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:
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
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:
§
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
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.