ENTERPRISE TAB WATCH

Results

February 24, 2010

 

Planning Commission 7:00 P.M., Tuesday, March 2, 2010.

Board of County Commissioners 9:00 A.M., Wednesday, March 3, 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 with corrections

2.Approve the Minutes for the meeting held on February 10, 2010.  Approved

3.Approve the Minutes for the meeting of the Residential Buffering Sub-Committee held on February 9, 2010  Approved

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

Tabled until March 31, 2010,    The committee now has reviewed drafts for several sections of its report.  Jason Andoscia has volunteered to help write the section on desired design criteria. The next meeting of the Enterprise TAB Residential Buffering Sub-Committee is March 22, 2010, 6:30 p.m. at the Enterprise Library. 

 

5.Review the vehicle access for the convenience store at northwest corner of Blue Diamond Rd and Rainbow Blvd and make recommendations as necessary.  No Action

The following statement is by the owner, Robert M Morton, of the Short Line Express Market at Rainbow and Blue Diamond,

“At the last Enterprise TAB meeting, I requested that the Board put me on the agenda for the above referenced TAB meeting. It concerned altering the newly-constructed median in Rainbow Blvd @ Blue Diamond Rd. Since my request, I have met with the Director of Public Works and they have agreed to make U-turns legal at the intersection. We are going to see what effect this has on our customers’ ability to access our business over the next couple of months.  Please pass along my thanks to the Board Members and Tiffany Hesser for their consideration with this matter.”

 

PUBLIC COMMENTS AND DISCUSSION

1.A TAB member requested that the white stripes on Arville at the intersection of Arville and Windmill be removed now that the stop sign at the intersection has been moved from the Arville north/south direction to the Windmill east/west direction.  A problem exists that drivers traveling on Arville are still stopping at the intersection because of the white stripes.

 

2.A suggestion that the speed limit on Arville between Warm Springs and Blue Diamond could be raised to 35 mph; another person felt the speed limit should best remain 25 mph.

 

3.Information developed after the last TAB meeting points to a problem for some small businesses.  The Business Licensing Dept. has been issuing business licenses for ‘mom and pop’/ethnic groceries, butcher shops, etc., as ‘grocery.’  However, most are too small to qualify as grocery under Title 30.  The divergence between Titles 8 and 30 could put the small grocery out of business.  The discussion of this problem will be placed on the March 10, 2010 agenda.

 

NEXT MEETING DATE

March 10, 2010 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

ADJOURNMENT:

 

ATTACHMENT A

03/02/10 PC

 

1.      UC-1299-07 (ET-0020-10) – FAITH HERITAGE SCHOOL DISTRICT:

TAB APPROVED per Staff conditions

 

USE PERMIT FIRST EXTENSION OF TIME to commence a school on 74.5 acres in a P-F (Public Facility) Zone.

 

DESIGN REVIEW for a school on a 10.1 acre portion of the site.  Generally located on the north side of Cactus Avenue and the east side of Amigo Street (alignment) within Enterprise.  SS/tc/dr 

 

The representative for this applicant stated that a new Design Review would be coming forward shortly because the congregation has decided to place their church on this property.  This is in addition to the currently planned school.  PC routine action item agenda item # 8

 

2.      UC-0730-09 – GOOD SAMARITAN LUTHERAN CHURCH:

HELD by applicant until March 31, 2010

 

USE PERMITS for the following:

 

1) Accessory structures which are not architecturally compatible with the principal building;

2) Alternative design standards for an accessory structure;

3) A school in conjunction with an existing place of worship.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Allow modular buildings with flat roofs to not be screened with parapet walls; and

2) Allow mechanical equipment on modular buildings to be unscreened.

 

DESIGN REVIEWS for the following:

 

1) 2 modular buildings;

2) A storage container; and

3) A storage building in conjunction with an existing place of worship and daycare facility

 

on 3.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southwest corner of Windmill Lane and Gagnier Boulevard within Enterprise.  SS/mc/nd 

 

This item resulted in a prolonged discussion with the following points:

 

1.The neighbors do not like the idea of a school.

2.The TAB had serious questions about using construction trailers as classrooms.

3.There is a lack of strategic planning on the applicants’ part.

4.The piecemeal development of the property without a strategic plan will result in problems down the road.

5.There is a potential to be seriously under parked even through the current plan meets minimum county standards.

6.The TAB needs to know how the school will develop before rendering a decision on a school permit.

 

This application in its current form is the equivalent of half a sub-division plan and being asked to approve the entire sub-division.  PC agenda item # 27

 

3.      UC-0042-10 – ALMA GW AZ, LLC, ET AL:

TAB APPROVED: 3-2 per Staff conditions with added Current Planning condition that the approval be site specific to Suite #’s 120 and 125

 

USE PERMITS for the following:

 

1) A convenience store; and

2) Reduce the separation from a proposed convenience store to a residential use to 15 feet

where a 200 foot separation is the standard (a 93% reduction).

 

in conjunction with an existing shopping center on 2.8 acres in an H-2 (General Highway Frontage) Zone in the MUD-4 Overlay District.  Generally located on the southwest corner of Blue Diamond Road and Cimarron Road within Enterprise.  SB/tc/dr 

 

The application raises the question of when is a standards reduction too great.  Is a large reduction in the standard justified because the backdoor is an emergency exit and there is a landscape buffer/wall in place?  The reduction of standards is incremental.  It is a series of small actions that, over time, chip away at the standard until the standard become meaningless. 

 

The TAB was split on this recommendation.  One group felt this convenience store would not have an adverse impact on the neighborhood.  They felt the current buffer was sufficient to protect the neighbors.  The other factor is the back of the convenience store faces the neighborhood.  The applicant stated the front door would be used for the service entrance.  Experience has demonstrated that this may not be the case.

 

A reduction in the distance required by Title 30 was justified by ‘unique circumstances’ for this application.  Using this reasoning, most code protections can be ignored.

 

The other opinion was a 24 hour operation, 15ft from someone’s backyard, is not acceptable.  The 24 hour nature of this application is not appropriate for a neighborhood commercial center. This is the second 24 hour business in this center.  The applicant also indicated a tavern is being planned for this center.  The trend is toward a more intense land use than was intended.

 

The application as written by the staff would add a convenience store permit to any location within the center.  The TAB desired the permit be restricted to the two suites currently proposed for the convenience store.  PC routine action item agenda item # 15

 

4.      WS-0035-10 – NEWCASTLE 1, LLC:

TAB APPROVED per Current Planning conditions

 

WAIVER OF DEVELOPMENT STANDARDS to exceed the combined length for 2 architectural enclosures on the side of proposed single family homes in conjunction with an approved subdivision on 8.8 acres in an R-2 (Medium Density Residential) Zone in the MUD-3 Overlay District.  Generally located on the west side of Arville Street, 224 feet north of Blue Diamond Road within Enterprise.  SS/tc/dr  PC routine action item agenda item # 22

 

5.      WS-0043-10 – ELIOT A. ALPER REVOCABLE TRUST:

TAB APPROVED per Current Planning conditions

 

WAIVER OF DEVELOPMENT STANDARDS to reduce rear yard setbacks for 2 proposed single family homes in conjunction with an existing single family subdivision on 0.2 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the west side of Bouncing Ball Street, 130 feet south of Candyland Avenue within Enterprise.  SB/mc/dr 

 

Reduce the rear yard setback for Lot 52 to 14.6 feet and Lot 53 to 14.8 feet where 15 feet is the standard (a 2.6% and a 1.3% reduction, respectively). Because the requested setback reduction is less than a 10% deviation, an administrative minor deviation application could have been filed in place of the waiver of development standards.  However, one requirement of the minor deviation application is that notarized signatures from all affected, adjacent property owners be submitted. In this case, the applicant states that all these signatures could not be obtained. PC routine action item agenda item # 23

 

03/03/10 BCC

 

6.      WS-0052-10 – SPINNAKER HOMES III, LLC, ET AL:

TAB APPROVED per Current Planning conditions 4-0 (RB abstained)

 

WAIVER OF DEVELOPMENT STANDARDS to appeal an administrative application for an extension of time in lieu of an off-site permit in conjunction with a proposed residential development on 14.2 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the northeast corner of Haven Street and Eldorado Street within Enterprise.  SS/al/dr 

 

Most of the work has been completed for these off-site improvements.  However, some of the work has to be corrected.  The applicant was using profit proceeds of new home sales to fund the work to fix the off-site improvements that needed to be corrected.  The applicant is maintaining a bond which guarantees the work will be completed.  Civil Engineering did not indicate if the bond was adequate to complete the work.

 

The TAB most likely will see more applications of this type as developers run out of administrative extensions to complete off-site work.  If the developer goes out of business, the county must be willing to call the bonds to complete the work.  BCC agenda item # 20

 

7.      WS-0053-10 – SPINNAKER HOMES III, LLC:

TAB APPROVED per Current Planning conditions 4-0 (RB abstained)

 

WAIVER OF DEVELOPMENT STANDARDS to appeal an administrative application for an extension of time in lieu of an off-site permit in conjunction with a proposed residential development on 20.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone, an R-E (Rural Estates Residential) Zone, an R-D (Suburban Estates Residential) Zone, an R-2 (Medium Density Residential) Zone, a C-P (Office and Professional) Zone, a C-1 (Local Business) Zone, a C-1 (Local Business) (AE-60) Zone, and an H-1 (Limited Resort and Apartment) Zone.  Generally located on the northeast corner of Haven Street and Eldorado Street within Enterprise.  SS/al/dr   

See  #6.   BCC agenda item # 21

 

8.      ZC-0039-10 – SOUTHERN HIGHLANDS DEVELOPMENT CORP:

TAB APPROVED per Staff conditions

 

ZONE CHANGE to reclassify 0.3 acres from R-E (Rural Estates Residential) Zone to P-F (Public Facility) Zone.

 

USE PERMIT for a dog park.

 

DESIGN REVIEW for a dog park and all associated uses in the Southern Highlands Master Planned Community.  Generally located on the south side of Starr Avenue, 200 feet east of Valley View Boulevard within Enterprise (description on file).  SB/rk/dr 

 

The Southern Highlands Development Corp is donating the land and constructing the dog park.  The Southern Highlands Master Homeowners’ Association will be responsible for the park maintenance.  This is an infill development which provides additional amenities to the area where otherwise it could be left vacant and unused.  The Southern Highlands Development Corp must be complemented for this action toward improving their community. This is an excellent use of an irregular-shaped piece of land.  BCC routine action item agenda item # 12

 

9.      ZC-0044-10 – HUDGENS, RICHARD S.:

HELD by applicant until March 31, 2010

 

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a plant nursery.

 

DESIGN REVIEW for a plant nursery.  Generally located on the southwest corner of Mesa Verde Lane and Decatur Boulevard within Enterprise (description on file).  SS/al/dr  BCC 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.

 

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.

No additional items of interest to Enterprise

 

BCC AGENDA ITEMS:

 

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

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

DENIED 5-0 Waiver of Conditions

AMENDED WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Reduced rear setback; and

2) Reduced perimeter side setback; and

3) Reduced garage setback (changed to a waiver of conditions)

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.

WAIVER OF CONDITIONS of a waiver of development standards (WS-1048-04) for the following:

1) Subject to the revised site plan dated 08/11/04 (previously not notified);

2) Garage setback being 5 foot on lots shown on plans dated 08/11/04 and all dead-end and stub streets and alley (previously not notified); and

3) Garage doors being set back on all remaining lots at 19 feet or greater (previously notified as a waiver of development standards).   

Generally located on the west side of Durango Drive, 560 feet north on Mountains Edge Parkway within Enterprise. SB/rk/dr

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.

 

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.)

No additional items of interest to Enterprise

ORDINANCES - PUBLIC HEARING

33.       ORD-0056-10:

That the Board of County Commissioners consider 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

 

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.