ENTERPRISE TAB WATCH

ENTERPRISE TAB WATCH

Results September 9, 2009

Planning Commission 7:00 P.M., Tuesday, September 15, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, September 16, 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.

REGULAR BUSINESS

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

2. Approve the Minutes for the meeting held on August 26, 2009. Approved

3. TAB appointment of a volunteer to the Department of Finance CDAC.

The TAB approved Peter Sarles as the appointee. David Chestnut will serve as an alternate.

4. Plans for a covered parking area with a solar array on the site of the US Army Armory on

Silverado Ranch Rd. will be announced and discussed.

Tabled until the September 30 2009 meeting

5. Durango Blue Diamond Public Facilities Plan Update (See the attached map for the May 27, 2009

plan for this area.) The TAB was briefed by Public Facilities and Clark County School District personnel on the Durango Blue Diamond Public Facilities Plan Update.

PUBLIC COMMENTS AND DISCUSSION

1. Clark County Comprehensive Planning Staff announced the Winchester/Paradise Land Use Plan Major Update Process Open House on:

Friday, October 23, 2009

Paradise Park Community Center

4775 McLeod Drive:

1:00 PM to 4:00 PM

Paradise boarders the northwest corner of Enterprise along Bermuda on the east and Sunset on the north.

2. Another citizen expressed concern about traffic control on Valley View Blvd. between Warm Springs and Blue Diamond. (The issue was raised by the TAB on August 26, 2009.) The area again needs METRO attention to enforce the speed limit.

3. The Chair stated that beginning on October 7, 2009 the Board of County Commissioners’ zoning meetings will be a single session with a 30 minute break at noon. Currently, there are separate morning and afternoon sessions.

NEXT MEETING DATE

September 30, 2009 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

ATTACHMENT A

09/15/09 PC

Note:

The TAB has changed the approval verbiage for staff conditions. When there is a “no comment” by one staff agency, the TAB will specify the staff conditions being approved. This is necessary because some staff “no comments” are changed to a set of conditions after the TAB has reviewed the application. The statement of “per staff conditions” indicates the TAB has reviewed all staff conditions.

1. WS-0475-09 – ISAAC, SHARON L. AND WILLIAM H. II, ET AL: TAB Approved per Current Planning Conditions

WAIVER OF DEVELOPMENT STANDARDS to increase the wall/fence height in conjunction with an existing residential condominium complex on 15.1 acres in an R-3 (Multiple Family Residential) Zone in the MUD-4 Overlay District. Generally located on the north side of Cactus Avenue, 700 feet west of Maryland Parkway within Enterprise.

The applicant has undertaken extensive property renovation and upgrades. They have a problem with individuals going through (bending wrought iron bars) and over the current 5 ft. wall. The outside individuals are responsible for considerable vandalism in the complex. TAB agreed with their desire to protect their property. The one TAB concern is the mesh applied to the wrought iron allow METRO to see into the property on their patrols. PC routine action item agenda item # 13

2. UC-0483-09 – ROBINDALE PLAZA, LLC: TAB Approved per Major Projects conditions

USE PERMIT for a place of worship in conjunction with an existing shopping center on 0.5 acres in a C-1 (Local Business) Zone in the Pinnacle Peaks Concept Plan area. Generally located on the southeast corner of Jones Boulevard and Robindale Road within Enterprise.

The staff condition for a two year review should be adequate to insure parking is not a problem in the small shopping center. PC routine action item agenda item # 10

3. UC-0486-09 – NORTON, BENJAMIN C., III: TAB Approved/Denied

TAB approved

Use Permits #1 and #2

Waiver of Development Standards #2 and #3

TAB Denied

Waiver of Development Standards #1

USE PERMITS for the following:

1) increase the number of hobby repair and restoration automobiles stored outside; and

2) alternative design standards for accessory structures.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) reduced accessory structure setback,

2) increased block wall height, and

3) alternative front yard screening standards

on 1.0 acre in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the north side of Meranto Avenue, 100 feet west of Rosanna Street within Enterprise.

The applicant is in the process of correcting the code violation that drove this application. The overhead photography and visual inspection shows a large number of vehicles on the property. The applicant stated the vintage cars were used in the movie “Casino” and was hoping there would be a sequel. The current intent is to have 8 vehicles stored outside and any additional in the shed.

The applicant was agreeable move the storage container to the correct setback.

There has been an increasing use to conex storage containers in residential areas. Additional development code that governs the use of these containers is needed as these containers do not blend into a residential neighborhood. The TAB has not seen any staff recommendations to reduce the visual impact of a conex container when a waiver is requested. A standard needs to be developed to help these containers blend in. One technique is the use of a spray-on stucco to help the container blend in.

The one year review period is appropriate to insure number of vehicles has been reduced. PC agenda item # 14

09/16/09 BCC

4. VS-1372-04 (WC-0215-09) – RHODES RANCH, G.P.:

TAB Denied Companion item is # 10 on the BCC agenda

Denied Waivers of Conditions #1 and #2 for the following reasons:

1. Lack of sufficient information to make a recommendation

2. Confusing and contradictory Staff reports

3. Recommendation that the Board of County Commissioners returns the application to the TAB with correct Staff information.

WAIVERS OF CONDITIONS of a vacation and abandonment requiring:

1) constructing paved legal access across the Blue Diamond Wash along the Seelinger Street alignment, the terminus of which is to be approximately 200 feet south of Ford Avenue; and

2) associated construction plans to include said paving and crossing on Seelinger Street to have a minimum clearance of 14 feet

on approximately 57.0 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay) Zone in Rhodes Ranch Master Planned Community. Generally located on the south side of Wigwam Avenue (alignment) and the east side of Fort Apache Road in Spring Valley and Enterprise.

The purpose of the application is to delete Rhodes’ commitment to build the Seelinger Bridge and the associated bonds (WT-0143-09 – RHODES RANCH, GP). This bridge is necessary for the north/south circulation patterns for vehicles and pedestrians, including school children from Rhodes Ranch. The Durango-Blue Diamond Public Facilities Plan has three schools (2 elementary and 1 middle school) and park facilities south of the wash. The diagram at the end of the TAB Watch shows the current plan for the area.

Note: The recently adopted Enterprise Land Use Plan has the following general policy:

Chapter 4, Goal 1, Policy 1.13

Where applicable, all projects should provide cross access for schools, residential areas, recreation areas and commercial areas. Circulation systems should also integrate with existing and proposed regional and community equestrian and multiple use trail systems, parks and open space.

There is a concern that elimination of this critical bridge will make it much harder to follow the above policy. One result is increased vehicle traffic because young children will have to walk long distances along arterial roads to get to and from school. It highly unlikely that parents will allow their children to do so.

The bridge over the wash must include a pedestrian path with access to the southern part of Rhodes Ranch.

The TAB denied this application because there were two opposing versions of the Major Projects agenda sheet. The version supplied to the TAB had the recommendation to deny Waiver of Conditions #1 while the applicant version recommended approval. No explanation for the change was provided to the TAB. We were unable to determine what factors Major Projects had used in their analysis and the plan to insure this critical bridge will be built. This may be another case where a developer’s financial trouble results in infrastructure cost being transferred to the County.

The TAB has requested this application be returned so all the relevant factors and issues can be evaluated. The elimination of any bonded infrastructure, in the current economic time, must be very carefully evaluated. BCC morning agenda item # 9

See map at the end of this document.

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.

No additional items of interest to Enterprise

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.

7. UC-0362-09 – BOUQUET, INC:

TAB Approved

HOLDOVER USE PERMIT for auto repair.

DESIGN REVIEW for a restaurant with a drive-thru, auto repair and maintenance, and retail development on 0.8 acres in a C-2 (General Commercial) Zone in the MUD-4 Overlay District. Generally located on the west side of Maryland Parkway, 150 feet south of Pyle Avenue within Enterprise. SS/dg/dr

The applicant has packed a lot on this property. This design is better than the previous plans submitted. Some TAB members felt there is too much packed on the parcel and parking may not be adequate, although parking meets Title 30 requirements. There are no waivers requested for this project. The retail space does not appear to have good placement within the project and could be better used. One item the TAB could not determine is the amount of fill required on this property and the effect it will have on the adjacent residential. The property to the north has a significant amount of fill. The look and feel of a project can significantly change when the site engineering is accomplished. This is a good example where site engineering should be submitted with the design review.

No additional items of interest to Enterprise

BCC AGENDA ITEMS (Morning):

10. WT-0143-09 – RHODES RANCH, GP: This is a companion item to zoning agenda Item # 4 above

TAB Approved

HOLDOVER WAIVER to extend the time limit for an improvement bond in conjunction with a residential development in an R-E (Rural Estates Residential) Zone, and an R-2 (Medium Density Residential) Zone all in a P-C (Planned Community Overlay District) Zone in the Rhodes Ranch Master Planned Community. Generally located 1,950 feet east of Fort Apache Road, on the south side of Wigwam Avenue (alignment) within Spring Valley and Enterprise. SB/co/co

No additional items of interest to Enterprise

BCC (Afternoon):

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

TAB Denied

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

PC Action - Denied

HOLDOVER APPEAL WAIVER OF DEVELOPMENT STANDARDS to increase height for an electrical generation wind turbine tower 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. SB/rs/nd

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.