The following items were heard at the Enterprise TAB on July 11, 2007.   The TAB recommendations are below.  The July 17, 2007 PC decisions/recommendations, and July 18, 2007  BCC decisions will be posted when available.  Within a week or two you will be able to read the PC and BCC Notice of Final Action on the Clark County web site Agenda page.  Any person who objects to the PC decisions/recommendations may appeal to the BCC within five business days of the date of the hearing.  An appeal may be made in person at the Current Planning desk or by fax.  Call Current Planning or SWAN to find out how.

Enterprise Town Advisory Board

July 11, 2007  

 

08/08/07 BCC

1.      CP-0662-07:   TAB Approved
       
That the Board of County Commissioners initiate the adoption process for an amendment to the Clark County Transportation Element to add a proposed frontage road as a 60 foot right of way collector on the east side of Interstate 15 from St. Rose Parkway to Silverado Ranch Boulevard.

This item was protested by several property owners along I-15 who would lose 60 ft of their property to the proposed right-of- way.  They stated the county had not given them any indication that a frontage road would be required when their property design was planned.  One property owner stated his loss would be 17 million dollars if the frontage road goes through his property.  The TAB felt this was a necessary addition to the county transportation plan.  The MUD-1 along I-15 allows unlimited housing density.  Without additional north-south corridors,  LV Blvd would become just as congested as the central strip area.

07/17/07 PC at 7:00 pm

2.      DR-0605-05 (ET-0138-07) – RAINBOW RAIN, LLC: Hold, no applicant

HOLDOVER DESIGN REVIEW FIRST EXTENSION OF TIME to commence an on-premise consumption of alcohol establishment (tavern) in conjunction with a future retail center on 10.0 acres in a C-2 (General Commercial) Zone in the MUD-4 Overlay District. Generally located on the southwest corner of Rainbow Boulevard and Pebble Road within Enterprise.

This is the second time the applicant has not shown up for the TAB meeting.  It is possible that this project is in trouble and will not go forward.

3.      DR-0828-06 (ET-0180-07) – MAJESTIC NEVADA, INC: Hold to 1 Aug TAB per applicant request

DESIGN REVIEW FIRST EXTENSION OF TIME to remove a temporary building mock-up on a portion of 28.9 acres in an H-1 (Limited Resort and Apartment) (AE-65) Zone in the MUD-2 Overlay District. Generally located on the west side of Dean Martin Drive, 600 feet south of Blue Diamond Road within Enterprise.

4.      UC-0468-03 (ET-0132-07) – CHIPOTLE MEXICAN GRILL, INC: TAB Approved

HOLDOVER USE PERMITS SECOND EXTENSION OF TIME to commence the following: 1) on-premise consumption of alcohol; and 2) outside on-premise consumption of alcohol in conjunction with a restaurant not in conjunction with a resort hotel or tourist club on 0.7 acres in an H-1 (Limited Resort and Apartment) (AE-65) Zone in the MUD-2 Overlay District. Generally located on the east side of Las Vegas Boulevard South, 200 feet south of Warm Springs Road within Enterprise.

5.      UC-1967-05 (ET-0124-07) - CHURCH INTERNATIONAL FOURSQUARE: Hold, no applicant

HOLDOVER USE PERMIT SECOND EXTENSION OF TIME to commence and review a major school.

DESIGN REVIEW for a school within an existing place of worship on 5.9 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the south side of Rush Avenue and the east side of Gilespie Street within Enterprise.

This is the second time the applicant has not shown up for the TAB Meeting.

6.      UC-0653-07 – MIKE-SAB: TAB Denied

USE PERMIT to reduce the separation from a check cashing facility to a residential use in conjunction with a previously approved shopping center on a portion of 3.6 acres in a C-2 (General Commercial) Zone in the MUD-2 Overlay District. Generally located on the east side of Haven Street and the north side of Bruner Avenue within Enterprise.

This is an example of the staff recommending approval for a waiver of 93.5%, 13 ft separation where 200 ft is required.  Although a 6' wall is proposed, neighborhood kids (including the girls) are already climbing over it.  The justification provided was not very strong nor were alternate solutions proposed by the applicant.  The TAB could not support the staff position.   Waivers of this size render the county code useless.   The TAB position is a waiver of 10% is reasonable, but this request is not even close.

7.      UC-0678-07 – PIONEER DEVELOPMENT GROUP, LLC: TAB Denied

USE PERMIT to reduce the separation from a proposed supper club to a residential use on 5.0 acres in a C-2 (General Commercial) Zone. Generally located on the south side of Silverado Ranch Boulevard and the east side of Bermuda Road within Enterprise.

This is another case where the staff recommended approval of a 74% waiver, 53 ft separation where 200 is required.  This is a very nice project, however it is in the wrong place.  Again,  the TAB did not concur  with the staff.

8.      UC-0684-07 – AMEZQUITA, FERMIN & MARI: TAB Approved

        USE PERMIT to allow an accessory structure to exceed one half the footprint of the principal dwelling.

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) allow a habitable structure to be detached; and 2) allow an over-height accessory structure in conjunction with an existing single family residence on 0.2 acres in an R-2 (Medium Density Residential) Zone. Generally located on the north side of Pacific Star Court, 270 feet east of Wildhurst Street within Enterprise.

The applicant is proposing to construct a 900 square foot, 22 foot high, detached accessory structure in the rear yard of the subject site. The first floor of the structure will be a family room and the second floor a bedroom. The neighbors surrounding this project provided letters of agreement with the project.  In addition, a similar project was approved on the next  block.

NOTE: Accessory apartments are acceptable under the county code.

9.      VS-0679-07 – DAVIS FAMILY TRUST 1993:   Hold for 30 days at applicant request

VACATE AND ABANDON easements of interest to Clark County located between Levi Avenue (alignment) and Irvin Avenue (alignment), and between Las Vegas Boulevard South and Giles Street, and a portion of right-of-way being Levi Avenue located between Las Vegas Boulevard South and Giles Street in an H-2 (General Highway Frontage) Zone in the MUD-1 and MUD-4 Overlay Districts within Enterprise (description on file).

10.     VS-0687-07 – KB HOME NEVADA. INC:  TAB Approved:  Companion item 12

VACATE AND ABANDON portions of right-of-way being Sweet Woodruff Drive and Massachusetts Lane located between Frias Avenue and Jones Boulevard in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).

Hammerhead turnarounds at the end of the streets are being eliminated to extend the street  to accommodate eight additional houses.

11.     VS-0706-07 – EAGLE RAINBOW CENTER. LLC:    TAB Approved

VACATE AND ABANDON 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).

The request provides for detached sidewalks.

12.     WS-0713-07 – KB HOME NEVADA. INC:   TAB Approved

WAIVER OF DEVELOPMENT STANDARDS to construct an attached sidewalk where a detached sidewalk is required in conjunction with a single family residential subdivision on 3.1 acres in an R-2 (Medium Density Residential) Zone. Generally located on the northwest corner of Frias Avenue and Jones Boulevard within Enterprise.

Attached sidewalks are the standard in this area.  The request maintains a uniform development pattern.

07/18/07 BCC at 9:00 am
13.     DR-0691-07 – EMERY FAMILY LIVING TRUST 1980. ET AL:   TAB Approved: Gas canopy lighting to be recessed and Civil engineering to review driveway access on Decatur.

DESIGN REVIEW for a shopping center on 5.6 acres in a C-2 (General Commercial) Zone. Generally located on the northeast corner of Decatur Boulevard and Cactus Avenue within Enterprise. 

The driveway on Decatur is shared with a mini-storage facility.  The traffic pattern at this point needs to be redone to avoid a conflict between incoming and out going traffic.

14.     NZC-0368-04 (ET-0184-07) – 10 STARR BERMUDA. LLC:   TAB Approved

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 10.0 acres from C-1 (Local Business) Zone and R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a commercial development.

                USE PERMIT for a convenience store with a car wash.

WAIVER OF DEVELOPMENT STANDARDS to reduce the separation between a convenience store and a residential use.
DESIGN REVIEW for a 92,000 square foot commercial center. Generally located on the south side of Starr Avenue and the west side of Bermuda Road within Enterprise (description on file).

The Enterprise Land Use Plan has changed since this project as initiated.  The zone change is now a conforming zone change and will not require a further extension of time.

15.     UC-0668-07 – VENTO INVESTMENTS. LLC:   TAB Denied

USE PERMITS for the following: 1) reduce the separation from a convenience store to a residential use; and 2) to reduce the separation from a car wash to a residential use.

WAIVER OF CONDITIONS of a zone change (ZC-0135-07) requiring an intense landscape buffer along the southern property line.

DESIGN REVIEW for a shopping center on 2.5 acres in a C-1 (Local Business) Zone in the MUD-3 Overlay District. Generally located on southwest corner of Windmill Lane and Decatur Boulevard within Enterprise.

The TAB/BCC had approved an ‘L- shaped’ retail area in February 2007 for this property.  The former project did not require any waivers and was a nicely designed retail center.  The property was sold.

The plans now depict a shopping center consisting of 3 buildings totaling 13,289 square feet. There will be a 4,000 square foot retail center on the southern portion of the site, a 4,000 square foot automobile maintenance facility on the western portion of the site, and a 3,642 square foot convenience store with a 1,647 square foot automated car wash and a gasoline canopy consisting of 16 pumps located in the central portion of the site.  Automobile maintenance is allowed in this zone as long as the overhead doors do not face a residential use or a public street. The overhead doors face to the east, towards Decatur Boulevard, but are buffered from the street by the car wash, convenience store, and a trash enclosure. 

The new project requires separation  waivers for the convenience store- 114 ft separation where 200 is required and the carwash 90 ft separation where 200 is required.  The TAB felt the noise generated by this project was too close to established residential property.  The stated reasons for the waivers were not justified.   Just because you want to build a project is not sufficient reason for a large waiver.  This is one of several examples where the staff considered waivers of greater than 40% from the code as appropriate.  The TAB felt otherwise.

                       
16.     UC-0693-07 – CLASS MAGGIE REVOCABLE TRUST. ET AL:  TAB Approved: Provide for cross access to the south

USE PERMITS for the following: 1) to reduce the separation from a convenience store to a residential use; and 2) to 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.

The separation waivers for the convenience store project are 194 feet where 200 is required and car wash 189 ft where 200 ft is required.  The 3% reduction and 6% reduction are reasonable.  The applicant has aligned the project to keep the noise elements as far away from the residential property as possible.

17.     VS-0379-07 – SOUTH VALLEY INVESTORS, LLC: TAB Approved: Per staff conditions

AMENDED VACATE AND ABANDON a portion of right-of-way being Las Vegas Boulevard South located between Bruner Avenue and St. Rose Parkway, and a portion of right-of-way being Bruner Avenue located between Las Vegas Boulevard South and Interstate 15 (previously not notified) in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District within Enterprise (description on file).

18.     VS-0662-07 – THI, NHU TRAN:   Hold until 1 Aug per applicant to meet with neighbors: Companion item 24

VACATE AND ABANDON easements of interest to Clark County located on the east side of Buffalo Drive and the south side of Mesa Verde Lane in an R-E (Rural Estates Residential) Zone within Enterprise (description on file).

The applicant is requesting a conforming zone change to an R-3 zone for a proposed multiple-family development consisting of 81 units at 16.2 dwelling units per gross acre. The maximum height of the proposed units will be 38 feet to the peak of the roofline.  The following waivers were requested:

1.      Increase building height to 38 feet where 35 feet is the standard (an 8.6% increase).
2.      Reduce the 3:1 height setback ratio to 46 feet where 96 feet is required (a 52.1% reduction).
3.      Reduce driveway throat depth to 51 feet where 100 feet is the standard (a 49% reduction).
This request drew a number of comments form the Nevada Trails residents who did not want any three story buildings next to their property.  The TAB suggested the developer and the residents meet in an attempt to work out their differences before the next TAB meeting.

19.     DR-1089-04 (WC-0185-07) – OCEAN TIDE, LLC, ET AL:   Hold until 1 Aug: Companion item 21

WAIVER OF CONDITIONS of a design review restricting certain lots to single story homes and requiring an 8 foot high block wall along the north and west property lines on 5.0 acres in an R-2 (Medium Density Residential) Zone. Generally located on the west side of Ullom Drive, 290 feet south of Robindale Road within Enterprise.

The original BCC decision on this property required the north and west boundaries to be eight foot walls and single story houses.  The applicant has requested a number of waivers to nullify the BCC decision.  The property owners to the north and west were present to defend the original BCC decision.  A question arose about the actual BCC wording, so the item was held.  Several of the waivers could be eliminated by removing one of the houses from each side of the cul-de-sacs.

 The TAB is seeing more BCC decisions being questioned and waivers requested.  It should be noted that the applicant did not agree to hold the items and they could go forward to the BCC without returning to the TAB.

20.     ZC-0167-02 (WC-0178-07) – ELDORADO INDUSTRIAL PARK, LLC: TAB Denied

WAIVER OF CONDITION of a zone change requiring one access point onto Eldorado Lane located as close to Dean Martin Drive (formerly Industrial Road) as Public Works will allow and permit two access points instead in conjunction with a wholesale/design center on 11.3 acres in an M-D (Designed Manufacturing) (AE-65) Zone in the MUD-2 Overlay District. Generally located adjacent to the northwest corner of Dean Martin Drive and Eldorado Lane within Enterprise.

The TAB felt this request was not reasonable.  The applicant stated the land use plan has changed in the area which justified the addition of another curb cut.  However, an examination of the current Enterprise Land Use Plan showed the area to the west to be RNP.  It has been consistent county policy to reduced the heavy truck traffic on  RNP  roads .  In addition, the curb cut is adjacent to an established residential cul-de-sac.  The TAB voted to uphold the original county decision.

21.     WS-0675-07 - OCEAN TIDE, LLC, ET AL: See item 19

WAIVERS OF DEVELOPMENT STANDARDS to reduce setbacks on 5.0 acres in an R-2 (Medium Density Residential) Zone. Generally located on the west side of Ullom Drive, 290 feet south of Robindale Road within Enterprise.

22.     ZC-0530-07 – DECATUR-FRIAS, LLC:   TAB approved: Zone change to C-1: TAB Denied:  Design Review

HOLDOVER ZONE CHANGE to reclassify 1.0 acre from R-E (Rural Estates Residential) Zone to C-2 (General Commercial) Zone.
DESIGN REVIEW for a restaurant and retail center. Generally located adjacent to the northeast corner of Decatur Boulevard and Frias Avenue within Enterprise (description on file).

This project is a Taco Bell, the retail center was eliminated from the project.  The TAB felt a Taco Bell did not require a C-2 zoning district.  The applicant stated all their projects are C-2.  This is not a sufficient reason for granting a C-2 zoning which could then be flipped and a much more intense project be put in its place.  (See item 13).  The exit for the drive-through lane conflicted with the entry from Decatur and was the basis for the Design Review denial.

23.     ZC-0658-07 – LEONARD R. DUMAS TRUST: TAB Approved: Zone change to RD

ZONE CHANGE to reclassify 5.1 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for future residential development. Generally located on the south side of Robindale Road, 660 feet west of Rainbow Boulevard within Enterprise (description on file).  

No plans were submitted with this zone change.  The property is in the middle of Nevada Trails and is surrounded by 1/4 acre residential property.  In addition the traffic pattern on Robindale would allow only right in, right out for the property.  The TAB felt the RD zone district was more in keeping with the area’s development,  and fewer residences equal less traffic.  NOTE: SWAN was contacted by one of the trustees for the Dumas Trust.  Mr. Dumas has died, and they are trying to settle the estate so that all of the assets can be delivered to designated recipients.  The trust is set up in California, and the trustee was not familiar with Nevada zoning protocols.  SWAN suggested that he hold the item so that we can meet with Nevada Trails residents and brief him on the general circumstances.  Nothing is set up at this time. 

24.     ZC-0663-07 – TRAN NHU THI:   See item 18

ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to R-3 (Multiple Family Residential) Zone.

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) increased building height; 2) reduce height setback ratio; and 3) reduce driveway throat depth.

DESIGN REVIEW for multiple-family units. Generally located on the east side of Buffalo Drive and the south side of Mesa Verde Lane within Enterprise (description on file).

25.      ZC-0676-07 – HOWE, THOMAS: TAB Approved: Per Staff Conditions

ZONE CHANGE to reclassify 4.4 acres from R-E (Rural Estates Residential) (RNP-I) Zone to R-D (Suburban Estates Residential) Zone.

WAIVER OF DEVELOPMENT STANDARDS for reduced setbacks in conjunction with future residential development. Generally located on the south side of Pyle Avenue and the west side of Bermuda Road within Enterprise (description on file).

This property land use classification was changed in the last Enterprise land use amendment.  The waiver of development standards was granted due to design change that provided a bus turnout on Bermuda and access to the project on Pyle.  This change provides a better traffic flow near the project.

Susan Ivy Allen
SWAN