1146-08 – DURANGO DIAMOND TRAILS, LLC:
HOLDOVER
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
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 7 a.m. to 6 p.m. by the BCC(ZC-1362-06).
Planning
Commission Recommendation - APPROVAL –
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.
59. ORD-0512-09:
That the Board of County Commissioners introduce an ordinance to amend the Unified Development Code to increase fees relating to subdivision mapping and civil engineering.
An
ordinance to amend Title 30, Chapters 30.28 and 30.80 Tables 30.28-2, 30.28-5,
30.28-6, 30.28-8, 30.28-9, 30.80-3 and 30.80-5 to increase fees relating to
subdivision mapping and civil engineering and add a new Section 30.28.125 and
Table 30.28-10 and providing for other matters properly related thereto.
61. ORD-0407-09:
That the Board of County Commissioners conduct a public hearing on 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.
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.