ENTERPRISE TAB WATCH

Results

March 10, 2010

 

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

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

 

REGULAR BUSINESS

 

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

2.           Approve the Minutes for the meeting held on February 24, 2010.  Approved

3.           The classification and treatment of small grocery markets/specialty markets is not consistent between Titles 8 and 30.  The TAB will discuss these inconsistencies and make recommendations as necessary.

 

Recommend the Board of County Commissioners direct Department of Comprehensive Planning and Department of Business License to make changes in County code to establish a neighborhood/specialty market land use and business license. 

Authorize the Enterprise TAB Chair to forward point paper and TAB recommendation to the Board of County Commissioners.  APPROVED (see attachment 1 for point paper)

 

PUBLIC COMMENTS AND DISCUSSION

 

1.Has any action been taken on a public comment from a prior meeting about speed limits on Arville?  It was noted that these prior comments have been forwarded to the Public Works.

2.A query about the construction along I-15.  The public was referred to the NDOT project web site:

 

http:// www.i15southproject.com/

 

3.Concern about speeding along Tenaya.  The public can bring up traffic issues to the Metro Traffic Division or at Metro’s First Tuesday community liaison meeting.

 

ZONING AGENDA

 

         SEE ATTACHMENT A

 

PUBLIC COMMENTS AND DISCUSSION

 

The TAB will schedule appointments with County Commissioners to explain the TAB’s position on neighborhood/specialty markets.

 

NEXT MEETING DATE

March 31, 2010 6:30p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

ADJOURNMENT:

ATTACHMENT A

03/16/10 PC

 

1.      UC-0074-10 – FAITH HERITAGE SCHOOL DISTRICT:

APPROVED 4-1(RB) per Staff conditions and:

Design Review as a Public Hearing for lighting and signage.

Request the applicant brief the Traffic Study results to the TAB.

 

USE PERMIT for a place of worship with accessory uses.

 

DESIGN REVIEW for a place of worship with ancillary buildings on a portion of a 66.0 acre site in a P-F (Public Facility) Zone.  Generally located on the north side of Cactus Avenue and the east side of Amigo Street within Enterprise.  SS/md/dr 

 

The proposed place of worship will be constructed in 3 phases. Phase 1 will consist of a 43,805 square foot, 51 foot high place of worship (worship center/nursery) and a 23,670 square foot, 44 foot high children’s and administration building. Included within the place of worship will be a 1,500 seat worship center and nursery area. Phase 2 will consist of an expansion to the place of worship to increase the seating capacity to 2,300 seats within the building, a 2-story expansion of the children’s and administration building, the addition of a 2-story youth building, and an adjacent parking area. Phase 3 of the proposed development will consist of an additional parking area only. Access to the site will be granted from three 34 foot wide curb returns along Cactus Avenue.

 

The UC-1299-07 (ET-0020-10) – FAITH HERITAGE SCHOOL DISTRICT is developing a K -12 school on part of the 66 acres.  The two projects combined will significantly impact the neighborhood.

 

It seemed to the TAB that the applicant was in a hurry to get this project off the ground.  The Design Review was excellent in parts and lacking in others.  Several questions on design could not be answered or were ignored in the Design Review. This is a very intense project in a residential neighborhood which should be thoroughly examined by the Planning Commission, given the TAB concerns below. 

 

The first concern is the traffic generated by this project.  The only access to the property is by three curb-cuts on Cactus.  No other exit is available due to surrounding residential construction. The total parking capacity is 2,031 spaces when the project is complete.  The applicant stated the increased parking is to accommodate one service exiting while the next service is arriving.  This could cause peak traffic over a very short period of time.   The TAB was not sure the three planned driveways along Cactus could handle this volume.  One Civil Engineering condition is a traffic study.  The traffic study should include both projects that will be developed on the 66.0 acres. The TAB has requested the applicant bring the traffic study results to the TAB.

 

The second concern is the lighting and signage.  The applicant stated they would comply with all county development standards.  However, their design review did not include a detailed plan for lighting and the signage type had not been decided upon.  The TAB felt a public hearing was required on lighting and signage due to the neighborhood’s residential nature.  The applicant agreed to this condition.

 

The third concern is how the church and large school will coordinate with each other.  What level of shared facilities would occur?  The applicant did not have definitive answer to the degree of coordination and cooperation that would occur between the two groups developing uses on this site.  The school has an approved design review that will have to be changed because of this application.  It would have been better to have both applications in front of the TAB at the same time.  

 

The fourth concern is how the landscaping and walls will be built.  The applicant stated the final grade for this site will be about 10 feet below the neighbors.  Questions were asked about how the walls would be built and the landscape placed.  The applicant did not have an answer.

 

The applicant did not explain how the grade difference would affect their plot plan.  The driveways shown could not accommodate a 10 ft grade difference.  This site should have the engineering accompanying the Design Review because of the grade difference.  It is another example where why the site engineering and the traffic study should be part of the Design Review.

 

The fifth concern is the lack of a children’s playground.  The applicant stated they did not need one.   It is hard to imagine a facility of this size which serves children that does not need an outside play area.  The placement of playgrounds is problematic in residential neighborhoods.  The TAB has received complaints about excessive noise from playgrounds adjacent to residential backyards.  PC routine action item agenda item # 10

 

2.      WS-0060-10 – CANFAM HOLDINGS, LLC, ET AL:

APPROVED per Current Planning conditions

 

WAIVERS OF DEVELOPMENT STANDARDS to exceed the aggregate length for architectural enclosures on the side of proposed single family homes in conjunction with an approved subdivision on 57.6 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the north side of Silverado Ranch Boulevard and the east side of Jones Boulevard within Enterprise.  SS/ar/dr  PC routine action item agenda item # 12

 

3.      WS-0061-10 – CANFAM HOLDINGS, LLC, ET AL:

APPROVED per Current Planning conditions

 

WAIVERS OF DEVELOPMENT STANDARDS to exceed the aggregate length for architectural enclosures on the side of proposed single family homes in conjunction with an approved subdivision on 110.0 acres in an R-2 (Medium Density Residential) Zone.  Generally located on south side of Silverado Ranch Boulevard and the west side of Decatur Boulevard within Enterprise.  SB/ar/dr  PC agenda item # 13

 

03/17/10 BCC

 

4.      ZC-0380-08 (WC-0038-10) – MAJESTIC ENTERPRISE HOLDINGS, INC:

APPROVED per Staff Conditions and:

Offsite improvement agreement and/or deed restrictions to be executed.  The purpose is to ensure that the off-sites will be constructed when required by the county in conjunction with future developments by this applicant, Majestic Enterprise Holdings, Inc., or others.

 

WAIVER OF CONDITIONS of a zone change requiring the construction of full off-site improvements in conjunction with a future expansion of an existing resort hotel (Silverton) in an H-1 (Limited Resort and Apartment) Zone and an H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-2 Overlay District.  Generally located on the west side of Interstate 15, 1,500 feet south of Blue Diamond Road within Enterprise.  SS/dm/dr 

 

This application is still being reworked by Civil Engineering.  The applicant has the most current copy of the staff agenda sheet which was the basis for TAB action.  The staff is concerned the off-sites could be developed piecemeal if part of the property is sold off.

 

The applicant is combining several parcels into one parcel to facilitate future development of the Silverton.  The one vehicle to do this is a commercial sub-division map.  Normally, a commercial sub-division map is used to divide large parcels into several smaller pieces.  This action usually triggers the requirement to build or bond the off-site improvements for the project.  The Silverton desires to construct the off-sites as they develop their property.  The Silverton has met all of its previous agreements with the county and the TAB expects this will be the case in the future. They felt the applicant’s request is reasonable and the added condition will insure the off-sites will be built.  BCC agenda item # 20

 

5.      ZC-0515-09 (WC-0037-10) – MAJESTIC ENTERPRISE HOLDINGS, LLC:

APPROVED per Staff Conditions and:

Offsite improvement agreement and/or deed restrictions to be executed.  The purpose is to ensure that the off-sites will be constructed when required by the county in conjunction with future developments by this applicant, Majestic Enterprise Holdings, Inc., or others.

 

WAIVER OF CONDITIONS of a zone change requiring the construction of full-off sites with development in conjunction with an existing resort hotel (Silverton) in an H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-2 Overlay District.  Generally located on the east side of Dean Martin Drive, 300 feet north of Wigwam Avenue within Enterprise.  SS/dm/dr  

 

See Item # 4 above.  BCC agenda item # 21

 

6.      ZC-0062-10 – EVERETT INVESTMENTS, LLC:

APPROVED per Staff conditions and:

Develop the project as a gated community

 

ZONE CHANGE to reclassify 10.0 acres from R-2 (Medium Density Residential) Zone to R-3 (Multiple-Family Residential) Zone for a condominium development.

 

DESIGN REVIEW for a multi-family residential complex.  Generally located between Windmill Lane and Shelbourne Avenue, 600 feet east of Tenaya Way within Enterprise (description on file).  SS/co/dr 

 

This is a request for a conforming zone change for a 10 acre site from R-2 to R-3 zoning for a multi-family residential complex. The land use designation was changed during last year’s Enterprise Land Use Plan Major Update.  The plans depict a multi-family residential complex consisting of 178 residential units with a gross density of 18 dwelling units per acre.  The previous approved plan was a small lot single residential project with no amenities provided.

 

There was resident opposition to this project.  The residents to the south felt that a condo project was not appropriate for their area and did not fit with their single residences.  The fact that condos can become apartments was also part of their opposition.

 

The TAB felt this project was a significant improvement over the previous project proposed for the site.  This project has open space, sufficient parking, and pool/club house.  The TAB added the condition for this to be a gated community.  The applicant agrees with this condition.  They stated they would change the north entrance to comply with throat depth for a gated entry.  The south roadway will be an exit only.  This should reduce traffic on Shelborne and eliminate cut-through traffic.  This is an important consideration due to the high school just to the east of this project.  BCC routine action item agenda item # 12

 

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.

 

4.         TM-0006-10 – JONES BOULEVARD MARKET PLACE:

TENTATIVE MAP for a commercial subdivision on 2.0 acres in a C-2 (General Commercial) Zone in the CMA Design Overlay District.   Generally located on the northeast corner of Arby Avenue and Jones Boulevard within Enterprise. RR/mk/d

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.

 

7.         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

8.         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

 

No additional items of interest to Enterprise

 

 

BCC AGENDA ITEMS:

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

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

DENIED 5-0 Waiver of Conditions

HOLDOVER 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.

 

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

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

HOLDOVER 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.

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

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

HOLDOVER 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 item # 23

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.)

 

31.       ORD-0210-10:

That the Board of County Commissioners introduce an ordinance to amend the Red Rock Design Overlay District to create an exception that would remove Major Projects on specified land adjacent to but outside the boundaries of the Red Rock Canyon National Conservation Area from the Red Rock Design Overlay District regulations; and direct staff accordingly.

An ordinance to amend Title 30, Chapter 30.48, adding a new Section 30.48.312 delineating an exception to the Red Rock Overlay District and providing for other matters properly related thereto.  

32.       ORD-0206-10:

That the Board of County Commissioners introduce an ordinance and set a public hearing to consider adoption of an 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.

No additional items of interest to Enterprise

ORDINANCES - PUBLIC HEARING

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.