ENTERPRISE TAB WATCH

Results

July 14, 2010

 

Planning Commission 7:00 P.M., Tuesday, August 3, 2010.

Board of County Commissioners 9:00 A.M., Wednesday, August 4, 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

 

REGULAR BUSINESS:

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

Approved 3-0 with the following changes:

The following items have been held by applicant until the July 28, 2010 TAB meeting, and the Planning Commission meeting August 17, 2010

5. UC-0275-10 – DONAL SERIES 3, LLC, ET AL:

8. VS-0276-10 – DONAL SERIES 3, LLC, ET AL:

 

2.Approve the Minutes for the meeting held on June 30, 2010.  Approved

 

3.The Board to discuss and take action as required on meeting protocol and presentation for the Enterprise TAB. 

The TAB protocol will be published as an attachment to the Agenda. Further discussion of this item is tabled.  Tabled until August 11

 

PUBLIC COMMENTS AND DISCUSSION:

 

1.      The change to the 6:00pm TAB meeting start time will take effect on July 28, 2010.  The Chair may trail or move forward applications where the applicants representative has multiple TAB meetings to attend.

 

2.      The TAB is looking for a representative and alternate to the Community Development Advisory Committee (CDAC).  The TAB nominees must be submitted by August 25, 2010.   The TAB will make their selection at the August 11, 2010 meeting to meet this deadline.

 

3.      Received a request from concerned citizens to evaluate a four way stop at the corner of Cactus and Jones.  The traffic has increased and this intersection is used by school children daily.

 

NEXT MEETING DATE

July 28, 2010     6:00 p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

 

 

ATTACHMENT A

08/03/10 PC

 

1.      VS-0624-06 (ET-0104-10) – BEAR VALLEY 1996 TRUST:

APPROVED per Staff conditions

 

VACATE AND ABANDON SECOND EXTENSION OF TIME to record easements of interest to Clark County located between Haleh Avenue (alignment) and Frias Avenue (alignment), and between Hinson Street (alignment) and Schuster Street in an R-E (Rural Estates Residential) (RNP-I) Zone within Enterprise (description on file).  SB/dm/ml

 

2.      UC-0265-10 – HARRISON, RICHARD B. & JO ANNE:

APPROVED per Staff conditions

ADD Current Planning condition:     

     Trees planted on 20 ft centers along garage south side

 

This project is well done.  The garage plans presented match the main house exterior.  The south elevation of the garage has no windows or doors.  The trees would break up the expanse of stucco visible to the neighbors.

 

USE PERMIT to allow the area of a proposed accessory building (garage) to exceed one-half the footprint of the existing principal dwelling on 2.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southwest corner of Edmond Street and Raven Avenue within Enterprise.  SS/al/ml

 

3.      UC-0268-10 – MELDRUM FAMILY TRUST:

APPROVED per Staff conditions

 

USE PERMIT to allow an unscreened outside storage yard on 5.0 acres in an M-1 (Light Manufacturing) Zone.  Generally located on northeast corner of Redwood Street and Richmar Avenue within Enterprise. SB/tc/ed

 

4.      UC-0272-10 – DJ & SHIRLEY M. SMITH FAMILY TRUST:

APPROVE Use Permits 1 & 2

APPROVE Waiver of Development Standards

APPROVE per Current Planning conditions.

 

USE PERMITS for the following:

 

1) Allow the cumulative area of all accessory structures to exceed the footprint of the principal dwelling; and

2) Allow existing accessory structures which are not architecturally compatible with the principal building

 

in conjunction with a single family residence on 2.2 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.

 

WAIVER OF DEVELOPMENT STANDARDS to reduce the separation between structures.  Generally located on the north side of Robindale Road, 310 feet west of Placid Street within Enterprise.  SS/al/ed

 

5.      UC-0275-10 – DONAL SERIES 3, LLC, ET AL:

HELD by applicant until the July 28, 2010 TAB meeting.

 

USE PERMITS for the following:

 

1) A communication tower; and

2) Increase the height of a communication tower on a portion of 5.0 acres

 

in an R-E (Rural Estates Residential) Zone.

 

DESIGN REVIEW for a communication tower with associated equipment.  Generally located on the north side of Cactus Avenue, 1,400 feet east of Durango Drive within Enterprise.  SB/al/ed

 

6.      VS-0259-10 – EVERETT INVESTMENTS, LLC:

APPROVED per Staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Windmill Lane and Shelbourne Avenue and between Tenaya Way and Rainbow Boulevard in an R-3 (Multiple-Family) Zone within Enterprise (description on file).  SS/co/ed

 

7.      VS-0273-10 – METEJEMEI, LLC:

APPROVED per Staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Jones Boulevard and Westwind Road (alignment), and between Sunset Road and the 215 Beltway in an C-2 (General Commercial) (AE-60) Zone in the CMA Design Overlay District within Enterprise (description on file).  RR/jt/ed

 

8.      VS-0276-10 – DONAL SERIES 3, LLC, ET AL:

HELD by applicant until the July 28, 2010 TAB meeting.

 

VACATE AND ABANDON easements of interest to Clark County located between Cactus Avenue and Green Ridge Avenue (alignment), and between Cimarron Road (alignment) and Durango Drive in an R-E (Rural Estates Residential) Zone within Enterprise (description on file).  SB/al/ed

 

9.      WS-0263-10 – STATE OF NEVADA:

APPROVED per Staff conditions

 

WAIVER OF DEVELOPMENT STANDARDS to eliminate deed restriction requirements for the State of Nevada in conjunction with a parcel map on 94.0 acres in an M-D (Designed Manufacturing) (AE-60) Zone, an R-E (Rural Estates Residential) Zone, an R-E (Rural Estates Residential) (AE-60) Zone, a P-F (Public Facility) Zone, and a P-F (Public Facility) (AE-60) Zone.  Generally located east of Decatur Boulevard, west of Arville Street, south of Serene Avenue, and north of Silverado Ranch Boulevard within Enterprise.  SS/pd/ed

 

10.    WS-0278-10 – RICHMOND AMERICAN HOMES NEVADA:

APPROVED per Current Planning conditions

 

WAIVER OF DEVELOPMENT STANDARDS to reduce the side yard setback on 15 lots in conjunction within a single family subdivision on a portion of 12.5 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the north side of Robindale Road between Decatur Boulevard and Canyon Rain Street within Enterprise.  SS/tc/ed

 

08/04/10 BCC

 

11.    UC-0267-10 – RYLAND HOMES NEVADA, LLC:

APPROVED per Staff conditions

ADD Current planning condition:

Use Permit for reduction of rear yard setbacks applies only to single story homes.

 

USE PERMIT to reduce rear yard setbacks in conjunction with a previously approved planned unit development on 5.3 acres in an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Mountain’s Edge Master Planned Community.  Generally located on the southwest corner of Gomer Road and El Capitan Way within Enterprise.  SB/rk/dr

 

The requested rear yard setback reduction accommodates a new single story design. The TAB felt strongly that the setback reduction be limited to the new single-story design only. 

 

12.    UC-0283-10 – LV PYLE, LLC:

APPROVED per Staff Conditions

ADD the following conditions:

 

·The Waiver of Conditions applies to this Use Permit only and is not applicable to subsequent Use Permits.

 

·Comply with conditions of ZC-0935-05 with the following exceptions.

o        The 20 ft landscape buffer along Haven Street is a modified 20 foot wide landscape buffer.  It consists of 10 feet of landscaping outside of the 8 foot high decorative wall and 10 feet within the wall with trees all spaced 10 feet on center.

o        A 20 foot landscape buffer be provided along the east and north property lines adjacent to residential property

o        A 10 feet block wall to be provided along the east and north property lines adjacent to residential property.

o        Change the following condition:

§         From - No two story structures are allowed within 50 feet of the east and north property lines

§         To – Building height not to exceed 27 ft.

 

USE PERMIT for a multi-family residential development.

 

WAIVERS OF CONDITIONS of a zone change (ZC-0935-05) requiring the following:

 

1) applicant shall provide a 20 foot wide intense landscape buffer along the north and east property lines where the trees shall be pine or similar evergreen with trees being spaced 10 feet on center; and

 

2) No 2 story structures are allowed within 50 feet of the east and north property lines.

DESIGN REVIEW for a multi-family residential development on 16.4 acres in H-1 (Limited Resort and Apartment) Zone in the MUD-4 Overlay District.  Generally located on the south side of Pyle Avenue and the west side of Haven Street within Enterprise.  SS/mk/dr

 

ZC-0935-05 changed the zoning to H-l was approved by the Board of County Commissioners in March 2006.  The accompanying Design Review was withdrawn. The zone change contained a number of negotiated conditions to protect the residential property adjacent to this project and east of Haven.  In the 2009 Enterprise Land Use Plan, the residents to the east of Haven requested and obtained a commercial land use on their property.  Their stated intent was to gain additional value for their property when sold.

 

The two positions were presented to the TAB.

 

·   The developer who wants to build the project

o        Retained most of the conditions agreed upon by the neighbors in 2006

o        Changed one condition to add a eight foot wall in the middle of a 20 ft landscape buffer along Haven

o        Agreed to maintain a 20 ft landscape buffer to the adjacent northeast residences (requires a building to be moved on the current plan)

o        Agreed to a 10 ft wall to protect animals on the adjacent northeast property

o        Requested the 26 ft single story condition be changed to building height limited to 27 ft

 

·   The neighbors are opposed to this application

o        They are strongly opposed to any apartments in the neighborhood

o        This project does not meet their expectations of how their neighborhood should develop

o        Would prefer to have a hotel/casino adjacent to their property

o        Opted out of the RNP to increase their land value.

o        Concerned about transient residents, additional crime, additional traffic, routes to school for children.

o        The project would be started, but not completed

 

The TAB considered the following:

·   The developer has honored the intent of the 2006 agreement with the residents.

·   The developer agreed to additional conditions which increased the buffering for the adjacent neighbors.

·   The project is well within the H-1 zone district parameters.

·   The intensity is much lower than the previous casino project

·   The entire complex is 27 ft high

·   The project would help stabilize the boundary for the RNP to the east.

·   The developer has successfully built other projects in town (Similar project located at Robindale and Buffalo)

 

The TAB recommendations are based upon the following:

·   The developer has complied with the 2006 conditions negotiated with the neighbors

o        The project is well designed

o        The single entrance on the west will reduce the effects on the residents east of the project.

o        Open space for the project is well above the County standards.

·   The intensity is well below the max for a H-1 zone district

·   The neighbors to the east moved their property from residential to commercial land use in the last land use update.

·   The ZC-0935-05 conditions must remain in force, if this project does not go forward.

 

13.    ZC-0261-10 – THE EPARCHY OF OUR LADY OF LEBANON OF LOS ANGELES:

No recommendation:   JD moved to approve the application and added a condition:  No additional buildings are permitted without additional land being added to the site.   Motion to approve resulted in 2-2 vote, DDC, FJK Nay: RB absent.  After further discussion, no additional motions were made.

 

ZONE CHANGE to reclassify 2.1 acres from R-E (Rural Estates Residential) (RNP-I) Zone to P-F (Public Facility) Zone for an existing place of worship.

 

USE PERMIT for the expansion of a place of worship.

 

DESIGN REVIEWS for the following: 

 

1) Additions to 2 existing buildings; and

2) Construction of a new building (Sunday school building) in conjunction with a place of worship. 

 

Generally located on the southwest corner of Rancho Destino Road and Frias Avenue within Enterprise (description on file).  SS/al/ed

 

The TAB members were sharply divided on this application. 

 

Points of concern:

 

   The TAB is concerned about non-governmental agencies using the PF zone district.  The requested PF zoning would effectively remove a non-governmental use from Title 30 Development Standards.  There is a potential solution where the church can obtain the waiver without the PF zone change.  However, this solution was not explored by the staff.  Also, the applicant was not willing to hold this item to explore this solution.  The applicant stated that they would rather take their chances with “No Recommendation” from the TAB rather than explore another solution.

 

   This property is in need of upgrades.  There are currently several conex containers and trailers on the property.  The additions to the two existing buildings would help upgrade the property.

 

   The TAB members felt the church has reached the point where the property cannot support any additional development beyond the current use without additional land.   A condition related to this was added to the motion on this application.

 

The TAB was divided as follows:

 

1.One side supported the staff position:

The staff recommended that the Design Review for the Sunday school be denied because the parking available for that use is inadequate.  The request for the reduction in parking is excessive.  The concern is the potential negative impacts on the neighborhood if parking proves to be inadequate.  The applicant’s desire to press forward without examining an alternate method to obtain a parking waiver was a factor.

 

2.The other side supported approval of the entire application:

Several nearby residents stated that parking has not been a problem.  Also, the church has been able to use the adjacent school parking lot for overflow.  The thought is the parking is not a problem.

 

The TAB was not able to resolve these differences of opinion.

 

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.