ENTERPRISE TAB WATCH

Results

February 10, 2010

 

Planning Commission 7:00 P.M., Tuesday, February 16, 2010.

Board of County Commissioners 9:00 A.M., Wednesday, February 17, 2010.

 

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.

 

CALL TO ORDER:

 

         1.  Introduction of County Staff.

         2.  Request all attendees sign in

 

REGULAR BUSINESS

 

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

2.  Approve the Minutes for the meeting held on January 27, 2010.    Approved

 

PUBLIC COMMENTS AND DISCUSSION

 

1. The Chair noted three capital budget items recommended by the TAB have been acted upon by the county:

·   A four-way stop or other traffic calming device installed at Buffalo and Windmill.   Four-way stop signs to be installed.

·   A three-way traffic light installed at Pebble and Durango.  Traffic signals out for bid.

·   Three-way stop signs (or a light) at Windmill and Durango so that Windmill traffic can safely enter. Traffic signs out for bid.

 

Thank you to Commissioner Brager and Commissioner Sisolak who helped move these projects forward.

2. Robert Horton operates a convenience store with gas station on the NW corner of Blue Diamond and Rainbow.  He had comments about the lane barrier on Rainbow north of Blue Diamond.  This island makes it difficult for customers to access his business. The result is business has dropped off since the construction of the lane barrier.  He proposes constructing a strip of asphalt down the west side of Rainbow (his property) between his convenience store and Wigwam so that his customers can return north to Wigwam via that strip and then be able to make the left turn north on Rainbow, which is now not possible.  The Chair directed this item be placed on the agenda for the meeting on February 24, 2010.

 

NEXT MEETING DATE

 

February 24, 2010 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

ATTACHMENT H (Holdover items)

 

02/16/10 PC

 

1-H.  UC-1438-07 (ET-0355-09) – TOLL SOUTH LV, LLC:

APPROVED 5-0 with conditions:

     1. Any new product proposed requires a Design Review as a Public Hearing.

     2. Developer is required to notify Mirasol Subdivision neighbors of any new product proposed.

        

USE PERMIT FIRST EXTENSION OF TIME to commence a residential planned unit development on 8.5 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located 1,000 feet east of Buffalo Drive and 600 feet south of Haleh Avenue within Enterprise.  SB/rk/dl 

 

This application is an example of what is happening within the Mountain’s Edge Master Planned Community.

 

·   Focus has been absent to defend its master plan

·   Builders have gone bankrupt, land goes to the bank, new builder buys the unfinished lots

·   Residents very concerned about new home products introduced into their master planned subdivision.

·   Residents are left in the dark about new home products under construction

·   The new home product may not blend in with the neighborhood.

·   Sub-division become something very different from what the current residents bought into

·   The continuity promised by the master planned community goes up in smoke

 

This application has drawn strong resident interest and concern.  The TAB recommendations are based upon the residents’ concerns. 

 

The TAB conditions are somewhat unconventional.  The TAB felt the absence of Focus to defend its master planned community has created a vacuum.  This vacuum needs to be filled to ensure some continuity within the Mountain’s Edge sub-divisions. One way to do that is bring the new products introduced into a sub-division into the public review process.  This would give the residents an opportunity to comment on what is happening around them.  It would also allow negotiations with the residents to help maintain continuity within a sub-division.  PC routine action item, agenda item # 4

 

02/16/10 PC

 

1.      WS-1471-07 (ET-0008-10) – CACTUS VILLAS:

APPROVED 5-0 per Staff conditions.  Change Current Planning bullet #1 to read:

                  Until April 15, 2011 to commence;

 

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

 

1) Reduce setbacks;

2) Reduce driveway length; and

3) Trash enclosure requirements.

 

DESIGN REVIEW for a multi-family residential development on 5.0 acres in an R-3 (Multiple Family Residential) Zone in the MUD-4 Overlay District.  Generally located on the north side of Cactus Avenue and the east side of Radcliff Street (alignment) within Enterprise.  SS/jt/dr 

 

The change to commence date aligns the date on both applications (items 7 and 8 on the PC agenda).  The extension length was adjusted to be consistent with recent BCC actions. PC routine action item, agenda item # 7

 

2.      WS-0211-08 (ET-0009-10) – CACTUS VILLAS:

APPROVED 5-0 per Staff conditions.  Change Current Planning bullet #1 to read:

              Until April 15, 2011 to commence;

 

WAIVER OF DEVELOPMENT STANDARDS FIRST EXTENSION OF TIME to commence a portion of a sidewalk to be attached where a detached sidewalk is required in conjunction with an approved multi-family residential development on 4.3 acres in an R-3 (Multiple Family Residential) Zone in the MUD-4 Overlay District.  Generally located on the north side of Cactus Avenue and the east side of Radcliff Street (alignment) within Enterprise.  SS/jt/dr 

 

Same item # 1 above.  PC routine action item, agenda item # 8

 

3.      WS-0013-10 – KB HOME NEVADA, INC.:

DENIED 5-0 Waivers of Development Standards 1 & 2;

DENIED 5-0 Waiver of Conditions

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced rear setback;

2) Reduced perimeter side setback; and

3) Reduced garage setback

 

in conjunction with proposed single family residences on approximately 17.0 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located on the west side of Durango Drive, 560 feet north on Mountains Edge Parkway within Enterprise.  SB/rk/ph 

 

This application is an example of what is happening within the Mountain’s Edge Master Planned Community.

 

·   Focus has been absent to defend it master plan

·   Builders has have gone bankrupt, land goes to the bank, new builder buys the unfinished lots

·   Residents very concerned about new home products introduced into their master planned subdivision.

·   Residents are left in the dark about new home products are under construction

·   The new home product may not blend in with the neighborhood.

·   Sub-division become something very different from what the current residents bought into

·   The continuity promised by the master planned community goes up in smoke

 

This is another example where Mountain’s Edge residents are very concerned with the sub-division development.

 

This product has not produced a neighborhood that works for the residents. The HOA has banned on street parking. This ban is a result of emergency vehicles not being able to reach a location where they are needed.  The 5 ft driveways and the minimal distance between driveways result in significant parking problems. The roads are narrow with no sidewalks. This sub-division was designed to pack the greatest number of houses into the sub-division.

 

The TAB also felt no waivers should be granted until the project is made more livable for the residents through the addition of additional parking and open space.

 

PC agenda item # 23    This has been re-noticed and will go to the BCC on March 3, 2010.

 

02/17/10 BCC

 

4.      DR-1260-07 (ET-0333-09) – MDDNE, LLC:

APPROVED 5-0 per Staff conditions

 

HOLDOVER DESIGN REVIEW FIRST EXTENSION OF TIME to commence a shopping center on 10.0 acres in a C-2 (General Commercial) Zone.  Generally located on the southwest corner of Windmill Lane (alignment) and Fort Apache Road within Enterprise.  SB/mc/nd  BCC routine action item, agenda item # 3

 

5.      DR-1463-07 (ET-0342-09) – MDDNE, LLC:

APPROVED 5-0 per Staff conditions

 

HOLDOVER DESIGN REVIEW FIRST EXTENSION OF TIME to commence signage and site lighting in conjunction with an approved shopping center on 10.0 acres in a C-2 (General Commercial) Zone.  Generally located on the southwest corner of Windmill Lane (alignment) and Fort Apache Road within Enterprise.  SB/mc/nd  BCC routine action item, agenda item # 4

 

6.      VS-1318-07 (ET-0012-10) - UNITED STATES OF AMERICA:

APPROVED 5-0 per Staff conditions

 

VACATE AND ABANDON FIRST EXTENSION OF TIME for a portion of right-of-way being Sorrel Street located between Cougar Avenue and Ford Avenue in a P-F (Public Facility) Zone within Enterprise (description on file).  SS/jt/dr  BCC routine action item, agenda item # 6

 

7.      VS-1468-07 (ET-0006-10) - CFT LANDS, LLC:

APPROVED 5-0 with the added condition: 

The Vacation and Abandonment of the portion of right-of-way being Oleta Avenue located between Jones Boulevard and Westwind Road (alignment) not be granted until westbound access, currently on Oleta, has been replaced.

 

VACATE AND ABANDON FIRST EXTENSION OF TIME for easements of interest to Clark County located between Oleta Avenue (alignment) and Serene Avenue, and between Jones Boulevard and Westwind Road (alignment), and a portion of right-of-way being Jones Boulevard located between Oleta Avenue and Serene Avenue, and a portion of right-of-way being Oleta Avenue located between Jones Boulevard and Westwind Road (alignment) in an R-2 (Medium Density Residential) Zone with a portion in the MUD-3 Overlay District within Enterprise (description on file).  SS/jt/dr 

 

The vacation of Oleta between Jones Blvd to Westwind Rd needs to be closely examined.  The original TAB recommendation on this vacation was Oleta right-of-way should be dedicated.  However, TAB’s recommendation was forwarded as approved with no explanation that the TAB supported the Staff recommendation for the dedication of Oleta.  Our current TAB has corrected the problem by ensuring its recommendations are forwarded with sufficient explanations. 

 

Two factors have changed since the original application. 

 

First, the Enterprise Land Use Plan Goals and Policies have changed.  Policy 2.19, page 61, was added.

 

Policy 2.19

Discourage the premature vacation of local streets.

 

This policy was added due to the number of local streets being vacated before the area traffic patterns are determined.  The TAB experience is too many streets have been vacated without considering future development.  The best example in Enterprise is the area between I-15 to Las Vegas Blvd.  It is virtually impossible to develop north/south roads in that area to help relieve traffic on Las Vegas Blvd.  The area north of Oleta is another example where the area was not considered as each vacation was made.

 

Second, the NDOT completion of Blue Diamond Road has significantly altered the area traffic patterns and access required for emergency services. (The area bounded by Lindell, Serene, Jones and Blue Diamond.)

·      Westwind is now right in and right out

·      Agate no longer accesses Jones

·      Signal-protected left turn is only available at Jones and Decatur

·      A section of Agate Rd is a private road and blocked

·      Another section of Agate Rd has been approved as a private road, current status unknown

·      Duneville has been vacated north of Serene

·      The area collector streets (Lindell and Serene) have sections that are dirt

·      Park access may be impacted

 

Possible solutions

1.   Require Oleta to be dedicated

2.   Require only the current paved portion of Oleta to be dedicated

3.   Vacate Oleta and pave Lindell and Serene to provide access to the west

4.   Do not allow the vacation of Oleta until such time Lindell and Serene are paved as part of area development.

BCC routine action item, agenda item # 7

 

8.      UC-0007-10 – BAHJI PARTNERS, LTD:

APPROVED 4-0 (Kapriva abstained) per Staff Conditions with an added condition:

The Use Permit and Waiver of Conditions apply to suites 11 and 12 only.

 

USE PERMITS for the following:

 

1) A convenience store; and

2) Reduced separation between a convenience store and a residential use

 

in conjunction with an existing retail store (European Delicacies) on a portion of 4.1 acres in a C-1 (Local Business) Zone.

 

WAIVER OF CONDITIONS of a zone change (ZC-0814-02) strictly prohibiting a convenience store with or without fuel pumps in the commercial project.  Generally located on the west side of Rainbow Boulevard, 1,015 feet south of Robindale Road within Enterprise.  SS/jr/dr 

 

This application posed a dilemma for the TAB.  The TAB supports the maintenance of conditions placed on a zoning application.  It also wants to see the small businessperson prosper.  This application has to fit into one of two uses that can sell packaged goods.  The two uses are convenience and grocery stores.  This applicant is too small to qualify as a grocery store (6000 sq ft minimum).  Yet, that is their business.  There needs to be a change to the development code to allow a small business to qualify for a limited liquor license and not be called a convenience store.  The convenience store use with a 24 hour operation and gas pumps is not appropriate for this location.

 

The TAB felt two factors worked in favor of the applicant.  First, the hours of operation are being restricted to the current store hours.

 

Hours of operation limited to:

Monday thru Friday 10:00 a.m. to 8:30 p.m.

Saturday 10:00 a.m. to 8:00 p.m., and

Sunday 10:00 a.m. to 6:00 p.m.

 

Second, the location within the complex does not favor the expansion into a full convenience store operation.

 

Another concern is a second person acquiring the convenience store use from the applicant and creating a more intense use.  The TAB added a condition that only the suites currently being used by the applicant will have this wavier attached.  BCC agenda item # 19

 

9.      WS-0015-10 – COUNTY OF CLARK (AVIATION):

APPROVED 4-0 per Staff conditions

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Eliminate parking courts; and

2) Eliminate parking lot landscaping.

 

WAIVER OF CONDITIONS of a zone change (ZC-0089-06) requiring full off-site improvements.

 

DESIGN REVIEW for a parking lot on a portion of 15.0 acres in an M-D (Designed Manufacturing) Zone and an M-D (Designed Manufacturing) (AE-60) Zone in the CMA Design Overlay District.  Generally located on the north side of Badura Avenue and the west side of Decatur Boulevard within Enterprise.  RR/jr/ph 

 

The TAB concern with this waiver is how long will it be in effect.  In too many case waivers have been carried on for ten years and the promised compliance with development standards has not been meet. BCC routine action item agenda item # 10

 

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 additional items of interest to Enterprise

 

PC AGENDA:

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.

 

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

TAB:  APPROVED (subject to the removal of Current Planning condition for the design review as a public hearing on final plans).

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

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

TAB: APPROVED

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

14.       ZC-0736-09 – NEVADA SENIOR HOLDINGS, LLC:  

TAB APPROVED per Staff conditions and add three Current Planning conditions:

·      Design Review for lighting and signage as a Public Hearing

·      Eliminate trash enclosures from west side of western building

·      No deliveries on west side of western building

ZONE CHANGE to reclassify 5.2 acres from R-E (Rural Estates Residential) Zone and C-2 (General Commercial) Zone to U-V (Urban Village - Mixed Use) Zone in the MUD-4 Overlay District for a mixed use development.

USE PERMITS for the following:

1) A congregate care facility; and

2) Increase building height.

DESIGN REVIEWS for the following:

1) A mixed use development consisting of residential, congregate care, commercial, and open space; and

2) A manmade decorative water feature.   

Generally located on the north side of Jeffreys Street/Ione Road, 500 feet west of Eastern Avenue within Enterprise (description on file). SS/dk/nd

15.       TM-0001-10 – NEVADA SENIOR HOLDINGS:

TENTATIVE MAP for a commercial subdivision on 5.2 acres in U-V (Urban Village - Mixed Use) Zone in the MUD-4 Overlay District.   Generally located on the north side of Jeffreys Street/Ione Road, 500 feet west of Eastern Avenue within Enterprise. SS/dk/nd

No additional items of interest to Enterprise

 

BCC AGENDA ITEMS:

 

16.       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

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.       ORD-0056-10:

That the Board of County Commissioners introduces an ordinance to modify conditions for materials recovery facilities; and direct staff accordingly.

An ordinance to amend Title 30, Chapter 30.44, Table 30.44-1 to clarify materials recovery facility size and building requirements 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.