ENTERPRISE
TAB WATCH
Results July 29, 2009
Planning Commission 7:00 P.M., Tuesday, August 4,
2009.
Board of County Commissioners 9:00 A.M. and 1:00
P.M., Wednesday, August 5, 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
That the Board of County
Commissioners conduct a public hearing and approve, adopt, and authorize the
Chairman to sign a resolution amending the Comprehensive Plan by adopting the
certified draft of the Enterprise Land Use Plan. BCC agenda Item #
19
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
Note:
If you click on the blue underlined text
it will take you to the detailed documents to explain the agenda item.
REGULAR
BUSINESS
1. Approve the Agenda with any corrections,
deletions or changes. TAB
approved with changes
2. Approve the Minutes for the meeting held on
July 15, 2009. TAB
approved
3. COMMITTEE REPORTS:
Receive a report from the Enterprise TAB
Residential Buffering Sub-Committee and take any action deemed necessary. Tabled
until August 26, 2009
PUBLIC COMMENTS AND DISCUSSION
Silverado Ranch
between Arville and Decatur will be open by late August. The opening is waiting for traffic light installation at the
intersection of Dean Martin and Silverado Ranch. This road completion and traffic light was
part of the TAB capital budget request last fall. Commissioner Brager’s efforts has made this
project possible.
ZONING
AGENDA
SEE
ATTACHMENT H: Holdover items
SEE
ATTACHMENT A
NEXT
MEETING DATE
August
12, 2009 6:30p.m.
Clark
County Commission Chambers
Clark
County Government Center, 500 S. Grand Central Parkway
ATTACHMENT
H: Holdover Zoning Applications
H-1. UC-0557-08 (ET-0159-09) – PETERSON, WALLY
AND CHARLENE:
TAB
Approved
Use
permit
Waivers
of Development Standards
Design
Review
Staff
conditions
TAB
Denied
Waiver
of Conditions
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 discussion of this item centered on the
Waiver of Conditions for a restrictive covenant agreement.
A restrictive covenant is an agreement between
the property owner/any future property owner and the County. The agreement is intended to insure some type
of monetary contribution at the time the County deems the roads in question
need to be improved beyond their current condition. The contribution would be
their proportionate share of paying to put in the road that runs in front of
their property.
Now, this document also applies to any SIDs.
Special Improvement Districts are when the County builds the road with County
funds. Then recoups it in a special
assessment tax place on the neighboring properties. The SID is normally repaid over time.
The TAB is fully in favor of residential
boarding stables and supports this application with the exception of the Waiver
of Conditions. The applicant believes
the restrictive covenant wording is too broad, and is very protective of the
county. This could leave the land owner
exposed to a change of development standards or other government decisions. It is possible a government decision could be
made costing the property owner thousands of dollars without a public
hearing. The current text of the
restrictive covenant leads one to believe more than off sites for roads are
included. The restrictive covenant as a
legal document should be made more definitive.
The applicant attends to bring this matter
before the BCC. PC agenda item # 25
ATTACHMENT A Zoning
Applications
08/04/09
PC
1. DR-0390-09 – HKM NEVADA PROPERTIES, LLC:
TAB
Approved per staff conditions
Added
conditions from NDOT Letter of July 22, 2009
1.
Given the limited availability of access on
2. Full half street improvements including curb, gutter, sidewalk, and
street lighting will be required.
3. Note that bus turn outs are not being required for
4. A right turn lane will be required for the driveway on
5.
Approval of the traffic
study does not give consent to construct as presented. An Encroachment Permit from NDOT will be
required for any work performed within State right-of-way.
Review during the
Encroachment Permit process may result in modifications to the proposed
improvements, or denial.
DESIGN
REVIEW for a
drive-thru restaurant on 2.6 acres in a C-2 (General Commercial) Zone. Generally located on the north
side of St. Rose Parkway and the west side of Bermuda Road within Enterprise.
This is the first of several businesses to locate
on this property. The applicant has
taken a number of measures to mitigate the effect of a fast food restaurant on
homes to the west.
It was not possible to determine traffic flow
on the site because the other business types are unknown at this time. The entrances to the site are limited due to
the drainage to the west and short site frontage on Bermuda. The TAB added the NDOT conditions to the
approval of the application. It is
desired that Civil Engineering will add these conditions as required to the
application.
This project has made provisions for the St.
Rose Trail Plan (understandings between the Nevada Department of
Transportation, City of Henderson, and Clark County with the City of Henderson
Parks and Recreation Department serving as the primary lead agency to
facilitate implementation). The trail plan is intended to utilize what is potentially
excess public right-of-way extending along St. Rose Parkway for trails and beautification.
PC routine action item # 4
2. UC-0531-06 & WT-0690-06 (ET-0179-09) –
OLYMPIA GROUP, LLC, ET AL:
TAB
Approved per staff conditions
USE
PERMIT FIRST EXTENSION OF TIME to commence modified residential development standards.
WAIVER to establish modified improvement standards on
approximately 100.0 acres in an R-2 (Medium Density Residential) P-C (Planned
Community Overlay District) Zone and an R-3 (Multiple Family Residential) P-C
(Planned Community Overlay District) Zone in the Southern Highlands Master
Planned Community. Generally located
on the west side of Interstate 15 and the south side of St. Rose Parkway
(alignment) within
Enterprise. PC routine action item # 7
3. UC-0783-07 (ET-0171-09) – WINDMILL DURANGO
RETAIL, LLC:
TAB Approved per staff
conditions with
Current
Planning bullet # 1 changed to read:
Until August 7, 2012 to commence.
USE
PERMITS FIRST EXTENSION OF TIME to commence the following:
1)
allow on-premise
consumption of alcohol establishment (supper club);
2) reduce the separation from an on-premise
consumption of alcohol establishment (supper club) to a residential use; and
3) not maintain a 48 inch pedestrian access around
the perimeter for outside dining.
DESIGN
REVIEW for a
restaurant and retail building on a portion of 19.6 acres in a C-1 (Local
Business) Zone. Generally located
on the east side of Durango Drive and the south side of Windmill Lane within Enterprise.
The applicant has request a 3 year extension
of time which the TAB approved. The
staff recommendation was for two years.
The applicant has built two buildings on the project south end and intends
to complete this project. This applicant
has been very supportive of the surrounding neighborhood.
They worked very well with the adjacent property owners to blend their
project into the neighborhood. Including
engineering and design work that normally would occur after the project has
been approved. This developer needs to
be supported and encouraged. PC routine action item # 10
4. UC-0405-09 – VENTO CARMINE AND ANN M. REV.
FAMILY TRUST:
TAB Approved per staff
recommendations
TAB
approved
Use
Permit
Waivers
of Development Standards 1 and 3
TAB
denied
Waiver
of Development Standard 2
The TAB recommends the
applicant work with Civil Engineering on turn around and throat depth
requirements for property access from Fairfield prior to the PC hearing.
USE
PERMIT to allow
an accessory structure (pool) without a principal structure.
WAIVERS
OF DEVELOPMENT STANDARDS
for the following:
1)
increase wall height;
2)
reduced access gate setback; and
3)
alternative front
yard screening
on 3.6 acres in an R-E (Rural Estates
Residential) (RNP-I) Zone. Generally located
on the south side of Wigwam Avenue and the east side of Fairfield Avenue within Enterprise.
The TAB believes this is an excellent use for
the property. It is essentially a family
compound with one lot being used for recreational purposes.
The primary TAB concern was the gated access
should allow for a turn around and not stack a second vehicle onto Fairfield. Fairfield, at this time, dead ends at the
southern property line. However, the
properties to the south are not developed and Fairfield may be required for
access. This would increase the future
traffic on Fairfield. PC agenda item # 26
5. UC-0410-09 – HOSMER, CARL AND MARY:
TAB Approved with
Current Planning bullet # 1 deleted
USE
PERMIT for
alternative design standards for accessory structures.
WAIVER
OF DEVELOPMENT STANDARDS
for alternative front yard screening standards on 1.1 acres in an R-E (Rural
Estates Residential) (RNP-I) Zone.
Generally located on the north side of Wigwam Avenue,
150 feet east of Warbonnet Way within Enterprise.
Bullet # 1 is a standard item. It does not belong on this request.
This application raises the question about the
use of large metal storage containers and how they are handled in the
development code. The containers will
not meet the requirement to be architecturally compatible with the principle
structure. These containers are being
marketed for storage and other uses. I
suspect we will see more use permit requests for these containers. PC routine action item # 16
6. UC-0413-09
– JONES WINDMILL, LLC
TAB Approved per staff
conditions
Added
condition for sidewalk to match existing sidewalk configuration to the north
and south of the applicant property.
USE
PERMIT for a
congregate care facility.
DESIGN
REVIEW for a
congregate care facility on 2.2 acres in an RUD (Residential Urban Density)
Zone. Generally located
on the west side of Jones Boulevard, 900 feet north of Windmill Lane within Enterprise.
Note: “Congregate
Care Facility” means any commercial building or building complex used or
maintained to provide continuous nursing, dietary and other personal services
to more than 10 people with disabilities or elderly persons who, without the
assistance of any other person, are not physically or mentally capable of
moving himself/herself from the room in which he/she sleeps to outside the
facility in 4 minutes or less, but excluding cases of contagious or
communicable diseases, surgery or primary treatments such as those customarily
provided in sanitariums and hospitals, community residences, and as otherwise
provided for by federal, state, and local regulations.
The applicant has plans for a detached sidewalk. The TAB felt the sidewalk should match the
sidewalk to the north and south of the project for consistency. This condition
should allow the applicant to proceed without having to request a new
waiver. PC routine action item # 17
7. VS-0403-09 – THEREZO, ELIZABETH C.:
TAB Approved per staff
conditions
VACATE
AND ABANDON
easements of interest to Clark County located 300 feet
north of Ford Avenue on the west side of Schuster Street in an R-E (Rural Estates Residential) (RNP-I)
(AE-60) Zone within Enterprise (description on file). PC routine action item # 21
8. VS-0418-09 – CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS:
TAB Approved per staff
conditions
VACATE
AND ABANDON
easements of interest to Clark County located on the
south side of Mountains Edge Parkway, 942 feet west of Buffalo Drive in a C-2 (General Commercial), P-C (Planned
Community Overlay District) Zone in the Mountain’s Edge Master Planned
Community within Enterprise (description on file). PC routine action item # 22
9. WS-0404-09 – WIENS, MAYNARD J., JR.:
TAB Approved per staff conditions
WAIVER
OF DEVELOPMENT STANDARDS
to increase sign area for a freestanding sign in conjunction with an existing
tire sales and installation/automobile maintenance facility on 2.5 acres in a
C-2 (General Commercial) Zone in the MUD-2 Overlay District. Generally located on the
south side of Wigwam Avenue (alignment), 150 feet west of Arville Street within Enterprise.
The TAB’s concern was the sign could be
blocked by future development in the area.
The staff stated the height of the sign could be raised to 50 ft., if
necessary, without a new waiver of development standards as long as the sign
area was not increased. PC routine action item # 23
08/05/09
BCC
10. DR-0557-07 (ET-0178-09) - RONALD REISS FAMILY
TRUST, ET AL:
TAB Approved per staff
conditions
DESIGN
REVIEW FIRST EXTENSION OF TIME to commence a shopping center including a tavern with a banquet
facility and a restaurant with a drive-thru window on 2.5 acres in a C-2
(General Commercial) Zone. Generally located
on the east side of Rainbow Boulevard, 285 feet north of Pyle Avenue within Enterprise. BCC routine action item # 4
11. UC-1381-02 (ET-0183-09) – ELDORADO RESORTS
CORP:
TAB Approved per staff conditions
Companion items 12 and 14
USE
PERMITS THIRD EXTENSION OF TIME to complete the following:
1)
a hotel timeshare
project; and
2) increase building heights for the project
including recreational facilities, registration/office building, maintenance
building, and all other associated accessory and incidental building/structures
and uses.
WAIVER
OF DEVELOPMENT STANDARDS
to reduce front and corner setbacks on 27.0 acres in an H-1 (Limited Resort and
Apartment) Zone in the MUD-1 Overlay District.
Generally located on the southwest corner of Las Vegas
Boulevard South and Le Baron Avenue within Enterprise.
BCC
routine action item # 7
12. UC-0918-06 (ET-0189-09) – EL DORADO RESORTS
CORP:
TAB Approved per staff
conditions
Companion items 11 and 14
USE
PERMIT SECOND EXTENSION OF TIME to commence and review a parking garage.
DESIGN
REVIEW for a
parking garage on a portion of 16.3 acres in an H-1 (Limited Resort and
Apartment) Zone in the MUD-1 Overlay District.
Generally located on the west side of Las Vegas
Boulevard South and the south side of Jo Rae Avenue within Enterprise. BCC routine action item # 8
13. UC-0693-07 (ET-0158-09) – SHORT LINE
HORIZON, LLC:
TAB Approved per staff
conditions
USE
PERMITS FIRST EXTENSION OF TIME to commence the following:
1) reduce the separation from a convenience store
to a residential use; and
2) reduce the separation from a car wash to a
residential use.
DESIGN
REVIEW for a
shopping center on 2.0 acres in a C-2 (General Commercial) Zone. Generally located on the
southwest corner of Fort Apache Road and Longboat Key Avenue within Enterprise. BCC routine action item # 6
14. UC-1439-07 (ET-0182-09) – ELDORADO RESORTS,
CORP:
TAB Approved per staff conditions
Companion items 11 and 12
USE
PERMIT FIRST EXTENSION OF TIME to complete increased building height.
DESIGN
REVIEW for a
hotel timeshare tower on a portion of 27.0 acres in an H-1 (Limited Resort and
Apartment) Zone in the MUD-1 Overlay District.
Generally located on the northwest corner of Las Vegas
Boulevard South and Jo Rae Avenue within Enterprise. BCC routine action item # 9
15. ZC-0575-06 (ET-0170-09) – RAINBOW RAIN,
LLC:
TAB Approved per staff
conditions
ZONE
CHANGE FIRST EXTENSION OF TIME to reclassify 8.0 acres from C-2 (General Commercial) Zone to U-V
(Urban Village - Mixed Use) Zone in the MUD-4 Overlay District.
USE
PERMIT to
increase building height.
DESIGN
REVIEW for a
mixed-use project consisting of residential and commercial components,
including open space and recreational uses.
Generally located on the southwest corner of Rainbow
Boulevard and Pebble Road
within Enterprise (description on file). BCC routine action item # 11
Additional 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.
12. 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
PC AGENDA:
No
additional 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
additional items of interest to Enterprise
BCC AGENDA ITEMS (Morning):
ORDINANCES – INTRODUCTION
(These
ordinances will be scheduled for a public hearing as part of their
introduction)
13. ORD-0873-09:
That the Board of County Commissioners introduce an ordinance to; modify
various affecting sections of Title 30 due to the 2009 legislative session and
direct staff accordingly.
An ordinance to amend Title 30, Chapters 30.04, 30.08, 30.28, 30.36,
30.44, 30.48, 30.56, and Appendix G, Sections 30.04.020, 30.08.030, 30.36.010,
30.36.080; adding Part N Chapter 30.48, Sections 30.48.990, 30.48.1000,
30.48.1010, 30.48.1015, 30.48.1020; 30.56.120, Tables 30.28-1, 30.28-2, 30.44-1
and adding Map 20 to Appendix G, to reflect various changes from the 2009
Nevada State Legislative session and providing for other matters properly
related thereto.
14. ORD-0898-09:
That the Board of County Commissioners introduce an ordinance to allow
animated signs within the CMA Overlay District subject to conditions; and
direct staff accordingly.
An ordinance to amend Title 30, Chapters 30.48, Section 30.48.680 to
modify sign standards within the Cooperative Management Area (CMA) Overlay
District and providing for other matters properly related thereto.
15. ORD-0903-09:
That the Board of County Commissioners introduce an ordinance to update
various regulations in the Clark County Unified Development Code (Title 30);
and direct staff accordingly.
An ordinance to amend Title 30, Chapters 30.08, 30.16, 30.24, 30.44, 30.48, 30.56, 30.60, 30.64, 30.72, Appendix F, Appendix G Map 14, Sections 30.08.030, 30.24.040, 30.44.010. 30.48.550, 30.48.640, 30.48.930, 30.48.935, 30.56.040, 30.56.050, 30.56.080, 30.64.020, 30.64.030, and 30.64.070 Tables 30.16-3, 30.16-9, 30.16-10, 30.44-1, 30.56-2, 30.60-1, 30.60-5, and 30.72-1 Figures 30.56-21, 30.56-22 and 30.56-23 to update various land use requirements and procedures and make corrections and clarifications as appropriate; and providing for other matters properly related thereto.
19.
CP-0076-09:
That
the Board of County Commissioners conduct a public hearing and approve, adopt,
and authorize the Chairman to sign a resolution amending the Comprehensive Plan
by adopting the certified draft of the Enterprise Land Use Plan.
BCC (Afternoon):
The
afternoon will be a continuation of the Enterprise Land Use Plan Major Update
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, organization or group.
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. The additional
comments author’s affiliation with any government board, organization or group
must be clearly identified. This
attribution statement must accompany any distribution of this document.
David D. Chestnut, Sr.