ENTERPRISE TAB WATCH

 

Results April 29, 2009

 

Planning Commission 7:00 P.M., Tuesday, May 5, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, May 6, 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

Land Use Hearing

Durango to Decatur

Date:  May 2, 2009    Time: 8:00 a.m.

Location: Clark County Commission Chambers

Clark County Government Center, 500 S. Grand Central Parkway

 

The correct meeting schedule for the rest of the Enterprise Land Use Plan is below:

 

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

Land use requests between Durango to 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 13      Regular TAB meeting. Enterprise Library, 25 E. Shelbourne Avenue, 6:30 P.M. No land use will be discussed

 

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.

 

 

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MEETING PROTOCOL: See attachment 1

 

The Enterprise Township Land Use Plan requests will be heard in the following order:

 

1.         The Enterprise Township Land Use Plan requests that are changes to match the land use to the approved zoning will be approved in a single motion. Any persons representing a request not agreeing with the conditions recommended by staff, should request the item be removed from this portion of the agenda and be heard separately when directed by the Enterprise Town Advisory Board.

 

2.         Enterprise Township Land Use Plan requests will be heard by geographic area and by section number within each geographic area.  The section maps and request numbers will be provided by Clark County Current Planning.

 

3.         Any additional changes to the Enterprise Township Land Use Plan not on the Clark County Current Planning land use request list will be heard at the conclusion of the said list.

 

4.         The Enterprise Town Advisory Board will take a short break approximately every 2 hours.

 

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.

 

A resident spoke about the California-Nevada high speed train proposal and specifically that possible locations for stations and maintenance facilities in Enterprise near the intersection of Robindale Rd. and Dean Martin were inappropriate so near Residential Neighborhood Preservation neighborhoods.

 

       

ZONING AGENDA

 

See Attachment H

See Attachment A

 

NEXT MEETING DATES:

May 2, 2009   8:00 am

Clark County Commission Chambers

Clark County Government Center, 500 S. Grand Central Parkway

 

May 9, 2009 8:00 a.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:

 

H-1      WT-0158-09 – TUSCAN CLIFFS, LP:  TAB Approved per staff conditions

 

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 # 13

 

ATTACHMENT A

 

1.         CP-0076-09

 

That the Enterprise Town Advisory Board hold a public meeting for a Major Update to the Enterprise Land Use Map for proposed changes located West of Durango Drive alignment in Enterprise and take appropriate action.

 

The results for West of Durango will be published in a special TAB Watch by May 6 2009.

 

05/05/09 PC

 

2.         VC-0431-98 (ET-0081-09) - ERGON ASPHALT PRODUCTS, INC:  TAB approved per staff conditions:

1. Current Planning bullet #1 to read: Until April 1, 2010 with public review.

 

VARIANCE SECOND EXTENSION OF TIME to review the manufacture and storage of petroleum products (asphalt emulsion mill), and the storage of acid where not permitted and where required to be in an M-2 (Industrial) Zone with a use permit in conjunction with an existing asphalt and heavy road oil storage and shipping facility on 2.0 acres in an M-1 (Light Manufacturing) Zone.  Generally located on the north side of Richmar Avenue and the west side of the Union Pacific Railroad within Enterprise. 

 

This an example of waiver of development standards being granted for a standard county condition (cul-de-sac) and the required action is not completed years later.  The TAB has seen several applications where this has been the case.  This is the down side to waiver of conditions.  The TAB is concerned that sub-standard conditions are being perpetuated by waivers.

 

The time extension is for a waiver of development standards to delay the construction of a cul-de-sac at the termination of Richmar Avenue.  The adjacent property owner submitted extensive documentation (30+ pages) about the efforts to resolve how to build the cul-de-sac and who pays.  The TAB feels there are legal problems that need to be decided.  However, the cul-de-sac needs to be built to complete the termination of Richmar.   This cul-de-sac should have been built long ago.  The appropriate action is to give the applicant one year to work out the problems.  If not resolved in a year, look at not granting any further extensions.  PC routine action item # 6

 

3.         NZC-0203-09 – NEW DIRT, LLC:  TAB Denied

 

ZONE CHANGE to reclassify 5.2 acres from R-E (Rural Estates Residential) (RNP-I) (AE-60) Zone to C-2 (General Commercial) (AE-60) Zone.

 

        USE PERMIT for a recreational vehicle (RV) and boat storage facility.

 

        WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) permit outside storage (boats and recreational vehicles) to be visible from a public street and residential developments; and

2) permit non-decorative metal siding on buildings.

 

DESIGN REVIEW for an RV and boat storage facility.  Generally located on the west side of Rogers Street, 150 feet north of Pamalyn Avenue within Enterprise (description on file). 

 

This application has very significant neighborhood opposition.  The TAB discussion looked at the following:

·  This project would set a bad precedent and could lead to a significant loss of the RNP-1 in this area.

·  Title 30 states “for sites which are typically greater than 10 acres.”  This site is too small for C-2

·  There is insufficient room for proper buffering.

·  C-2 is not appropriate within a RNP-1 overlay

·  Access must be through the RNP. There is no access from 215 frontage and access to the west is blocked by UPRR

·  Once the C-2 zone district is granted, any number of very intense uses could be placed on the property.

·         The application does not meet the five Title 30 criteria for a non-conforming zone change.  The TAB agreed with the staff analysis on the zone change.  PC agenda item # 21

 

4.         UC-0112-09 – VECCHIONE, PAUL:  TAB Approved per staff conditions:

1. Current Planning bullet #1 to read: 6 months to review documentation and evaluation of building progress.

 

USE PERMIT to allow a temporary dwelling (manufactured home) prior to the issuance of building permits for a new residence on 1.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the east side of Haven Street, 480 feet north of Wigwam Avenue within Enterprise. 

 

This temporary dwelling has been on the property for four years.  The intent is to occupy the trailer during construction.  The applicant had pervious building plans were allowed to expire.  The applicant states he is now ready to start construction.  The TAB desire is to make sure this project gets underway and is not a permit for the continued use of a temporary structure.  PC routine action item # 7

 

5.         UC-0206-09 - MAJESTIC NEVADA PROPERTY HOLDINGS, LLC:  TAB Approved per staff conditions

 

USE PERMIT for deviations to development standards.

 

DEVIATIONS for the following:

 

1) conduct live entertainment beyond daytime hours for a temporary outdoor commercial event; and

2) all other deviations as depicted per plans on file in conjunction with a resort hotel (Silverton)

 

on a portion of 70.5 acres in an H-1 (Limited Resort and Apartment) (AE-60) (AE-65) Zone in the MUD-2 Overlay District.  Generally located on the south side of Blue Diamond Road and the east side of Dean Martin Drive within Enterprise.  PC routine action item # 9

 

6.         UC-0220-09 – THE PIAZZA, LLC:  TAB Approved per staff conditions

 

USE PERMITS for the following:

 

1) a banquet facility; and

2) permit outside uses for a banquet facility in conjunction with an existing shopping center

 

on a portion of 4.4 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.  Generally located on the southeast corner of Las Vegas Boulevard South and Robindale Road within Enterprise.  PC routine action item # 11

 

7.         UC-0225-09 – BALINSKI, RODNEY K.:  TAB Approved

1.  Current Planning bullet #1 to read: Maximum of 50 chickens.

 

USE PERMIT to increase the number of chickens permitted in conjunction with an existing single family residence on 1.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the west side of Gilespie Street, 350 feet north of Frias Avenue within Enterprise. 

 

There was no opposition to this application.  The applicant has a several animals on the property that are well taken care of.  The tab felt give the good care and the lack of opposition to the application, allowing a max of 50 chickens is appropriate.  PC routine action item # 12

 

8.         VS-0207-09 – ENSWORTH APTS, INC:  TAB Approved per staff conditions

 

VACATE AND ABANDON a portion of right-of-way being Silverado Ranch Boulevard located between Interstate 15 and Ensworth Street in an R-4 (Multiple Family Residential - High Density) Zone in the MUD-1 Overlay District within Enterprise (description on file).  PC routine action item # 15

 

05/06/09 BCC

 

9.         WS-0224-07 (ET-0089-09) – ME-BUFFALO, LLC:  TAB Approved

 

WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence the reduction of separation between monument type signage.

 

DESIGN REVIEW for a sign plan for a mixed-use development on approximately 50.2 acres in a C-2 (General Commercial) P-C (Planned Community Overlay District) Zone in the Mountains Edge Master Planned Community.  Generally located on the south side of Blue Diamond Road between Cimarron Road and Buffalo Drive within Enterprise.  BCC morning routine action item # 8

 

10.   UC-0227-09 - BLUE DIAMOND RV AND STORAGE, LLC, ET AL:  Companion item # 11

APPROVAL 5-0 of the Use Permit per Staff 

APPROVAL 5-0 of Waiver of Development Standards #1 per Staff

DENIAL 5-0 of Waiver of Development Standards #2 per Staff

DENIAL 5-0 of the Waiver of Conditions

DENIAL 5-0 of the Design Review

 

USE PERMIT for a swap meet.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) eliminate landscaping; and

2) off-site improvements (excluding paving).

 

WAIVER OF CONDITIONS of a zone change (ZC-1254-06) requiring right-of-way dedication to include 30 feet for Mann Street, and associated spandrels

.

DESIGN REVIEWS for the following:

 

1) an outdoor swap meet, and

2) storage buildings on 5.0 acres

 

in an M-1 (Light Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on southwest corner of Blue Diamond Road and Mann Street (alignment) within Enterprise. 

 

The TAB has two major concerns with this project.  First, this is an industrial area and the full off sites are required for area development.  The completion of Blue Diamond will make this area more accessible and the TAB expects the pace of development to pick up in the next several years.  Blue Diamond will block any access from the north, Oleta will become a primary access route for property to the east of the applicants. What is not desired is another case where the waiver of development standards leaves inadequate infrastructure and the applicant is not willing to finish the off sites.  The off sites should be developed with the current project.

 

The second concern is it is too early to vacate the easements or right-of-way along Mann Street.  Directly east of this applicant’s property is 57 acres of BLM land that has not been subdivided.  The RTC has a reservation on part of the BLM land.  Until the BLM land is subdivided and the necessary right-of-way established, it is too early to vacate any right-of-way in this area.  Again, Blue Diamond will prevent any access from the north to the BLM property.  Any north/south right-of-way must be preserved at this time.  The applicant is correct in his statement that Mann Street will not connect to Blue Diamond.  However, Mann Street may be needed to access the property to the east. 

 

The Design Review was denied because the Mann Street easement and right-of-way is being used to construct part of the project.  BCC morning agenda item # 38 Companion item # 37

 

11.   VS-0228-09 – BLUE DIAMOND RV AND STORAGE, LLC:  Companion item # 10

APPROVED 5-0 of Vacate and Abandon of easements except Mann Street alignment

DENIED 5-0 of Vacate and Abandon of easements along Mann Street alignment

DENIED 5-0 of Vacate and Abandon of right-of-way along Mann Street

 

VACATE AND ABANDON easements of interest to Clark County located between Oleta Avenue and Blue Diamond Road, and between Mann Street (alignment) and Torrey Pines (alignment) and a portion of right-of-way being Mann Street located between Oleta Avenue and Blue Diamond Road in an M-1 (Light Manufacturing) Zone in the MUD-3 Overlay District within Enterprise (description on file).  See discussion on item # 10.  BCC morning agenda item # 37  Companion item # 38

 

 

12.   WS-0229-09 – DIAMOND WINDMILL, LLC:  TAB held until May 27, 2009, no applicant

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) reduce roof pitch; and

2) reduce street landscape width.

 

WAIVERS OF CONDITIONS of a zone change (ZC-1662-05) requiring the following: 

 

1) detached sidewalk along Gilespie Street; and

2) full off-sites (along Gilespie Street).

 

DESIGN REVIEW to allow a non-residential design for an office building on a portion of 1.0 acres in a C-P (Office and Professional) Zone.  Generally located on the southwest corner of Windmill Lane and Gilespie Street within Enterprise.  BCC morning agenda item # 39

 

 

13.   WT-0200-09 – CHRISTOPHER HOMES, LLC:  TAB Approved

1.  Major Projects – Engineering bullet #1 to read: 2 years to complete per Clark County off-site inspectors

 

WAIVER to extend the time limit for an improvement bond in conjunction with a residential subdivision in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community.  Generally located 230 feet north of the intersection of Robert Trent Jones Lane and Oakland Hills Drive within Enterprise. 

 

Economic conditions warrant additional time for these bond extensions.  The applicant felt two years would be needed to complete this project. Major projects has reviewed the bonds and considered them adequate to complete the required construction.  BCC morning routine action item # 20

 

14.   WT-0201-09 – THE ENCLAVE AT SOUTHERN HIGHLANDS PARCEL 304:  TAB Approved

1. Major Projects – Engineering bullet #1 to read: 2 years to complete per Clark County off-site inspectors

 

WAIVER to extend the time limit for an improvement bond in conjunction with a residential subdivision in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community.  Generally located on the east side of Goett Golf Drive and the south side of Highlander Golf Lane within Enterprise.

 

Economic conditions warrant additional time for these bond extensions.  The applicant felt two years would be needed to complete this project. Major projects has reviewed the bonds and considered them adequate to complete the required construction.  BCC morning routine action item # 21

 

 

 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:

 

None

 

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.

 

12.       WT-0143-09 – RHODES RANCH, GP:

HOLDOVER WAIVER to extend the time limit for an improvement bond in conjunction with a residential development in an R-E (Rural Estates Residential) Zone, an R-2 (Medium Density Residential) Zone, all in a P-C (Planned Community Overlay District) Zone in the Rhodes Ranch Master Planned Community.  Generally located 1,950 feet east of Fort Apache Road, on the south side of Wigwam Avenue (alignment) within Spring Valley and Enterprise. SB/co/co

 

 

BCC AGENDA ITEMS (Morning):

 

None

 

BCC (Afternoon):

ORDINANCES – INTRODUCTION

46.       ORD-0563-09:

That the Board of County Commissioners introduce an ordinance to amend Titles 10 and 30 to establish provisions to increase the number of dogs or cats allowed within unincorporated Clark County if the owner meets provisions set forth in Title 30; and direct staff accordingly.

An ordinance to amend Titles 10 And 30, Chapters 10.08, 30.08, 30.16, 30.44 Sections 10.08.130 and 30.08.030 and Tables 30.16-4 And 30.44-1 to allow for an increased number of dogs or cats subject to conditions and board approval and providing for other matters properly related thereto.

ORDINANCES - PUBLIC HEARING

 

 

 

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.

 

Attachment 1

 

Procedures For Enterprise Land Use Hearings

 

The 2009 Enterprise Land Use Plan has the largest number of request ever submitted (300+)for an a land use plan.  The Enterprise TAB must insure each request is give a through hearing prior to our recommendation.  To ensure all points of view are heard and considered the following rules/procedures will be in effect for the Enterprise Land Use hearings.

 

The following procedures will be use for the Enterprise land use hearings

 

1.                   Each speaker will be limited to 3 minutes for their presentation.

2.                   Individuals will have one minute to respond to TAB member questions

3.                   The TAB expects the remarks to be to the point and related to the property being discussed.

4.                   Each speaker will fill out the roster of speakers with their name, address and the item number they are speaking         on.

5.                   Once the public discussion is close the TAB will not entertain any additional public comments.

6.                   All speakers will conduct themselves in a businesslike manner.

7.                   Turn off or silence all cell phones.

8.                   Any discussion not directly related to the item being discussed by the TAB should be conducted outside the         meeting room.

 

Suggestions for your presentation at the Podium

 

1.       Be brief and focused

2.       When a group is present have one or two individuals present the group position.

3.       Coordinate presentations so that each speaker covers a different aspect of the issue: do not repeat each other's points.

4.       Any additional comments should be limited to new information only. 

5.       Clearly state the reasons you are for or against the land use change under review.

a.       How would this land use change your neighborhood?

b.      Is this land use appropriate for your neighborhood?

c.       Is acreage sufficient for the intended purpose?

d.      Does this land use provide a smooth transition between land uses.

e.      Is there adequate land available for buffering?

f.        What would be the effects on current residents/business?

g.       Is there sufficient infrastructure to support this land use?

h.      What is your vision of the neighborhood in the future?

6.       Use notes, maps, and pictures to illustrate your points

7.       Be polite; use respectful language no matter how badly others behave