Note: The hearing dates for the PC and BCC
Planning Commission 7:00 P.M.,
The PC decisions/recommendations may be appealed to the
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)
Note: The April 6, 2010, Planning Commission meeting is canceled.
The April 7, 2010, Board of
1. Approve the Agenda with any corrections, deletions or changes. Approved
2. Approve the Minutes for the meeting held on March 10, 2010. Approved
3. Receive a report from the
The committee now has reviewed second drafts for several sections of its report. The next meeting of the Enterprise TAB Residential Buffering Sub-Committee is April 19, 2010, at the Enterprise Library.
4. Receive public comment, discuss, make recommendations and take action as required on changes to Title 8, Liquor and Gaming Licenses and Regulations.
The Enterprise TAB recommends the following:
· The current 1500 ft distance restriction between liquor establishments to churches, schools and teenage dance halls be retained in Title 8.
· Metro background checks on all liquor related personnel be retained.
The April 6, 2010, Planning Commission meeting
is canceled. The Planning Commission
items heard by the TAB on
The April 7, 2010, Board of County
Commissioner zoning meeting is canceled.
The Board of County Commissions zoning items heard by the TAB on
SEE ATTACHMENT A
PUBLIC COMMENTS AND DISCUSSION
BY THE G
The time period between the TAB/CAC meetings
to the PC or BCC meetings has been increased by two weeks. The agendas for the
PC and BCC will be published 7 to 10 days prior to those meetings. The result is that agenda information
normally provided in the TAB watch is not available at this time. The staff agenda sheets will not be available
on the county website until the PC and
1. UC-0191-04 (ET-0044-10) – RAGEN, MONICA:
APPROVED, per Current Planning conditions
USE PERMITS SECOND EXTENSION OF TIME to review the following:
1) Increase the number of horses; and
2) Allow alternative landscaping on 2.5 acres
an R-E (Rural Estates Residential) Zone.
on the west side of
The TAB felt the applicant is an excellent
operator who provides a much needed service in
2. UC-0730-09 –
DENIED, Use Permits #1 and #2
APPROVED, Use Permit #3 with conditions:
· Use Permit #3 (school) be restricted to kindergarten only
· A maximum of 25 students
· 2 year Review of the Special Use Permit for the school as public hearing.
DENIED, Waivers of Development Standards #1 and #2
DENIED, Design Reviews #1, #2 and #3
HOLDOVER 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; and
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
3.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the southwest corner of
The Good Samaritan Lutheran Church and the neighbors are diametrically opposed. The Church does not see the neighbors as part of its community. The Church wants to use trailers for their school (currently not permitted). The neighbors want the trailers gone and no school. The TAB has examined this application over two meetings. The first meeting ended with the TAB requesting a strategic plan for the property.
There are two elements to this application. First is the use of trailers and their fit on the property. The second is if a school can be established on the property without adversely affecting the neighborhood.
Four structures have been placed on the property without building permits or land use approval. An active zoning violation case (ZV -09-26806) has been opened regarding the structures. The two modular trailers are former construction trailers. Good Samaritan intended to use these as classroom space for two years. The Church felt it could start building permanent classrooms in two years. The TAB considered several factors in its decision.
· Modular buildings are not compatible with the existing buildings.
· The commercial developer to the west is opposed to the trailers.
· The neighbors to the east are opposed to the trailers.
· The TAB did not agree with the state official who stated the trailers are suitable classrooms.
· The Church stated trailer use would be only for two years. The TAB felt that once the trailers were permitted they could end up being used for a much longer period. It is very difficult to deny an extension of time application.
The second element of this application is the school. The TAB is concerned the Church does not have a strategic plan of how all the proposed activities will fit on the current property. There is no additional property into which they can expand. The west is a deed-restricted commercial project. To the south is deed-restricted vacant land. The Church presented a three-phase plan of how they would grow into the site. This plan has not been reviewed by staff or the neighborhood. The TAB considered the following factors.
· The church is currently operating a school (kindergarten) without permits.
o Special use permit
o Southern Nevada Health District (SNHD) permit
· The proposed school would be K-5 with approximately 120 students.
· The current day care building can accommodate 97 children.
· The proposed school, current kindergarten and day care are income producing commercial activities.
· The sanctuary (not built) and additional parking take up most of the available space.
· The plan may meet the county minimum parking standards.
o The building uses have not been analyzed by the county staff.
o Experience indicates this facility is under-parked and may congest the neighborhood streets.
o Day care facility is used as a fellowship hall/Sunday school. Is only parked as a day care.
· The neighbors to the east are opposed to the school due to the increased daily activity that 200+ children would generate in a residential neighborhood.
· TAB is concerned about the facilities’ ability to accommodate 200+ children.
o Very little outdoor play area is shown on the three-phase plan.
o The plan showed classrooms without restrooms, storage and other facilities associated with a school.
Without a detailed strategic plan, reviewed by the staff and neighborhood, the TAB was not willing to approve a blanket use permit for a school. The kindergarten currently in session is not dependent on using the modular trailers. The TAB decided to narrowly condition a school use permit to prevent disruption to the families dependent on it.
· The developer to the west volunteered to help with a site plan to migrate some of the effects on the neighborhood.
· The suggestion was made that the church could look for an alternative site for its school. There are many vacant commercial spaces available.
· Previous use permit conditions be complied with.
3. UC-0093-10 – MAJ
APPROVED, per Staff conditions
USE PERMIT for deviations to development standards per plans on file.
DEVIATIONS for the following:
1) Permit live entertainment for a temporary outdoor commercial event to be conducted
until where daytime hours () are the standard.; and
2) All other deviations as depicted per plans on file in conjunction with a resort hotel (Silverton)
a portion of 78.2 acres in an H-1 (Limited Resort and Apartment) (AE-60)
(AE-65) Zone and a C-2 (Commercial General) Zone in the MUD-2 Overlay
District. Generally located on the south side of
This is a use permit to allow a temporary outdoor commercial event (San Gennaro Festival) to conduct live entertainment outside of daytime hours and a design review for a temporary outdoor commercial event.
Two festival events are planned for 2010: a 5-day
4. VS-0076-10 – SOUTHERN HIGHLANDS DEVELOPMENT CORPORATION:
HELD by applicant until
VACATE AND ABANDON easements of interest to Clark County located between Starr Avenue and Southern Highlands Parkway, and between Valley View Boulevard and Procyon Street and a portion of right-of-way being Starr Avenue located between Valley View Boulevard and Procyon Street in a P-F (Public Facility) P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community within Enterprise (description on file). SB/rk/dr
5. WS-0084-10 – RICH
DENIED 4-0, per Staff recommendation
OF DEVELOPMENT STANDARDS for reduced setbacks for a proposed single family
residence on 0.1 acres in an R-2 (Medium Density Residential) Zone. Generally located on the north side of
This is a case where one developer has gone out of business and another developer has purchased the unfinished lots. Here, the properties adjacent to hammerheads have a reduced depth. The original developer had requested and received reduced setbacks for the backyards. The new developer wants to further reduce the setbacks.
The TAB agreed with the staff analysis and recommendation that additional setback reductions are not good for the neighborhood and could set a precedent for other developers. Reduced front and rear setbacks have been consistently discouraged by the TAB. The developer should find a house plan that fits within the current setback reductions.
6. WS-0086-10 – RICH
DENIED 4-0, per Staff recommendation
OF DEVELOPMENT STANDARDS for reduced setbacks for 2 proposed single family
residences on 0.2 acres in an R-2 (Medium Density Residential) Zone. Generally located on the east and west sides of
See item # 5 above
7. WS-0087-10 – RICH
DENIED 4-0, per Staff recommendation
OF DEVELOPMENT STANDARDS for reduced setbacks for 3 proposed single family
residences on 0.3 acres in an R-2 (Medium Density Residential) Zone. Generally located 80 feet east of
See item # 5 above
Delete Current Planning bullet #1.
Add Current Planning condition:
· Review as a Public
PERMIT THIRD EXTENSION OF TIME to review up to 15 exotic animals (tigers and
leopards) on 1.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the north side of
The applicant is a magician and illusionist and the cats are used in his performances. The original application was approved to allow a maximum of 15 large cats. The applicant states he has had this permit to allow the large cats on the property for 14 years without any incidents or complaints, except for one prank complaint.
The applicant requested a use permit without a time limit. The TAB considered two factors in its decision. First, the applicant’s location has about a 50/50 mix of deed-restricted land and unrestricted land. The developmental pattern for that area is not apparent at this time. It could go residential or commercial. The TAB would like to see how the area develops before the use permit time limit is removed.
Second, the TAB is reluctant to grant a use permit without a review period. The use permit runs with the property not the owner. If the business is sold and the next operator is not as conscientious, use permit revocation by the county is difficult.
9. ZC-0542-09 – ALPER LIMITED PARTNERSHIP:
APPROVED 4-0, per Staff conditions and:
Add Current Planning conditions:
· Applicant to work with residential development to the west to provide pedestrian access.
· If parcel 17621201028 is developed as commercial, the Design Review may be modified by removing the 10 ft landscape buffer and extending the southernmost building to the property line.
Change Civil Engineering bullet #1 to read:
· Construct full
USE PERMITS for the following:
1) Supper club (previously not notified);
2) Reduce the separation from a residential use for a supper club (previously not notified); and
3) Reduce the separation from a residential use for outside dining and drinking (previously not notified).
REVIEW for a shopping center in the MUD-4 Overlay District (previously not
notified). Generally located on the north side of
The applicant has designed a shopping center
minimizing adverse impact on the adjacent residential area. The plans depict a
33,900 sq ft shopping center consisting of 2 buildings oriented along both
street frontages. The site plan shows 2 access points along
· There is a 30 ft wide buffer for the majority of the north and west property lines.
· 10 ft wide intense landscape buffer along the west, adjacent to the supper club.
The streetscape landscape buffers:
This zone change was previously approved by
the TAB. Commissioner Sisolak requested
the applicant also submit a design review for the property and have the TAB
review the plans. The supper club waiver
is required because the adjacent property is planned for residential. However, the adjacent property is currently
zoned H-2 (fronts
The TAB conditions were based upon the following:
· The Enterprise Land Use plan calls for a circulation pattern to be established to reduce vehicle traffic. The pedestrian access to the western residential area helps this objective.
· If the adjacent property is developed as commercial, the 10 ft landscape buffer is not required and the southernmost building can be extended 10 ft.
Full off sites are required on