ENTERPRISE TAB WATCH

 

Results May 13, 2009

 

Planning Commission 7:00 P.M., Tuesday, May 19, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, May 20, 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

 

Note: If you click on the blue underlined text it will take you to the detailed documents to explain the agenda item.

 

COMMITTEE REPORTS

 

1.         Receive a report from the Enterprise TAB Residential Buffering Sub-Committee and take any action deemed necessary.

 

The Sub-Committee will continue to study ways to buffer residential areas from areas of higher use.

The next committee meeting date is May 14, 2009.

 

PUBLIC COMMENTS:  NONE

 

 

ZONING AGENDA

 

            SEE ATTACHMENT A

 

PUBLIC COMMENTS: NONE

 

 

NEXT MEETING DATE

May 27, 2009 6:30p.m.

Clark County Commission Chambers

Clark County Government Center

500 S. Grand Central Parkway

ADJOURNMENT:

 

ATTACHMENT A

 

05/19/09 PC

 

1.         UC-0337-07 (ET-0098-09) – SILVER CREEK I, LLC:  TAB approved per staff conditions

 

USE PERMIT FIRST EXTENSION OF TIME to commence a truck rental facility in conjunction with an existing mini-warehouse facility on a portion of 3.0 acres in a C-1 (Local Business) Zone.  Generally located on the west side of Tenaya Way, 150 feet south of Warm Springs Road within Enterprise.  PC routine action item #6

 

2.         UC-0159-09 - USA:  HELD until May 27

 

USE PERMIT for a place of worship.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) full off-sites (excluding paving); and 2) allow access to a local street.

 

DESIGN REVIEW for a place of worship and accessory uses on a 5.7 acre portion of 42.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the northwest corner of Bermuda Road and Chartan Avenue (alignment) within Enterprise.  PC agenda item #14

 

2.         UC-0244-09 – AGMP, LLC:  TAB approved per staff recommendations

Approved: Use Permit #1b, Waivers of Development Standards #1 and #2b

Denied: Use Permits #1a, #2, #3 and #4 and Waiver of Development Standard #2a.

Companion item # 5

 

USE PERMITS for the following:

 

1) allow an accessory structure that exceeds one-half the footprint of the principal structure;

2) allow an accessory structure that is not architecturally compatible with the principal structure;

3) allow cumulative areas of accessory structures to exceed the footprint of the principal structure; and

4) allow vertical metal siding on an accessory structure where decorative or horizontal siding is the standard.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) increase wall height; and

2) increase accessory structures height

 

on 2.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the south side of Torino Avenue (alignment) and the west side of Tomsik Street within Enterprise.  PC agenda item #16

 

4.         VS-0239-09 – PLACID PLACE, LLC:  TAB approved per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Eldorado Lane and Maudling Avenue (alignment), and between Placid Street and Fairfield Avenue in an R-E (Rural Estates Residential) (RNP-I) Zone within Enterprise (description on file).  PC routine action item #9

 

5.         VS-0246-09 – AGMP, LLC:  TAB approved per staff conditions   Companion item #3

 

VACATE AND ABANDON easements of interest to Clark County located between Torino Avenue and Pebble Road, and between Gagnier Boulevard and Tomsik Street in an R-E (Rural Estates Residential) (RNP-I) Zone within Enterprise (description on file).  PC agenda item #15

 

6.         WS-0243-09 – MONTANA CONDOMINIUMS HOMEOWNERS’ ASSOCIATION:  TAB approved

 

WAIVER OF DEVELOPMENT STANDARDS to increase wall/fence height in conjunction with an existing condominium complex on 17.5 acres in an R-3 (Multiple Family Residential) Zone.  Generally located on the south side of Silverado Ranch Boulevard, 660 feet east of Bermuda Road within Enterprise.  PC agenda item #17

 

05/20/09 BCC

 

7.         NZC-1153-03 (ET-0092-09) – HUDGENS, RICHARD:  HELD until June 10

 

ZONE CHANGE SECOND EXTENSION OF TIME to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a plant nursery.  Generally located on the west side of Decatur Boulevard and the south side of Mesa Verde Lane within Enterprise.  BCC routine action item #8

 

8.                  WT-0255-09 – LAND DEVELOPMENT, INC:  TAB Approved per staff conditions except

Staff conditions: Major Projects – Engineering bullet #1 changed 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) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the north side of Wigwam Avenue and the east side of Rainbow Boulevard within Enterprise.  BCC routine action item #24

 

9.         ZC-0252-09 – BLM USA AND CLARK COUNTY PARKS AND RECREATION:  TAB approved per staff conditions

 

ZONE CHANGE to reclassify 85.4 acres from R-E (Rural Estates Residential) Zone to P-F (Public Facility) Zone for a public park and all associated uses.

 

USE PERMIT for a public park and associated uses.

 

DESIGN REVIEW for a public park and all associated uses including, but not limited to, ball fields, concession/restroom, maintenance buildings, ramadas, shed structures, and playground equipment on 35.0 acres in a P-F (Public Facility) Zone.  Generally located 1,000 feet south of Starr Hills Avenue and east of Decatur Boulevard (alignment) within Enterprise (description on file).  BCC routine action item # 27

 

 

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.

 

PC AGENDA:

 

13.       UC-0098-09 – MILTON, ROGER:

HOLDOVER 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. SS/mh/es

TAB Denied: 

Due to numerous code infractions, public complaints, and non-conformities with Title 30 code.

Until such time that these might be resolved.

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.

 

19.       NZC-0203-09 – NEW DIRT, LLC:

HOLDOVER 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). SS/dg/dc

 

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.

 

13.       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

 

25.       UC-0151-09 – LARSON, MEL AND MARILYN:

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. SS/rs/dr

            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.

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 Action - Approved

 

 

BCC AGENDA ITEMS (Morning):

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

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 met 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. 

 

TAB update:  The TAB did not approve a land use change for this area during the Enterprise Land Use Major Update.  Rainbow south of Blue Diamond, west side, should be considered in two years and coordinated with the mountain edge master plan.  The area is currently office professional and should remain so for now.

PC Action - Approved
Waiver of Conditions was withdrawn

 

BCC (Afternoon)

39.       AG-0646-09:

That the Board of County Commissioners discuss the Planning Commission’s procedures regarding continuances of applications and direct staff accordingly.

ORDINANCES – INTRODUCTION

40.       ORD-0627-09:

That the Board of County Commissioners introduce an ordinance to notify registered property or home owner’s associations of land use applications within a specified radius of the association; and direct staff accordingly.

An ordinance to amend Title 30, Chapter 30.16, Section 30.16.230 to notify registered property or homeowner’s associations of land use applications within a specified radius of the association and providing for other matters properly related thereto.

 

ORDINANCES - PUBLIC HEARING

 

45.       ORD-0563-09:

That the Board of County Commissioners consider 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.

46.       HOLDOVER 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 stated 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.