ENTERPRISE TAB WATCH

Results

November 10, 2009

 

Planning Commission 7:00 P.M., Tuesday, November 17, 2009.

Board of County Commissioners 9:00 A.M., Wednesday, November 18, 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.

 

Enterprise Town Advisory Board

AGENDA

 

REGULAR BUSINESS

 

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

2.      Approve the Minutes for the meeting held on October 28, 2009.  Approved

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

Enterprise TAB recommendations for the Clark County 2010 capital budget. 

 

Items 1 and 2 are considered priority items by The TAB.

1.         Red Flasher added to stop signs at Shelbourne and Placid

2.         Construct a walkway along Robindale from Sierra Vista High School to Nevada Trails. 

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

4.         Enterprise Community Center

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

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

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

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

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

10.     Four-way stop at Robindale and Haven.

 

4.      The Regional Transportation Commission of Southern Nevada (RTC) will provide a presentation on the agency's plans for the future of transportation in Southern Nevada. The RTC will provide information on rapid transit and express transit projects scheduled to launch in the spring of 2010.  (Not an action item.) This briefing was canceled and will be presented at a later date.

 

PUBLIC COMMENTS AND DISCUSSION

 

1.      The next TAB meeting is on Tuesday Nov 24, 2009, not the normal Wednesday meeting.

2.      The December 16th  Board of County Commissioner meeting will be moved to Tuesday, December 15, 2009 at 1:00pm.

3.      The Rock “n” Roll Las Vegas Marathon is Sunday, December 6, 2009.  Check the web site for time and road closures.

Event Information

 

4.      A resident inquired about pre-dig markings on Haven, south of Windmill.

5.      A resident commented about the need for builders to be able to alter approved plans.  The County requires construction be done exactly as shown on approved plans.  If a plan error has occurred it is often easier and cheaper to build the mistake rather than go back through the County process to correct problem. In some cases, the error is contrary to County code.

 

 

NEXT MEETING DATE

 

Tuesday, November 24, 2009 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

ADJOURNMENT:

ATTACHMENT A

 

11/17/09 PC

 

1.      VS-0948-07 (ET-0275-09) - BLUE DIAMOND AND RAINBOW CAPITAL GROUP, LLC:

TAB APPROVED per Staff conditions

 

VACATE AND ABANDON FIRST EXTENSION OF TIME easements of interest to Clark County located between Cougar Avenue and Wigwam Avenue, and between Rainbow Boulevard and Belcastro Street, and a portion of right-of-way being Rainbow Boulevard located between Cougar Avenue and Wigwam Avenue in a C-2 (General Commercial) Zone within Enterprise (description on file).  SS/jr/df  PC routine action item agenda item # 5

 

2.      WS-0921-07 (ET-0245-09) – FRANCIS DEVELOPMENT, INC:

TAB APPROVED per Staff conditions

 

HOLDOVER WAIVERS OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence the following:

 

1) Reduced setbacks; and

2) Alternative landscaping.

 

DESIGN REVIEW for office/warehouse buildings with manager’s units on 1.2 acres in an M-D (Designed Manufacturing) (AE-60) Zone.  Generally located on the northeast corner of Arby Avenue (alignment) and Dean Martin Drive within Enterprise.  SS/mc/dr  PC routine action item agenda item # 7

 

3.      UC-0527-09 – RAFCON, LLC:

TAB APPROVED per Staff conditions

 

HOLDOVER USE PERMIT for a minor paint and body shop on 0.4 acres in an M-D (Designed Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on the north side of La Costa Canyon Court, 170 feet west of Lindell Road within Enterprise.  SS/rs/df  PC routine action item agenda item # 8

 

4.      VS-0618-09 – MAPLEWOOD SPRINGS HOMEOWNERS ASSOCIATION:

TAB APPROVED per Staff conditions

 

VACATE AND ABANDON a portion of right-of-way being Jones Boulevard located on the southwest corner of Jones Boulevard and Levi Avenue in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).  SB/jt/df  PC routine action item agenda item # 12

 

5.      WS-0606-09 – ROSA, LUIS A.:

TAB APPROVED per Current Planning conditions

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Increase the height of a block wall;

2) Eliminate landscaping requirements; and

3) Allow a non-decorative wall

 

in conjunction with a single family residence on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) (AE-60) Zone.  Generally located on the east side of Hinson Street, 185 feet north of Pamalyn Avenue within Enterprise.  SS/jr/dr  PC routine action item agenda item # 13

 

6.      WS-0612-09 – ALPER, ELIOT A. REVOCABLE TRUST:

TAB APPROVED per Staff conditions

Recommended the applicant and the neighbors meet prior to the Planning Commission meeting to work on their differences.

 

WAIVER OF DEVELOPMENT STANDARDS to reduce side setbacks in conjunction with a proposed single family residence on 0.1 acre in an R-2 (Medium Density Residential) Zone.  Generally located on the west side of Bouncing Ball Street, 120 feet south of Candyland Avenue within Enterprise.  SB/jt/df    

 

The next dore neighbor would not agree to this waiver to allow it to go through administratively.  The neighbor was promised by the developer that the house next door would be a 1600 sq ft house not the 2600 sq ft currently planned.  How many times has a developer told the buyer one thing and done another?  Unless the condition goes into the sales contract, it is hard to enforce later.  The TAB suggested the developer and the resident find a way to help mitigate their differences prior to the PC meeting.  PC routine action item agenda item # 14

 

11/18/09 BCC

 

7.      UC-0602-09 – STUART, JOHN W. AND DONNA, ET AL:

No Recommendation, TAB vote was split 2 -2

 

USE PERMITS for the following:

 

1) Allow a temporary outdoor commercial event with live entertainment to exceed daytime hours;

2) Reduce the separation from outdoor activities and temporary structures to residential development; and

3) Reduce the separation from live entertainment to residential development.

 

DESIGN REVIEWS for the following:

 

1) Temporary event structures; and

2) Temporary horse stalls                

 

in conjunction with a horse riding/rental stable (Legends Ranch) on 17.5 acres in an R-E (Rural Estates Residential) Zone and an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the east and west sides of Rancho Destino Road and the south side of Windmill Lane within Enterprise.  SS/jba/dr 

 

 

Project Description

The applicant is requesting a use permit to allow extended hours of live entertainment and reduced separation for a temporary outdoor commercial event during the National Finals Rodeo (NFR) from December 4 through December 12. Hours of operation may vary but will not fall outside the hours of 5:00 p.m. to 2:00 a.m. Temporary horse stalls, live entertainment, bull riding, and food and drinks will be provided to patrons. The intent is to capitalize on the ranch’s location near the South Point Resort Hotel and provide an alternate viewing location for NFR events. Although a majority of guests will arrive at the facility by shuttles, ample parking can be provided, if needed, on the 17.5 acre site. Most of the parking is located on the 4 parcels to the east of the partially developed Rancho Destino Road with the remaining spaces on the undeveloped parcel on the southwest corner of Windmill Lane and Rancho Destino Road. Access to the parking lots and events will be from existing driveways and proposed temporary driveways on Rancho Destino Road and proposed temporary driveways on Gilespie Street.

 

The TAB was split on this item resulting in no recommendation.  Two TAB members wanted to modify the use permit conditions to make it more acceptable to the neighborhood.  The other two TAB members believe a large commercial venture has no place in a rural residential area.  The general TAB consensus was the staff conditions were not sufficient to protect the neighborhood.

 

This presentation started out proclaiming the charitable benefits of this event.  The charitable aspects seemed to divert attention from the Use Permits and Design Reviews. The event company made several statements that would lead one to question the charitable benefits to our community. 

 

·   The event producer is a commercial venture who donates some profits to charity.

·   They are not significantly different from a company that donates to the United Way

·   They are not a nonprofit dedicated to fundraising for charities.

·   23 % of their profits go to a charity - a very low percentage for a charitable organization.

·   No local charity was mentioned or represented to receive the money from this event.

·   The indication is most profits generated from this event will leave the Valley.

·   There was mention of charitable events held at the property previously.  However, no direct connection to this event was established.

 

The applicant, Mr. Stuart, claimed he was grandfathered for 12 events per year; but, in fact, his prior request for a Use Permit for 12 events per year was turned down by the Board of County Commissioners.  The November 4, 2009 mixer on this property appears to have been a commercial event that was not permitted. When questioned about this event, Mr. Stuart stated this event was for the exchange of business cards.  His answer implied it was not a commercial event, but the question was not directly answered.

 

Factors that influence the use permit:

·   Operator expects to attract 300 to 400 hundred people per night with live entertainment, food and alcohol sales

·   Porta-potties will be used

·   Dust control water will be obtained from hydrant.

·   Amplified music will exceed county residential noise standards

·   Tents with large screen TVs will be set to view the National Finals Rodeo (NFR)

·   This event is planned on raw land.

 

Conditions to protect the neighborhood if use permit is approved:

·         All staff conditions except hours of operation

·         Reduced hours of operation on all days.

o        Staff recommendation of hours of operation be limited to 5:00pm to 9:00pm Sunday through Thursday

o        Hours of operation be limited to 5:00 p.m. to 11:00 p.m. on Friday and Saturday

·         No overnight parking (no facilities for RVs and Campers)

·         No use of electrical generators (could be limited to event hours)

·         All parking surfaces and pedestrian areas to have a county approved dust control surface.

·         Buses to use the area adjacent to Windmill for drop off and pickup

·         All lighting must meet county lighting standards to prevent spillover to adjacent properties

 

This event appears to be a large NFR party that would set a bad precedent for commercial events in residential areas.  Potential significant mitigating factors would be if the operator was a nonprofit with low expenses and the generated money given to Las Vegas Valley charities. This is not so.   BCC agenda item # 18

 

 

 

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.

 

Planning Commission

 

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:

 

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

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

HOLDOVER 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.

No additional items of interest to Enterprise

 

Board of County Commissioners

 

BCC ROUTINE ACTION AGENDA ITEMS:

 

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):

 

12.       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.

13.       ZC-0989-02 (ET-0201-09) – EAGLE RAINBOW CENTER, LLC:

TAB approved per staff conditions with Current Planning Bullet #2 to be removed.

HOLDOVER ZONE CHANGE THIRD EXTENSION OF TIME to reclassify 9.3 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a shopping center.

WAIVER OF DEVELOPMENT STANDARDS to permit commercial access onto a residential street (Mardon Avenue).  Generally located on the west side of Rainbow Boulevard and the north side of Eldorado Lane within Enterprise (description of file). SS/dg/nd

This extension of time is different for two reasons.  First, the Enterprise Land Use Plan has designated the property as Commercial Neighborhood, which would make C-1 zoning a conforming district.  Second, the applicant has pulled building permits which make the second Current Planning bullet unnecessary.

 

14.       VS-0706-07 (ET-0192-09) – EAGLE RAINBOW CENTER, LLC:

TAB Approved per staff conditions

HOLDOVER VACATE AND ABANDON FIRST EXTENSION OF TIME to vacate a portion of right-of-way being Rainbow Boulevard located between Mardon Avenue and Eldorado Lane in a C-1 (Local Business) Zone within Enterprise (description on file). SS/dg/nd

23.       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.

HOLDOVER 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.

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.)

 

25.       HOLDOVER ORD-1157-09:

That the Board of County Commissioners introduce an ordinance 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 Third 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.

 

26.       ORD-1274-09:

That the Board of County Commissioners introduce an ordinance to consider adoption of a Standard Development Agreement with HKM Nevada Properties, LLC for a commercial development (St. Rose Burger King).

An ordinance to adopt a Standard Development Agreement with HKM Nevada Properties, LLC for a proposed commercial development generally located on the North side of St. Rose Parkway and the West side of Bermuda Road within the Northeast Quarter (NE1/4) of Section 4, Township 23 South, Range 61 East within the boundaries of the Town of Enterprise and providing for other matters properly related thereto.

No additional 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 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.