ENTERPRISE TAB WATCH

Results

October 28, 2009

 

Planning Commission 7:00 P.M., Tuesday, November 3, 2009.

Board of County Commissioners 9:00 A.M., Wednesday, November 4, 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 October 14, 2009.  Approved

3.       Receive a report from the Enterprise TAB Residential Buffering Sub-Committee and take any action deemed necessary.

Tabled: The next meeting of the Residential buffering Sub-Committee is November 23, 2009 in the small meeting room at the Enterprise Library.  The next report to the Enterprise TAB will be December 9, 2009.

4.       Enterprise TAB to make recommendations for the Clark County 2010 capital budget.

Tabled:  Recommendations will be forwarded to the County Commissioners after the Tuesday, November 10, 2009 TAB meeting.  The current suggestions are:

 

1.         Build out Cactus from Las Vegas Blvd to Fort Apache.

2.         A four-way stop, or other traffic calming device, installed at Robindale and Gilespie.

3.         A four-way stop, or other traffic calming device, installed at Buffalo and Windmill.

4.         A three-way traffic light installed at Pebble and Durango.

5.         Three-way stop signs (or a light) at Windmill and Durango so that Windmill traffic can safely enter.

6.         Extend the divider on Silverado Ranch east of Las Vegas Blvd.

7.         Four-way stop at Robindale and Haven.

 

 

 

PUBLIC COMMENTS AND DISCUSSION

COMMENTS BY THE GENERAL PUBLIC AND DISCUSSION: No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on a future agenda.

 

ZONING AGENDA

         SEE ATTACHMENT A

 

PUBLIC COMMENTS AND DISCUSSION

 

1.      The Chair announced that the November 10, 2009 and November 24, 2009 TAB meetings are both on Tuesday not Wednesday:

 

2.      The Chair announced that the Department of Business Licenses has proposed an Ordinance concerning the impositions of civil penalties following the directives of Nevada State Legislature Assembly Bill 49.  The proposed ordinance may be found at "http://www.accessclarkcounty.com/depts/business_license" under Clark County Code - Proposed Amendments or a copy may be obtained by calling 455-3587

 

NEXT MEETING DATE

 

Tuesday, November 10, 2009 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

ZONING AGENDA

WEDNESDAY, 6:30 P.M., OCTOBER 28, 2009

 

11/03/09 PC

 

1.      UC-0931-08 (ET-0268-09) – JONES BOULEVARD PARTNERS, LLC:

TAB approved added Current Planning bullet:

·         Comply with all current conditions.

Companion item #3

 

USE PERMITS FIRST EXTENSION OF TIME to commence the following:

 

1) Increased building height up to 50 feet; and

2) Increased building height within 600 feet of a residential use.

 

VARIANCE to increase building height over 50 feet.

 

DESIGN REVIEW for a proposed 105,000 square foot addition to an existing warehouse and distribution facility on 27.5 acres in an M-D (Designed Manufacturing) Zone and an M-1 (Light Manufacturing) Zone in the Pinnacles Peaks Concept Plan Area.  Generally located at the northeast corner of Jones Boulevard and Wigwam Avenue within Enterprise.  SS/rk/df 

 

This project was extensively reviewed when it was first proposed.  The TAB wants to insure all the previous conditions would continue forward.  PC routine action item agenda item # 3

 

2.      WT-1055-06 (ET-0265-09) – OLYMPIA GROUP, LLC, ET AL:

TAB APPROVED 5-0 per Staff conditions

 

WAIVER SECOND EXTENSION OF TIME to commence modified development standards on a portion of approximately 100.0 acres in an R-2 (Medium Density Residential) Zone and an R-3 (Multiple Family Residential) Zone all within a 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 St. Rose Parkway (alignment) within Enterprise.  SB/rk/dr  PC routine action item agenda item # 5

 

3.      WT-0950-08 (ET-0269-09) – JONES BOULEVARD PARTNERS, LLC:

TAB approved

Added Current Planning bullet:

·         Comply with all current conditions.

Companion item #1

 

WAIVER FIRST EXTENSION OF TIME to commence the reduction of driveway throat depth in conjunction with a warehouse and distribution facility on 27.5 acres in an M-D (Designed Manufacturing) Zone and an M-1 (Light Manufacturing) Zone in the Pinnacles Peaks Concept Plan area.  Generally located at the northeast corner of Jones Boulevard and Wigwam Avenue within Enterprise.  SS/rk/df  PC routine action item agenda item # 4

 

4.      UC-0557-09 – VITRUVIAN PROPERTIES, LLC:

         HELD by the applicant until the November 24 TAB meeting.

 

USE PERMIT for a recreational facility for private conventions and receptions.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced parking;

2) Allow commercial access from local residential streets (Rush Avenue and Schirlls Street); and

3) Reduce access gate setbacks

 

on 1.1 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the south side of Rush Avenue and the west side of Schirlls Street within Enterprise.  SB/rs/dr  PC agenda item # 14

 

5.      VS-0584-09 – CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS:

TAB APPROVED 5-0 per Staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located on the south side of Mountains Edge Parkway, 940 feet west of Buffalo Drive and a portion of right-of-way being Mountains Edge Parkway located between Myers Street (alignment) and 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).  SB/rk/nd  PC routine action item agenda item # 9

 

6.      WS-0595-09 – KB HOME NEVADA, INC:

TAB DENIED 5-0 per Staff recommendation.  If approved: per Current Planning conditions.

 

WAIVER OF DEVELOPMENT STANDARDS to eliminate street landscaping in conjunction with an existing single family residential subdivision on 0.3 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the northwest side of St. Rose Parkway, 500 feet northeast of Barbara Lane within Enterprise.  SS/gc/dr 

 

This item generated considerable discussion.  There are several factors that affect this request.

 

First, the Staff position is a factor.  In order to help beautify the streetscape, staff believes live landscaping should be incorporated into the strip in question. The street landscaping will also buffer the existing residential subdivision from St. Rose Parkway, which is a 300 ft arterial. The adjacent property to the northeast will have street landscaping along St. Rose Parkway that exceeds Title 30 standards as part of the approved design under DR-0390-09.

 

The second factor is the St. Rose Parkway Trail design guidelines.  The trail design guidelines have been adopted by the City of Henderson, which is the lead agency. Based on the adopted design guidelines, a 12 foot wide asphalt trail will be within the right-of-way adjacent to the property line. Landscaping will be provided on the south side of the trail within the right-of-way, but the adopted guidelines rely on the street landscaping on private development to provide the landscaping on the other side of the trail, or in this case, the north side of the trail. Therefore, the street landscaping is critical to the overall design and aesthetics of the trail.  The City of Henderson has filed a letter that supports the staff recommendation for denial of this waiver.

 

The third factor is the applicants’ position that the final map was recorded with the drainage channel in the wrong place and they do not want to mitigate the error.  The applicant does not want the expense to provide electric and water to the landscape strip.  In addition, the HOA does not want the expense to maintain the landscape strip.

 

The TAB strongly felt landscaping in this area is a critical part of the St. Rose Parkway Trail.  Allowing the applicant to not install the landscaping would set a poor precedent and degrade the trail project in this area.  Because the final map was not correctly drawn is not a reason to relieve the applicant of a requirement being placed on other property owners along St. Rose Parkway. The staff has indicated there are solutions that can provide the required electric and water.  One additional benefit is the landscape would provide some additional buffering to the residents which was requested by the residents’ representative present.

 

PC agenda item # 15

 

7.      WS-0599-09 – WONG, JACK YUNG:

TAB APPROVED 5-0 per Current Planning conditions

 

WAIVER OF DEVELOPMENT STANDARDS for reduced roof pitch for an existing room addition in conjunction with a single family residence on 0.2 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the west side of Aspen Range Court, 75 feet north of Golden Shore Drive within Enterprise.  SS/gc/dr  PC routine action item agenda item # 12

 

11/04/09 BCC

 

8.      DR-0530-09 – B D PARCEL HOLDINGS, LLC:

TAB APPROVED 5-0 per Staff conditions with the added Current Planning condition:

·         Gas canopy to have recessed light fixtures, with the lighting source not visible.

 

AMENDED HOLDOVER DESIGN REVIEW for a convenience store, service station, and drive-thru restaurant on 2.2 acres in a C-2 (General Commercial) Zone.

 

WAIVERS OF CONDITIONS of a zone change (ZC-0324-04) requiring the following:

 

1) Along Blue Diamond Road, providing a 15 foot wide landscape buffer with medium trees, 24 inch box in size, with shrubs to cover 50% of the landscape area, with a detached sidewalk; and

2) Right-of-way dedication to include 40 feet for Wigwam Avenue (not previously notified) and 40 feet for Arville Street and associated spandrels. 

 

Generally located on the south side of Blue Diamond Road and the west side of Arville Street within Enterprise.  SS/rs/dr 

 

This is a well-designed project.  One project advantage is the Arville signal to allow westbound traffic to access the site.  The Planning Staff has an excellent set of conditions for the project which the TAB supports.  The recessed gas canopy with the source not protruding below the canopy is a constant concern of the TAB.  The TAB has received numerous comments about this source of fugitive lighting.  This is a standard that should be incorporated into the development code.  BCC routine action item agenda item # 3

 

9.      WS-0974-07 (ET-0274-09) - SILVERADO GALLERY, LLC:

TAB APPROVED 5-0 per Staff conditions

 

WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence vehicular access to a residential local street (Fairfield Street) for a proposed shopping center.

 

DESIGN REVIEW for a shopping center on 1.9 acres in a C-1 (Local Business) Zone.  Generally located on the south side of Silverado Ranch Boulevard, 600 feet west of Bermuda Road within Enterprise.  SS/ar/dr  BCC routine action item agenda item # 16

 

10.    ZC-1092-06 (ET-0262-09) – VALLEY VIEW WINDMILL, LLC:

TAB APPROVED 5-0 per Staff conditions

Current Planning bullet #1 changed to read:

·         One year to review; requested by applicant

 

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 5.0 acres from R-E (Rural Estates Residential) (AE-60) Zone and H-2 (General Highway Frontage) (AE-60) Zone to H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-2 Overlay District.  Generally located on the east side of Valley View Boulevard and the north side of Windmill Lane (alignment) within Enterprise (description on file).  SS/dk/dr 

 

This is an unusual case where the applicant requested a one year review for the extension of time.  The staff had recommended the zone change be made permanent. There was a proposed hotel/casino on the site which drew considerable protest from the neighbors.  That project was dropped.  The current economic conditions may radically change what will be built in this area.  BCC routine action item agenda item # 17

 

11.    UC-0591-09 – P J D AND D HOLDINGS, LLC:

TAB APPROVED 5-0 per Staff conditions

 

USE PERMIT for a used car rental facility.

 

WAIVER OF DEVELOPMENT STANDARDS to reduce driveway width in conjunction with a proposed car rental facility.

 

DESIGN REVIEW for an existing residential building to be converted to a car rental facility on 0.5 acres in a C-1 (Local Business) (AE-60) Zone.  Generally located on the east side of Gilespie Street, 350 feet south of George Crockett Road within Enterprise.  SS/mk/dr   

 

The TAB’s primary concern is the amount of parking available at this location.  The applicant has 22 rental vehicles and stated they have made provisions for overflow parking.    Another TAB concern is what needs to be done to have the current residence meet the commercial building requirements.

 

The property is surrounded by the McCarran overflow parking lot.  The TAB felt since this property is relatively isolated, the applicant’s business could work in this location.  This is due to type of clientele served by this business.  It should be noted, this business is currently in operation at another location.  If the business is under-parked, it would not have an adverse impact on other businesses or residents because of the location.  BCC routine action item agenda item # 18

 

12.    ZC-0592-09 – WARTHEN, RUSSEL E. AND DEBELLIS FAMILY, LP:

         TAB APPROVE 4-1 a zone change to CP – Office Professional.  No plans were submitted.

 

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for future commercial development.  Generally located on the southeast corner of Frias Avenue (alignment) and Valley View Boulevard (alignment) within Enterprise (description on file).  SB/gc/dr 

 

The TAB is very reluctant to approve a permanent zone change without plans.  There are two reasons for this, first is the project design and uses reviewed with the zone change together allows a better determination of the zone district required.  Second, over time, the market may determine a different land use around the property. Then the previously granted zone district is no longer appropriate. However, the land owner has the right to build a project that no longer fits in the area.  If the land owner has expectations that do not match market, the land remains vacant.

 

The TAB has consistently recommended a zone district lower than the maximum allowed or a resolution of intent be placed on the property when a design review is not presented.

 

There were major land use changes to this area in the recent Enterprise Land Use Plan Update.  Just to the west of this request, hundreds of acres that were residential became Business Design Research Park (BDRP) because the land is deed restricted.  The deed restrictions prevent residential development.  This means current commercial land east of the BDRP uses may become residential as the market determines land uses in the area. Another fact is the Frias family has purchased substantial amounts of property in the area.  Their objective is to preserve the large lot/ranch life style in the area.  Their representative objected to this request.   BCC routine action item agenda item # 24

 

13.    ZC-0603-09 – OMNINET RAINBOW AND PEBBLE, LLC:

TAB APPROVED 4-0 (J. Andoscia abstained) with added conditions:

Amend Current Planning conditions bullet #2:

·         Record cross access ingress/egress and parking easement with the adjacent property to the southeast and to the north of the project;

            Add Current Planning conditions:

·         Lighting and Signage Design Review as a Public Hearing;

·         8 foot wall on western boundary;

·         Significant changes to the Design Review as a Public Hearing.

·         Vacate Torino;

Add Civil Engineering bullet:

·         Rosanna St. to be developed to Minimum Road Design Standards For Non-Urban Roadways (January 2001);

 

ZONE CHANGE to reclassify 7.5 acres from R-E (Rural Estates Residential) Zone to C-2 (General Commercial) Zone.

.

DESIGN REVIEW for a shopping center.  Generally located on the west side of Rainbow Boulevard and north side of Pebble Road within Enterprise (description on file).  SS/mk/nd          

 

This application is an excellent example of how to do a land use application.  The land use designation went through the land use hearings.  The neighbors and SWAN have worked with the applicant over a long period of time to bring the land use and project design forward. 

 

The neighbors had a number of suggestions for applicant.  The TAB recommendations focused on the major concerns.  The applicant and neighbors will meet prior to the BCC meeting to work out the other details.  The buffer on the western boundary may become a model of how to buffer the RNP-1 overlay areas.

 

The TAB’s recommendations are based on the following:

1.        Torino should be vacated to help reduce cut through traffic in the RNP to the west.

2.        Cross access should be required for the property to the north with Torino vacated.

3.        The applicant did not have detailed plans for lighting and signage.

4.        The TAB was concerned about alternative designs on the property if this project did not materialize. This drove the condition for Design Review if there are significant changes.

5.        Rosanna St should be developed to rural standard to help protect the rural character of the RNP to the west.  It would enhance the planned landscape and wall.

6.        The RNP residents requested the 8 ft block wall.

 

BCC routine action item agenda item # 25

 

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.

 

23.        ZC-0542-09 – ALPER LIMITED PARTNERSHIP:

TAB approved Staff conditions

 

HOLDOVER ZONE CHANGE to reclassify 3.5 acres from R-3 (Multiple Family Residential) Zone to C-1 (Local Business) Zone for future commercial development in the MUD-4 Overlay District.  Generally located on the north side of Blue Diamond Road and the west side of Cimarron Road within Enterprise (description on file). SS/rs/df

 

The site was previously subdivided into a 50 lot subdivision and planned for R-3 zoned type development as a later phase of Storybook Homes development to the west of this site. Streets were planned and the site was graded for potential residential development which did not materialize. An access easement was reserved by Clark County when the reversion map recorded and this needs to be part of the ultimate development.

 

The TAB concern for this site is fire department access and traffic flow for the R-3 development to the west. The staff position is that access will be reviewed when the design review is submitted for this site.  The question is will the entire area covered by the original Storybook development be reviewed or only the area covered by a new design review?  This is a case where the plan needs to look at neighborhood, not just the site being developed.

 

26.       DR-0564-09 – LAS VEGAS MOTORCOACH RESORT ASSOCIATION:

  TAB approved per Current Planning conditions. 

· The applicant must follow all Las Vegas Valley Water District conditions and regulations for water features.

 

HOLDOVER DESIGN REVIEW for decorative water features in conjunction with an existing RV park on portions of 5.2 acres in an R-V-P (Recreational Vehicle Park) Zone.   Generally located on the west side of Arville Street, 440 feet south of Windmill Lane within Enterprise. SS/mh/dr

 

The plans depict water features within the Las Vegas Motorcoach Resort consisting of 3 ponds and 2 urns.  The 2 urns have the appearance of large pots with water bubbling out of the top and flowing down the sides and are located on both the north and south sides of the clubhouse building within round, catch basins. 

 

The staff does not routinely support approval of water features.  The 3 ponds in this request have already received Administrative Design Review approval to operate due to the removal of turf and payment of fees to the Water District.  The 2 urn water features were never approved for construction through a design review nor approved to operate through the administrative design review process.

 

The TAB opinion is the 2 urns should go through the design review process.  The objective is to operate the urns as long as the water use is offset by removing turf and xeriscape.  One solution is the replacement of the turf around the urns with xeriscape.  The review process at the Las Vegas Water District will insure these urns will not increase the water usage required to operate the property.  

No additional items of interest to Enterprise

 

 

BCC AGENDA ITEMS:

 

32.       VC-0431-98 (ET-0081-09) - ERGON ASPHALT PRODUCTS, INC:

TAB/CAC: Enterprise Town Board – approval (until April 1, 2010 to review as a public hearing).

PLANNING COMMISSION ACTION: October 6, 2009 – APPROVED – Vote: Unanimous

 

APPEAL: This item has been appealed by a neighbor that indicates the applicant has failed to build the cul-de-sac, or make any meaningful attempts to comply with the County’s condition of dedicating a right-of-way as prescribed by VC-0431-98.

 

APPEAL 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

No additional items of interest to Enterprise

 

ORDINANCES – INTRODUCTION

(These items are for introduction only.  A date and time will be set for a public hearing. No public comment will be heard at this time.)

 

33.       ORD-1157-09:

 

That the Board of County Commissioners set a public hearing for November 18, 2009 to consider adoption of a amended Development Agreement with Mountain’s Edge, LLC, a Limited Liability Company for a 2,582.0 acre development (Mountain’s Edge Master Planned Community).

An ordinance to adopt the Fourth Amendment to the Development Agreement with Mountain’s Edge, LLC, A Limited Liability Company for an approximate 2,582.0 acre development generally located on the west side of Rainbow Boulevard and the south side of Blue Diamond Road within the boundary of Enterprise and providing for other matters properly related thereto. 

No additional items of interest to Enterprise

 

ORDINANCES - PUBLIC HEARING

No additional items of interest to Enterprise

 

36.       ORD-1159-09:

 

That the Board of County Commissioners consider an ordinance to revise the drought restrictions; and direct staff accordingly.

An ordinance to amend Titles 2, 9, 19 and 30, Chapters 2.76, 9.08, 19.05, 30.04, 30.08, 30.16 and 30.64 Sections 2.76.010, 2.769.030, 2.76.040, 9.08.020, 9.08.400, 9.08.500, 19.05.080, 30.04.040, 30.08.030, 30.16.240, 30.64.010, 30.64.030, and 30.64.070 to clarify the functions of the Department of Air Quality and Environmental Management to reflect program changes, make drought conservation measures permanent and providing for other matters properly related thereto. 

 

The statements, opinions and observations expressed in this document are solely those of the author.  The opinions stated 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.