Note the PC and BCC hearing dates on each section below.
1. Approve the Agenda with any corrections, deletions or changes. Approved 5 - 0
2. Approve the Minutes for the meeting held on
3. Review, discuss and make recommendations as necessary on the Title 30 interpretation that allows C-2 uses in the H-2 Zone District.
A presentation was made by Nancy Lipski, Director of Comprehensive Planning on Title 30 interpretations. The shopping center use permit interpretation was the example used to show how the process works.
Several points were made concerning interpretations and the H-2 zone district.
· What is permitted in the underlying zoning district is what is permitted in the shopping center.
· The only way it is permitted is to meet the requirements of the underlying zoning district.
· Every use has to meet the requirements of the underlying zoning district.
· Staff write-ups should say why they are recommending approval.
· Staff must provide justification from code.
· There really is no interpretation: what is permitted is permitted; what is not is not.
· For any use not permitted an applicant has recourse to file for a zone change or text amendment and/or for a use permit or special use permit.
· Taverns in H-2 zone must be within 600' of the intersection of two state roads.
When an interpretation is used by the staff, it should be indicated in the staff agenda sheet to alert the TAB and the public to its use. No action was required by the TAB.
4. Discuss and make recommendations as
required the Site Plan for a
presented the latest Mountain’s Edge,
Several questions were raised on who would construct and maintain the park. Also, several inconsistencies were pointed out between the proposed Mountain’s Edge master agreement and the park design review before the Board of County Commissioners. The TAB was not able to render a recommendation on DR-0213-10 because it was not placed on the TAB agenda.
ATTACHMENT H - Holdover items
H-1. UC-0737-09 – DEBREMIHRET SAINT MICHAEL
Approved 5 - 0, USE PERMIT #1, allow a place of worship
Deny 5 – 0, USE PERMIT #2, reduce the rear yard setback for a place of worship to 14 feet where 30 feet is required (a 60% reduction)
Approved 5 - 0, WAIVERS OF DEVELOPMENT STANDARDS #1, reduced throat depth;
Approved 5 - 0, WAIVERS OF DEVELOPMENT STANDARDS #2, allow non-decorative walls where decorative walls are required;
Deny 5 – 0, WAIVERS OF DEVELOPMENT STANDARDS #3, allow a development to access a residential local street;
Deny 5 – 0, WAIVERS OF DEVELOPMENT STANDARDS #4, reduce the setback to a street for a sign;
Deny 5 – 0, WAIVERS OF DEVELOPMENT STANDARDS #5, reduce the setback to a property line for a sign.
Deny 5 – 0, DESIGN REVIEW #1, a place of worship
Deny 5 – 0, DESIGN REVIEW #2, a freestanding sign
Change 5 – 0, Current Planning bullet #1 to read: Perimeter walls to be finished with stucco on the place of worship side of the wall.
Change 5 – 0, Civil Engineering bullet # 1 to read: Construct
full off-sites except street lighting on
Add 5 – 0, conditions to Current Planning conditions:
o 2 Year review as a public hearing
o Any fill over 18 inches requires a equal reduction in building height
o One internally lit monument sign
o No amplified sound outside.
o Significant changes to the DESIGN REVIEW require a public hearing
o No outside activities.
o Exterior lighting conditioned as follows:
§ All lighting to be low level with any light source to be shielded with "full cut-off' fixtures (light lens not visible)
§ Floodlights, spotlights, or any other similar lighting shall not be permitted to illuminate buildings adjacent or abutting residential.
§ No wall signage on any building elevation facing residential,
§ All parking lot lighting to use motions sensors and timers.
§ Ballard type lighting to be use.
o The applicant provided a lighting analysis showing that little or no site lighting from the place of worship will be visible from the adjacent/abutting residential use.
USE PERMITS for the following:
1) Allow a place of worship; and
2) Reduced rear yard setback.
WAIVERS OF DEVELOPMENT STANDARDS for the following:
1) reduced throat depth;
2) allow non-decorative walls where decorative walls are required;
3) allow a development to access a residential local street;
4) Reduce the setback to a street for a sign; and
5) Reduce the setback to a property line for a sign.
DESIGN REVIEWS for the following:
1) A place of worship; and
2) A freestanding sign
on 1.3 acres in an R-E (Rural Estates
Residential) Zone. Generally located on the south side of
This application is an intense use surrounded by low intensity residential. Federal law allows a place of worship in any zone district. The TAB approved the Use Permit for a place of worship due to the federal law. The area residents are not in favor of the church design as presented. Once this building is built, it will be in use for many years with all of the resultant impacts on the neighboring residents. The question for the TAB is how to fit this use into a residential neighborhood. The TAB considered several factors.
First, the TAB and the residents felt the 9400 sq ft building is too large for the area. The building mass is at least 50% larger than any adjacent residence. The denial of the rear setback waiver would require a smaller building. A related item is the amount of fill that could be required, up to 5 feet. The current elevation helps reduce the building mass for the residents to the south, as their elevation is approximately 5 feet higher. The residents to the east are at the same elevation. Any additional fill will increase the apparent mass of the building, especially for the residents to the east. The TAB added the condition for building height reduction with increased amount of fill.
Second consideration is the sound attenuation for the neighbors. The building can seat 230 + and musical instruments are used as part of the services. The TAB opinion is the building should be designed so the County Residential Noise Standards can be met. The residents are concerned with the sound emanating from the church because of past experience with the church.
The third consideration is lighting. The church property has the possibility to overwhelm the neighborhood with lighting. The TAB added a list of lighting conditions that have been imposed in other locations to reduce the effect of lighting on adjacent and abutting residents.
The fourth consideration is signage. The TAB believes that one internally lit monument sign would provide up to 70 sq ft of signage in a residential area. This is in line with the staff comments. The replacement of the applicant’s requested sign with a monument sign is the reason for the denial of WAIVER OF DEVELOPMENT STANDARDS #4 and #5, and denial of DESIGN REVIEW #2.
Outdoor activities and amplified sound were conditioned because of the TAB experience with other residential neighborhoods that have a place of worship. In one case, the church property was rented for a birthday party with a rock band in a residential neighborhood.
The consensus of the adjacent residents is a stucco wall is preferred to a painted one.
The TAB agreed with the staff recommendation not to allow access from a residential street.
The TAB denied the place of worship DESIGN
Given the concerns of the adjacent residents, the TAB deems a two year review is appropriate.
One additional question that may arise is will the new building and landscape block the solar panels on an adjacent property? The neighbor to the east has extensive solar panels that would be affected by the building height and the landscape buffer.
DENY 4-0 (Kapriva abstained) Use Permit #1, Allow a convenience store in a C-1 zone.
DENY 4-0 (Kapriva abstained) Use Permit #2, Reduce the separation to a proposed convenience store from a residential development to 132 feet where a 200 foot separation is the standard (a 34% reduction).
DENY 4-0 (Kapriva abstained) Use Permit #3, Reduce the setback from a convenience store to a section line street to 13 feet where a 30 foot setback is the standard (a 57% reduction).
APPROVED 4-0 (Kapriva abstained) Use Permit #4, Allow on-premise consumption of alcohol (service bar) in conjunction with a restaurant.
DENY 4-0 (Kapriva abstained) the Design Review for a convenience store.
APPROVED 4-0, (Kapriva abstained) the Design Review for a restaurant with a service bar.
USE PERMITS for the following:
1) A convenience store;
2) Reduced residential separation from a convenience store;
4) On-premise consumption of alcohol (service bar) with a restaurant.
REVIEW for a
restaurant with a service bar and convenience store in conjunction with an
existing shopping center on 1.8 acres in a C-1 (Local Business) Zone. Generally located on the southwest corner of
The convenience store was strongly opposed by
the Nevada Trails’ residents. The other
factors considered by the TAB are a convenience store in C-1 zone district is a
SPECIAL USE PERMIT. Also, there is no actual tenant for the building, and the
possible tenant described would better fit under the proposed neighborhood
grocery. The ordinance introduction for
the neighborhood grocery will occur on
The restaurant with a service bar is acceptable to the neighbors and seen at as welcome addition to the community.
2. VC-0177-10 – ULEVICH, LYNNE B. & ALBERTO, SANTANTONIO:
to reduce the rear
setback in conjunction with a trellis addition off an existing patio on 0.3
acres in an R-2 (Medium Density Residential) P-C (Planned Community) Zone in
the Southern Highlands Master Planned Community. Generally located on the south side of