Results
Note the PC and BCC hearing dates on each section below.
REGULAR
BUSINESS
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
Chris Dingell
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
PC
H-1. UC-0737-09 – DEBREMIHRET SAINT MICHAEL
CHURCH
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
Comply with
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.
ATTACHMENT
A
1. UC-0195-10
– RAINBOW ROBINDALE CTR
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.
DESIGN
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:
VARIANCE
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
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. The project
descriptions, ordinances board/commission results are reproduced from publicly
available
David D.
Chestnut, Sr.