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)
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.
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.
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
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
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.
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.
BCC AGENDA ITEMS (Morning):
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 –
• 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.
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.
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.