ENTERPRISE TAB WATCH

 

Results May 27, 2009

 

Planning Commission 7:00 P.M., Tuesday, May 2, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, May 3, 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

 

The next step for the Enterprise Land Use Plan is the review and approval by the Planning Commission.  This meeting will be held on June 18, 2009 at 6:00p.m., Clark County Commission Chambers, Clark County Government Center, 500 S. Grand Central Parkway.  To have your voice heard, please plan on attending this meeting.

 

 

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

 

Enterprise Town Advisory Board

AGENDA

 

CALL TO ORDER*:

 

Approve the Agenda with any corrections, deletions or changes. Approved

 

Approve the Minutes for the meetings held on April 29, 2009, 2 May, 2009, 9 May 2009 and May 13, 2009.

April 29, 2009 Minutes were Approved as published (5-0)

                  May 2, 2009 Minutes were Approved as published (5-0)

                  May 9, 2009 Minutes were Approved as published (5-0)

                  May 13, 2009 Minutes were Approved as published (5-0)

 

The maps with the Enterprise TAB results will be available on the county web site after June 1, 2009.  The link below will take you to the page where the latest results of the Enterprise Land Use Plan can be found.

 

Draft Enterprise Land Use Plan

 

COMMITTEE REPORTS

                                   

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

 

The committee has recognized five areas of concern:

 

1. Residential H-1 interface, Las Vegas Blvd South, east side

2. Residential/industrial interface, i.e. 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. Land use policies along section line roads

 

Next meeting date will be June 4, 2009.

 

 

PUBLIC COMMENTS:  ZONING AGENDA

 

SEE ATTACHMENT H

SEE ATTACHMENT A

 

THE FOLLOWING SPECIAL AGENDA ITEM WILL BE HEARD FOLLOWING THE ZONING AGENDA ITEMS (ATTACHMENT H and A) BUT NOT PRIOR TO 7:00 P.M.

 

ItemThat the Enterprise Town Advisory Board hold a public meeting for a Major Update to the Enterprise Land Use Plan Goals & Policies and take appropriate action.

 

The TAB reviewed and approved a number of changes to the Enterprise Land Use Plan’s Goals and Policies.  These changes will be available on the county web site in the near future.

 

 

PUBLIC COMMENTS: 

 

The road alignment at the intersection of Starr and Bermuda needs to be realigned.  The current travel lane on Bermuda, south of Starr, is aligned with the south bound travel lane north of Starr.  North/south vehicles at intersection are head on when in their travel lane.

 

NEXT MEETING DATE:

 

June 10, 2009

6:30p.m.Enterprise Library

25 E. Shelbourne Avenue, Las Vegas Blvd. South

 

ADJOURNMENT:

 

ENTERPRISE TOWN ADVISORY BOARD ZONING AGENDA WEDNESDAY, 6:30 P.M., MAY 27, 2009

 

ATTACHMENT H

 

06/02/09 PC

 

H-1. UC-0159-09 - USA:  TAB held this item with the applicant’s consent until June 10, 2009

 

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. 

 

This item was held to address a number of design concerns by the staff and TAB.   The applicant is willing to make the changes to eliminate the staff objections to the project. The TAB opinion is the design review going forward should be the actual plan, not a series of promises on how the plan will change.  PC agenda item #16

 

 ATTACHMENT Α

 

06/02/09 PC

 

1.       UC-0273-09 – LAEDWEN, LLC: No applicant: held by the TAB until July 1, 2009

 

USE PERMIT for tire sales and installation

.

DESIGN REVIEW for a remodel of an existing retail building on a portion of 1.9 acres in a C-2 (General Commercial) Zone. Generally located on the southwest corner of Rainbow Boulevard and Cougar Avenue within Enterprise.  PC routine action agenda item #7

 

06/03/09 BCC

 

2.       UC-0287-09 – PETERSON SOUTH DEVELOPMENT, LLC: Held by Applicant to July 1, 2009

 

USE PERMIT to allow outside storage to be stacked above the height of the screened wall.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) eliminate parking lot landscaping;

2) allow a modular building with a flat roof without a parapet wall; and

3) reduce setbacks.

 

WAIVERS OF CONDITIONS of a zone change (ZC-1029-01) requiring the following:

 

1) landscaping equivalent to B-1 landscaping (tree/shrub combination) along all exterior street frontages;

2) landscaping equivalent to B-2 landscaping adjacent to the west property line to match the conditions of approval of the parcel to the north per ZC- 13 90-98;

3) an intense landscape buffer along Westwind Road; and

4) zone change (ZC-041 1-03) requiring a 6 foot high decorative block wall with required landscaping along Duneville Street.

 

DESIGN REVIEW for a modular office building in conjunction with an existing outside storage yard on 4.6 acres in an M- 1 (Light Manufacturing) Zone. Generally located on the east side of Duneville Street, 300 feet north of Mesa Verde Lane within Enterprise.  BCC agenda item #30

 

3.       WS-0229-09 – DIAMOND WINDMILL, LLC:  Withdrawn by the applicant without prejudice

 

HOLDOVER 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 agenda item #31

 

4.       WT-0268-09 – BEAZER HOMES: TAB approved per staff conditions

 

WAIVER to extend the time limit for an improvement bond in conjunction with a residential subdivision in a P-F (Public Facility) Zone and an R-2 (Medium Density Residential) Zone, all in the P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community. Generally located on the west side of Starr Hills Avenue, south of Tinazzi Way within Enterprise. 

 

The applicant was not present.  The normal procedure for the TAB would be to hold the item for a hearing at a later date.  This application would be an administrative approval if the project was under Title 30 rather than Title 29.  The TAB decided to move the application for the reason above.  In addition, the Major Projects, Engineering has stated there are sufficient bonds to finish the project.  BCC routine action agenda item #23

 

5.       WT-0269-09 – BEAZER HOMES: TAB approved per staff conditions

 

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 west side of Starr Hills Avenue, north and south of Tinazzi Way within Enterprise. 

 

Same as # 4  BCC routine action agenda item #24

 

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.

 

 

5.         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:

 

14.       VC-0431-98 (ET-0081-09) - ERGON ASPHALT PRODUCTS, INC:

HOLDOVER 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. SB/ar/mh

TAB approved per staff conditions:

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

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. 

 

 

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):

 

 

26.       ZC-0252-09 – BLM USA AND CLARK COUNTY PARKS AND RECREATION:

HOLDOVER 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). SB/mk/co

39.       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. 

 

There is considerable resident opposition to this application. 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’s Edge master plan.  The area is currently office professional and should remain so for now.

PC Action - Approved
Waiver of Conditions was Withdrawn

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

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

 TAB Denied

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.  

The proposed land use change for this property was denied by the TAB during the Enterprise land us hearings

PC Action - Denied

BCC (Afternoon):

47.       CP-0076-09:

That the Board of County Commissioners initiate the adoption process for a Major Update to the Enterprise Land Use Plan, refer the amendment to the Clark County Planning Commission for a public hearing(s) to consider its adoption as an amendment to the Clark County Comprehensive Plan, and indicate the Board’s intent to receive the Planning Commission’s recommendations within ninety (90) days in accordance with Clark County Unified Development Code, Section 30.12.035.  

ORDINANCES – INTRODUCTION              None concerning Enterprise

 

ORDINANCES - PUBLIC HEARING

50.       ORD-0627-09:

That the Board of County Commissioners consider 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.

 

 

 

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.