ENTERPRISE TAB WATCH

 

Results July 15, 2009

 

Planning Commission 7:00 P.M., Tuesday, July 21, 2009.

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

 

 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.

 

CP-0076-09: That the Board of County Commissioners hold a public hearing to review the proposed changes on a Major Update to the Enterprise Land Use Plan.

 

 

CLARK COUNTY PLANNING COMMISSION

COMMISSION CHAMBERS

CLARK COUNTY GOVERNMENT CENTER

500 S. GRAND CENTRAL PARKWAY

9:00 AM, Wednesday, August 5, 2009

 

 

The latest information on the Enterprise Land Use Plan Major Update can be found on the Clark County web site.  The link below will take you to that information:

 

Draft Enterprise Land Use Plan

 

 

The Enterprise TAB will continue the hearing on parks in Mountain’s Edge

 

CLARK COUNTY PLANNING COMMISSION

COMMISSION CHAMBERS

CLARK COUNTY GOVERNMENT CENTER

500 S. GRAND CENTRAL PARKWAY

6:30 PM, Wednesday, August 12, 2009

 

 

CALL TO ORDER*:

 

            Approve the Minutes for the meetings held on June 23 and July 1. 2009 TAB approved

 

COMMITTEE REPORTS

 

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

 

PUBLIC COMMENTS:   None

 

NEXT MEETING DATE

 

July 29, 2009, 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

ATTACHMENT H

 

H 1.     UC-0159-09 - USA: 

Held by the applicant to Aug 12, 2009 TAB

 

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 Bermuda Road and Chartan Avenue (alignment) within Enterprise. 

 

There is an indication that the applicant has interest in another property and will not pursue this application.  Not on the PC or BCC agenda

 

H 2.     TA-0356-09 - HERITAGE SQUARE HOMEOWNERS ASSOCIATION: 

TAB Approved

 

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. 

 

The watchman’s quarters were permitted under Title 29.  The use permit expired and could not be renewed under the newer Title 30.  This text amendment is very narrow in scope as it limited to HOA controlled R-V and/or boat storage yards.  It does allow the HOA that can meet the condition to provide better security for high valve vehicles and boats.

 

 

ATTACHMENT A

 

07/21/09 PC

 

1.         UC-0814-98 (ET-0153-09) – MAJESTIC NEVADA PROPERTY HOLDINGS, LLC:

TAB approved

Current Planning bullet #1 to read: Until June 18, 2012 to review.

 

USE PERMIT FOURTH EXTENSION OF TIME to review deviations from improvement standards for the following:

 

1) 2 temporary modular buildings to be used as offices, uniform storage area, and employee dressing rooms; and

2) Deviations as shown per plans on file for the Silverton Resort Hotel for an interior remodel of the casino

 

on a portion of 30.3 acres in an H-1 (Limited Resort and Apartment) (AE-60) Zone and an H-2 (General Highway Frontage) (AE-60) Zone in the MUD-2 Overlay District.  Generally located on the south side of Blue Diamond Road and the west side of Interstate 15 within Enterprise. 

 

The extension of time on this item is appropriate.  The Silverton Resort Hotel has an ongoing expansion plan.  The economic slowdown has slowed the pace of their expansion and the result is this extension of time.  The staff is concerned that the temporary buildings have been in place too long and will not support a time extension beyond this one. 

 

There is a concern that multiple time extensions are being granted on projects that will never see a shovel in the ground.  The project design is being maintained to boost the property value for sale.  In many cases, it is time to examine what project type the market will support on a site. The Silverton does not fall into this category.  PC routine action item # 4

 

2.         UC-0780-02 (ET-0166-09) – KNAUFF, CARL AND PEGGY:

TAB approved per staff condition

 

USE PERMITS SECOND EXTENSION OF TIME to review the following:

 

1) Establish a dental laboratory as a home occupation; and

2) Allow employees who are not family members

 

in conjunction with an existing residence on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southeast corner of Camero Avenue and Lisa Lane within Enterprise. 

 

The applicant has done an excellent job of complying with the use permit conditions.  One adjacent home owner posed the question of how the HOA rules applied.  They were advised that this is a matter between the applicant and the HOA.  It is the applicant’s responsibility to comply with the HOA rules.  PC routine action item # 5

 

3.         UC-0557-08 (ET-0159-09) – PETERSON, WALLY AND CHARLENE:

TAB held for until 29 July with the applicant’s approval

 

USE PERMITS FIRST EXTENSION TIME to review the following:

 

1) Reduced minimum lot area; and

2) reduced landscaping.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Eliminate parking; and

2) Reduced building separation.

 

WAIVER OF CONDITIONS of a use permit (UC-0557-08) requiring the execution of a Restrictive Covenant Agreement.

 

DESIGN REVIEW for a residential boarding stable facility in conjunction with a single family residence on 1.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the south side of Shelbourne Avenue, 150 feet west of Edmond Street (alignment) within Enterprise. 

 

The applicant raised an objection to the restrictive covenant agreement.  Their argument was the agreement was not specific to their property.  The copy presented to the TAB was general in nature and appeared to have the possibility to commit the applicant to improvement well beyond their property.  The TAB will not move this item forward without knowing more about how the restrictive covenant is applied.

 

This application also raised another point.  The county is asking a small horse boarding operation to meet the standards for a much larger operation.  It is reasonable to regulate the health and safety standards for the horses.  However, defining the operation by the property size in not appropriate for residential boarding stables.  The property size should determine the number of horses that can be boarded.  These small boarding operations should be treated more as a home occupation rather than a commercial operation.  There is a real need for residential boarding stables in Enterprise and Title 30 should help accomplish that purpose rather than hinder it.  PC agenda item # 17

 

                       

4.         WS-0385-09 – JOHNSON HOLDINGS, LLC:

TAB denied

Exceeds county noise standards and height is inappropriate in a residential area.

 

WAIVER OF DEVELOPMENT STANDARDS to increase height for an electrical generation wind turbine tower (to 137 feet where 25 feet is the standard for an accessory structure (a 448% increase) on 2.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the south side Pyle Avenue (alignment) and the west side of Hinson Street within Enterprise. 

 

Recent changes to the Nevada Resided Statues (NRS) allows solar and wind alternative energy systems in any zone district.  It also, allows the BCC to exercise judgment on noise, height and safety.

 

Part of the current change is “Wind energy towers proposed in Clark County are guided by the Nevada State Law and the Nevada Revised Statutes (NRS) particularly NRS 278.0208, Subsection 1 (derived from Senate Bill 114 effective July 1, 2009) which reads: Except as otherwise provided in subsection 2:

 

 (a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his property;

 

(b) Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his property is void and unenforceable.

 

2. The provisions of subsection 1 do not prohibit a reasonable restriction or requirement:

 

(a) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or

 

(b) Relating to the height, noise or safety of a system for obtaining wind energy.” 

 

The TAB liked the technology involved in this project.  However, the TAB agreed with the Staff analysis that the height is too tall for a residential area.  In addition, the data submitted by the applicant demonstrated the noise level exceeded the county noise standard for residential areas.  The safety aspect of the project was not addressed in the staff report.

 

It is interesting to note Civil Engineering had no comment on a 137 ft tower in a residential neighborhood.

 

Other questions need to be answered:

·         What is the safe separation between wind turbines? 

·         What is the safe separation to residential or commercial structures?

·         Will the height of future development disrupt the wind pattern needed for efficient power generation?

·         What are the effects on adjacent property owners/neighborhoods? 

·         Do the adjacent property owners need to consent? 

·         What are the design standards? 

·         What are the construction standards?

·         Are there environmental impacts that need to be considered?

 

These are items that need to be addressed in Title 30 and the building codes to accommodate the recent changes to NRS on alternative energy.  The BCC should be requested to initiate action in this area.  PC agenda item # 20

 

 

5.         WS-0394-09 – FAIRMONT 1, INC:

TAB approved

 

WAIVER OF DEVELOPMENT STANDARDS to increase the height of residences within a single family residential subdivision on 4.0 acres in an R-2 (Medium Density Residential) Zone in the MUD-3 Overlay District.  Generally located east of Decatur Boulevard on the north and south sides of Camero Avenue within Enterprise.  PC routine action item # 15

 

 

07/22/09 BCC

 

6.         DR-0902-08 – BUREAU OF LAND MANAGEMENT:

Held by the applicant until the August 12, 2009 meeting of the Enterprise TAB at Clark County Government Center Chambers

 

HOLDOVER DESIGN REVIEW for a public park and all associated uses on an approximate 0.6 acre portion of a 300.0 acre site in a P-F (Public Facility) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located on the west side of Buffalo Drive and the south side of Mountains Edge Parkway within Enterprise.  BCC morning agenda item # 16 

 

7.         DR-0903-08 – BUREAU OF LAND MANAGEMENT AND CLARK COUNTY PARKS AND RECREATION:

Held by the applicant until the August 12, 2009 meeting of the Enterprise TAB at Clark County Government Center Chambers

 

HOLDOVER DESIGN REVIEW for a public park and all associated uses on approximately 15.0 acres in a P-F (Public Facility) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located on the southwest corner of Cimarron Road and Montecito Ridge Road within Enterprise.  BCC morning agenda item # 17

 

8.         DR-0904-08 – BUREAU OF LAND MANAGEMENT and CLARK COUNTY PARKS AND             RECREATION:

Held by the applicant until the August 12, 2009 meeting of the Enterprise TAB at Clark County Government Center Chambers

 

HOLDOVER DESIGN REVIEW for a public park and all associated uses on approximately 20.0 acres in a P-F (Public Facility) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located 280 feet north of Mountains Edge Parkway, 630 feet east of El Capitan Way within Enterprise.  BCC morning agenda item # 18 

 

9.         DR-0905-08 – BUREAU OF LAND MANAGEMENT:

Held by the applicant until the August 12, 2009 meeting of the Enterprise TAB at Clark County Government Center Chambers

 

HOLDOVER DESIGN REVIEW for a public park and all associated uses on approximately 15.0 acres in a P-F (Public Facility) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located on the northwest corner of Erie Avenue and Montessouri Street (alignment) within Enterprise.  BCC morning agenda item # 19 

 

10.       UC-0553-07 (ET-0167-09) – MORGAN SLOAN, LLC:

TAB held for 30 days - no applicant

 

USE PERMITS FIRST EXTENSION OF TIME to commence the following:

 

1) A proposed child day care (preschool) use; and

2) Accessory structure roof pitch.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) A portion of the street landscape buffer; and

2) Permit secondary access to a residential local street.

 

DESIGN REVIEW for a child day care facility on 2.0 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the northeast corner of Buffalo Drive and Irvin Avenue within Enterprise.

BCC routine action item # 7 

 

11.       UC-0393-09 – CARMINE VENTO AND ANN VENTO REVOCABLE FAMILY TRUST:

TAB approved

Current Planning condition added:

Require dust mitigation with use of approved air quality control materials on the overflow parking area.

 

USE PERMIT to reduce the separation between an on-premise consumption of alcohol establishment (supper club) and a residential use.

 

WAIVER OF DEVELOPMENT STANDARDS to reduce parking.

 

DESIGN REVIEW for a supper club on 0.8 acres in a C-2 (General Commercial) Zone in the MUD-3 Overlay District.  Generally located adjacent to the northeast corner of Southern Highlands Parkway and Dancing Winds Place (alignment) within Enterprise. 

 

This is a developed property that has been vacant for several years.  The supper club is a good addition to the area.

 

The TAB’s primary concern is customer and staff parking on the unpaved lot adjacent to the restaurant.  The parking waiver is based upon the use of unpaved adjacent parking. The TAB recommendation is an approved dust control material be use on the unpaved areas until the surround lots are developed.  BCC routine action item # 12 

 

12.       ZC-0384-09 – DURANGO SQUARE, LLC:

TAB approved with added conditions:

Current Planning:

§         Rear doors to be emergency exits only.

§         Business operations restricted to daylight hours: 6:00am to 10:00pm.

§         Wall on north property line to be 8 feet high.

Civil Engineering:

§         Requirement for cross access to future commercial development on property to North and East.

 

ZONE CHANGE to reclassify 2.0 acres from R-E (Rural Estates Residential) Zone to C-1 (Neighborhood Commercial) Zone for a commercial center.

 

WAIVER OF DEVELOPMENT STANDARDS for commercial access onto a local street (Cougar Avenue).

 

DESIGN REVIEW for a commercial center.  Generally located on the northeast corner of Durango Drive and Cougar Avenue within Enterprise (description on file). 

 

This area is in transition from large residential lots to commercial.  The project was presented  to the TAB two years ago with strong objections from the surrounding residents.  The applicant has done an excellent job of addressing the adjacent resident’s objections.  The applicant, residents and SWAN have worked together to arrive at the current design and conditions.

 

The applicant has stated they will use 15 ft light poles and an 8 ft wall on the north side.  The TAB  included the 8 ft wall condition to forestall any waiver action required.

 

Civil Engineering did not have a condition for cross access to the north and east properties.  The TAB felt this is necessary for future traffic flows as the area becomes commercial.  It will reduce the curb cuts on Durango and help reduce the traffic on Cougar.  The applicant has made provision for the cross access in their plans.  The question of how to control east bound traffic on Cougar is not addressed.  See the comment below.

 

The other conditions from the TAB are meant to protect the current residents during the transition to commercial in the area.  The rear doors as emergency exit only help protect the privacy of the adjacent residents.  The condition for business hours is the county definition of daylight hours(6:00am to 10:00pm).  This, again, to  protect the current residents from 24 hour operations.  This is a condition that could be removed when the current adjacent residences are converted to commercial or offices.

 

One line in the staff report needs further explanation.

 

 To minimize concerns regarding commercial traffic traveling east into the RNP area, the Board may consider limiting access into the adjacent neighborhood to the east.”

 

No additional explanation was provided by the staff member present.  Does this mean the Staff is considering some type of traffic control for the RNP to the east.  The TAB has consistently advocated the development of traffic plans for the RNP-1 areas.  This is required because of the way an RNP-1 is developed.  The RNP-1 does not have tentative maps or subdivision maps that define the neighborhood and traffic patterns.  Major projects and other subdivisions have one or two entrances which control traffic and virtually eliminate cut-through traffic.  The RNP-1 is a series of cross-hatched roads with little or no traffic control.  The RNP-1 should have traffic plans with specific goals developed by Civil Engineering and the residents.  These plans should be approved by the BCC and used to direct future development and guide local road vacations.  BCC routine action item # 15 

 

 

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.

No items of interest to Enterprise

 

PC AGENDA:

No items of interest to Enterprise

 

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.

No items of interest to Enterprise

 

BCC AGENDA ITEMS (Morning):

 

20.       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 (Urban Village – Mixed-Use) (AE-60) Zone in the MUD-3 Overlay District.   Generally located on the west side of Maryland Parkway and the north side of St. Rose Parkway within Enterprise. SS/dk/dr

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. 

 

The 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 negative comments from Enterprise residents who view this as light pollution. 

 

Signage was not part of the application.

21.       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 Maryland Parkway and the north side of St. Rose Parkway within Enterprise. SS/dk/dr  See comments for item #21

 

BCC (Afternoon):

No items of interest to Enterprise

ORDINANCES – INTRODUCTION

No items of interest to Enterprise

ORDINANCES - PUBLIC HEARING

No items of interest to Enterprise

 

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.