Planning Commission 7:00 P.M., Tuesday, July 7, 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 latest information on the Enterprise Land Use Plan Major
Update can be found on the
Note: If you click on the blue
underlined text it will take you to the detailed documents to
explain the agenda item or information on the
CALL TO ORDER*:
1. Approve the Agenda with any corrections, deletions or changes.
2. Approve the
Minutes for the meeting held on
1. Receive a report from the Enterprise TAB Residential Buffering Sub-Committee and take any action deemed necessary.
Then Residential Buffer Sub-committee has not set a next meeting date. Their efforts are directed to writing a first draft of their report. The suspense date for this draft is July 15 July.
Walter Cairns, of Current Planning, announced
(by letter) that the complete Enterprise Land Use Plan updates are available on
2. A resident of the Mountain’s Edge community had questions concerning the types/style of houses being marketed by a new developer. They were advised to contact Major Projects for answers to their questions. If a house design complies with the Clark County Development code and is allowed by the Major Project Plan it would be an administrative approval. The TAB would only hear the exception to the development code.
SEE ATTACHMENT A
1. A property owner had a question about a Land Use Plan change request. He was advised to speak with Current Planning.
2. An HOA board member from Desert Willows had a question about graffiti control and was referred to the TAB liaison.
NEXT MEETING DATE
25 E. Shelbourne Avenue,
1. UC-0274-08 (ET-0136-09) – OLYMPIA DEVELOPMENT CORPORATION: TAB approved per staff conditions
USE PERMIT FIRST EXTENSION OF TIME to commence
modified development standards on approximately 700.0 acres in an R-2 (Medium
Density Residential) Zone, an R-3 (Multiple Family Residential) Zone, a C-2
(General Commercial) Zone, and an H-1 (Limited Resort and Apartment) Zone all
in a P-C (Planned Community Overlay) Zone in the Southern Highlands Master
Planned Community. Generally located on the south side of Golf
2. UC-0159-09 -
HOLDOVER 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
This item has been held for the third time. The TAB is concerned about the number of times this application has been held and the applicant’s intentions. There are indications that the applicant is looking at another property for this project. The applicant should declare their intentions rather than simply letting this application float. PC agenda item # 19
3. UC-0340-09 – SOUTH POINT INVESTORS, LLC, ET AL: TAB approved per staff conditions
USE PERMIT for a minor training facility in
conjunction with an existing office complex on a portion of 1.9 acres in a C-P
(Office and Professional) Zone.
Generally located on the
south side of
The plans depict a minor, computer, training facility in an approximate 5,000 square
and certification training are offered for information technology, healthcare, and business fields
during flexible morning, afternoon, evening, weekend, and online classes. Less than 30 students
will be instructed at the same time at the facility.
is a good addition to the
4. UC-0359-09 - TURNBERRY CENTRA SUB, LLC: TAB approved per staff conditions
USE PERMIT for a banquet facility in conjunction
with a personal services use (day spa) in a shopping center (
5. VS-0342-09 –
TAB approved per staff conditions
VACATE AND ABANDON easements of interest to Clark County located between Arville Street (alignment) and Cameron Street (alignment), and between Serene Avenue (alignment) and Richmar Avenue (alignment), and a portion of a right-of-way being Cameron Street (alignment) located between Meranto Avenue (alignment) and Richmar Avenue (alignment) in a P-F (Public Facility) (AE-60) Zone, an M-D (Designed Manufacturing) (AE-60) Zone, and an R-E (Rural Estates Residential) (AE-60) Zone within Enterprise (description on file).
This application is part of the NV National Guard Armory expansion. Several residents had trouble interpreting the notice they received in the mail. They wanted to know exactly what is being vacated. The map presented by the applicant gave them all the information they wanted. One resident questioned the easements on his property being changed. The notice that he received was not part of this application. PC routine action item # 11
6. VS-0347-09 – BADURA REDWOOD 16, LLC: TAB approved with added condition
Add a Civil Engineering bullet: Vacate patent easements not required for current road dedication.
VACATE AND ABANDON easements of interest to
The TAB was concerned that the easements to be abandoned were not clearly defined. The Civil Engineering bullets usually are very precise when right of way dedication could be in question. PC routine action item # 12
7. TA-0349-09 – BROWN, BROWN & PREMSRIRUT: TAB denied
If approved: per staff conditions
TEXT AMENDMENT to amend Chapter 30.16, 30.76 and 30.80 of the Unified Development Code to allow off-premise signs (billboards) to be rebuilt on the same parcel.
Two critical pieces of information the TAB needed, not in the staff report, were the original BCC intent for the 2004 billboard ordinance and the effect of the digital bill board ordinance on the current application. Both sides of this issue were represented at the TAB and provided an excellent discussion of their positions. The TAB felt the original intent of the BCC was to reduce the number of billboards. That was the basis for the TAB denial. BCC afternoon agenda item # 33
8. TA-0356-09 - HERITAGE SQUARE HOMEOWNERS ASSOCIATION: TAB held, no applicant
TEXT AMENDMENT to amend Table 30.44-1, Chapter 30.44 to allow watchman’s manufactured home within an approved R-V and/or boat storage yard within a residential subdivision.
No applicant was present, nor did the staff member present have any comments on this item. In previous applications of this type, the staff member present would provide additional information if no applicant was present. With a lack of information, the TAB was reluctant to act and decided to hold this item. BCC afternoon agenda item # 34
9. DR-0312-09 - RICHMOND LIMITED PARTNERSHIP: TAB approved with condition added:
1. Parking lot light poles not to exceed 15 feet high adjacent to residential.
HOLDOVER DESIGN REVIEW for modifications to a mixed-use
project on a portion of 4.5 acres in a U-V (
9 and 10 are companion items. This is a redesign of a project presented two years ago. The project size has been significantly reduced and the overall appearance greatly improved. One reason for the change is the building construction was changed from steel to wood frame at a significant cost reduction. The staff initially opposed this project because it did not have the required pedestrian orientation. The plan presented to the TAB was redesigned with the focus on the pedestrian elements.
The TAB felt that 15 foot light poles for the parking lot next to single family residential property would help reduce light spillover. The applicant thought it would help prevent spill over into the second floor condo windows.
gas canopy lighting source should not protrude below the lower surface of the
canopy. Gas canopies with the lighting
source below the canopy have drawn many comments from
Signage was not part of the application. BCC routine action agenda item # 16
10. DR-0313-09 – RICHMOND LIMITED PARTNERSHIP: TAB approved with conditions added:
1. Design review for signage as public hearing
2. Gas station canopy lighting to be recessed and lighting source not visible.
HOLDOVER DESIGN REVIEW for a convenience store with
gasoline pumps and a car wash on a portion of 4.1 acres in a C-2 (General
Commercial) (AE-60) Zone in the MUD-3 Overlay District. Generally located
on the west side of
See item # 9 for comments. BCC routine action agenda item # 17
11. DR-0355-09 – BLUE DIAMOND RV AND STORAGE, LLC: TAB approved with condition added:
1. Design Review for Lighting and Signage as a public hearing.
DESIGN REVIEW for a swap meet and mini-storage
facility on 4.3 acres in an M-1 (Light Manufacturing) Zone in the MUD-3 Overlay
District. Generally located on the south side of
design review was caused by the BCC’s decision to require
12. UC-0287-09 – PETERSON SOUTH DEVELOPMENT, LLC: TAB approved
1. The Use Permit subject to a 18 month review.
HOLDOVER 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-1390-98;
3) an intense landscape buffer along
4) zone change (ZC-0411-03) requiring a 6 foot high
decorative block wall with required landscaping along
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
This area is an excellent example of how the land use plan was not followed and uses that are not compatible are next to each other. This is an industrial facility that is being surrounded by houses. The area was planned as an industrial area to provide a buffer from the UPRR tracks. There is a good probability that this business will move to a more favorable location as more residential is build in the area.
The staff had recommended several of the waivers not be approved. ie: denial of the use permit, waiver of development standards #3, and waivers of conditions #3, and the required landscaping portion of waiver of conditions #4
The TAB examined each area to which the staff objected. The applicant supplied pictures of each area which greatly helped the TAB decisions. The TAB suggest the applicant look at moving some of their stacked items to the center of the property to reduce the visual effect of the stacks. This was not made a condition and can be looked at with the 18 month review. The TAB felt the current landscape and buffering was adequate.
The modular office building is consistent with those on other industrial sites and should be approved with associated waivers. BCC agenda item # 22
13. ZC-0705-03 (WC-0141-09) –
WAIVER OF CONDITIONS of a zone change requiring
detached sidewalks along
Addition items to be heard by the PC or
BCC. These items were previously heard
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 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
TAB approved per staff conditions:
Current Planning bullet #1 to read: Until
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
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 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
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.
PC Action - Approved
Waiver of Conditions was Withdrawn
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
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 Action - Denied
That the Board of County Commissioners receive and file the report on the Land Use Plan Update Schedule; and direct staff as needed.
ORDINANCES – INTRODUCTION
None of interest to
None of interest to