ENTERPRISE TAB WATCH

Results

December 29, 2010

 

Planning Commission 7:00 P.M., Tuesday, January 18, 2011.

Board of County Commissioners 9:00 A.M., Wednesday, January 19, 2011.

 

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.

 

Note:  This was the last meeting for the current TAB.  The County Commissioners will appoint TAB members for 2011 -2012 during the January 3, 2011 BCC meeting.  The first meeting of the new TAB is January 12, 2011.

 

REGULAR BUSINESS

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

         2.  Approve the Minutes for the meeting held on December 15, 2010.  APPROVED

         3.  Discuss and make recommendations as required on AG-0967-10 

              TABLED until January 12, 2011 Board meeting

ANNOUNCEMENTS

 

The Board of County Commissioners presented Rocky Brandonisio a proclamation citing his fourteen years of service on the Enterprise TAB.

 

NEXT MEETING DATE

January 12, 2011 6:00p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South

ADJOURNMENT:

 

ATTACHMENT A

 

01/18/11 PC

 

1.      UC-0557-09 (ET-0209-10) – VITRUVIAN PROPERTIES, LLC:

APPROVED (Andoscia abstained) with the Staff “If Approved” conditions

ADDED Current Planning condition

·         All previously approved conditions.

USE PERMIT FIRST EXTENSION OF TIME to commence and review a recreational facility for private conventions and receptions.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced parking;

2) Allow commercial access from local residential streets (Rush Avenue and Schirlls Street); and

3) Reduced access gates setbacks

 

on 1.1 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the southwest corner of Rush Avenue and Schirlls Street within Enterprise. Sb/mc/ml

 

The staff recommended this application be denied based upon the following.  County records indicate   little progress has been made to finalize operations of the approved uses; however, the applicant continues to operate.

 

The applicant detailed the current status of the licenses and permits required for this business.  There are two areas that need to be completed before the final permits and licenses can be issued.  First, the building permits issued in 2005 did not have the final inspections completed.  A new contractor has been hired to obtain the final inspections.  This will clear one factor blocking the issuance of the business licenses.  Second, the domestic well conversion to a commercial well is taking longer than expected.  Once the NV Water Resource Engineer has issued a commercial well permit, the septic can be converted to a commercial system.

 

The TAB recommendation is the extension of time should be granted for a limited period for the following:

 

·   Original application was thoroughly reviewed by the TAB. 

·   The neighbors supported the use as a banquet facility

·   No complaints.

·   Applicant is working to correct the permit and license problems

 

The applicant should make significant progress in six months or this use permit should be revoked.

 

2.      UC-0561-10 – ETHIOPIANS CHRISTIANS FELLOWSHIP LAS VEGAS:

APPROVED per Staff conditions

ADDED Current Planning condition;

·         Auxiliary generator tested only during Title 30 daytime hours;

 

USE PERMIT to reduce the separation from a communication tower to a residential use. (165 feet where

194.5 feet is required (a 15.2% reduction))

 

DESIGN REVIEW for a communication tower on 3.7 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the north side of Pebble Road and the west side of Gilespie Street within Enterprise.  SS/ar/ml

 

One letter of protest was submitted to the TAB.  The letter questioned sufficient notice, tower placement, health effects, aesthetics and effects on property values.

 

The discussion on this application centered on the placement of the cell tower.  The pros and cons were discussed for several locations on the property.  The TAB concluded the proposed location would have the least impact on the RNP to the north.

 

Due to the close proximity of residential, the TAB added a condition for daytime use of the axillary generator. 

 

3.      UC-0568-10 – HUANG, WEN-CHI:

APPROVED per Staff conditions

ADDED Current Planning condition:

·         1 year review as a Public Hearing;

 

USE PERMITS for the following:

 

1) Allow a mobile gymnastics business as a home occupation; and

2) Allow employees with a home occupation business

 

in conjunction with an existing single family residence on 0.1 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the north side of Bodega Point Court, 200 feet west of Half Moon Point Drive within Enterprise.  SS/gc/ml

 

HOA representatives were initially opposed to this application.  Their concern was the property would be converted into a commercial location.  The concern was fueled by the use permit description on the notice card.  The TAB explained what a home based business is and how it is defined in Title 30.  The Title 30 intent is to allow a business to run within a home without disturbing the neighborhood. Some of the Title 30 restrictions are:

 

·   Requires business license

·   No clients or customers shall come to the residence,

·   No signs

·   No advertising on parked vehicles

·   No warehousing

 

The TAB explained the neighborhood should not see any evidence of a business.  This is reinforced with two Current Planning conditions:

 

·   Bus shall not be brought to or stored at the residence;

·   No non-family member employees shall work or meet at the residence;

 

The one year review was added to insure the neighbors can have their voice heard if the if the Current Planning conditions are not met.

 

4.      UC-0571-10 – NV ENERGY:

         APPROVED per staff conditions.

 

USE PERMIT to reduce the separation between a proposed communication tower and an existing communication tower.

 

DESIGN REVIEW for a communication tower in conjunction with an existing electric generating station (Haven Electrical Substation) on 2.0 acres in an R-E (Rural Estates Residential) (AE-60) Zone.  Generally located on the north side of Warm Springs Road and the west side of Haven Street within Enterprise.  ss/pb/ml

 

The applicant indicates the antenna is part of the NV Energy's NV Energize Project, formerly Advanced Service Delivery (ASD). This project will provide the smart grid infrastructure necessary to enable widespread use of smart meters, enabling customers to manage their energy usage in a hands-on manner.

 

5.      VS-0577-10 – KAROUM, SAMIR J.:

HELD until January 12, 2011 Enterprise TAB meeting by applicant request.

 

VACATE AND ABANDON a portion of right-of-way being Chartan Avenue located between Bermuda Road and Fairfield Avenue (alignment) in an R-E (Rural Estates Residential) (RNP-I) Zone within Enterprise (description on file).  SS/al/xx

 

6.      WS-0570-10 – MELDRUM FAMILY TRUST:

APPROVED Waiver of Development Standards 1a for Serene Ave. only

APPROVED Waiver of Development Standards 1b

APPROVED Waiver of Development Standards 2 for Serene Ave. only

ADDED Current Planning condition:

·         2 year review of the entire application as a Public Hearing

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1. a.  Eliminate street landscaping requirements where a 15 foot wide landscape strip is required along Serene Avenue and a 6 foot wide landscape strip is required along Richmar Avenue (a 100% reduction).

     b.  Eliminate parking lot landscaping where I large tree for every 8 parking spaces or 1 medium tree for every 6 parking spaces is required (a 100% reduction).

2.  Waive off-site improvements (excluding paving) along Richmar Avenue and Serene Avenue.

 

in conjunction with an existing outside storage yard on 34.7 acres in an M-1 (Light Manufacturing) Zone.  Generally located on the south side of Serene Avenue, 950 feet east of Redwood Street within Enterprise.  SB/gc/xx

 

An adjacent property owner made the following statements to TAB:

·      Improvements along Richmar are being installed by other property owners;

·      Utilities are available on Richmar including water;

·      Richmar is being used for business access; 

·      Serene is currently a dirt road.

 

The TAB is concerned that this area is in need of an upgrade to attract other businesses.    The TAB felt the improvement of Richmar, at this time, in conjunction with the other property owners, would help upgrade the area.  The TAB recommended a two year review to look at the landscape and off sites for Serene.

The applicant agreed with the TAB decision and condition.

 

The Arden area is a unique area in Enterprise.  It has the potential of rail spurs to serve industrial plants.  The possible locations for rail spurs in the valley are very limited.  The Arden area should be developed for businesses that require rail spurs.  This property in this application has the UPRR track on the east side.  A rail spur into the property would greatly increase the value and attract a more intense industrial use. 

 

However, the presence of the MUD overlay with its residential component would discourage industrial uses.  The residential uses are not compatible with the industrial use.  The MUD overlay should be removed from the Arden industrial area in an effort to encourage industrial plants to come into the area.

 

7.      WS-0575-10 – BLU D, LLC:

 

WAIVER OF DEVELOPMENT STANDARDS to reduce on-site parking.

APPROVED per staff conditions

 

DESIGN REVIEW for an expansion to an existing food processing building on 21.0 acres in an M-D (Designed Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on the northwest end of Kens Court, 400 feet north of Blue Diamond Road  and the east side of the Union Pacific Railroad within Enterprise.  SS/mc/ml

 

The plant addition will add ten new employees bringing the total to 90.  The plant is not open to the public.  Currently, there are 123 parking places which should be sufficient to accommodate the plant expansion.  If further expansion or the use changes requires additional parking, there is open land on the property’s north end that can be used.  Future expansion will need a waiver for parking which requires a public hearing. 

 

01/19/11 BCC

 

8.      DR-1013-07 (ET-0199-10) – AMAZING RAINBOW, LLC:

APPROVED per staff conditions

 

DESIGN REVIEW SECOND EXTENSION OF TIME to commence construction of a shopping center on 10.0 acres in a C-2 (General Commercial) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the southeast corner of Rainbow Boulevard and Mardon Avenue within Enterprise.  SS/rk/ml

 

9.      WT-1015-07 (ET-0200-10) – AMAZING RAINBOW, LLC:

APPROVED per staff conditions

 

WAIVER SECOND EXTENSION OF TIME to commence modified street improvement standards in conjunction with a proposed commercial/retail center on 10.0 acres in a C-2 (General Commercial) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the southeast corner of Rainbow Boulevard and Mardon Avenue within Enterprise.  SS/rk/ml

 

10.    ZC-1313-02 (ET-0202-10) – LENNAR COMMUNITIES NEVADA, LLC:

APPROVED per Staff conditions

CHANGE Major Projects – Planning bullet #1 to read:

·         Until December 6, 2012 to commence;

 

ZONE CHANGE FIRST EXTENTION OF TIME to reclassify an approximate 20.0 acre portion of 2,413.0 acres from R-E (Rural Estates Residential) Zone to R-3 (Multiple Family Residential) P-C (Planned Community Overlay) Zone in conjunction with a residential development in the Mountain’s Edge Master Planned Community.  Generally located on the east side of Buffalo Drive, 660 feet south of Cactus Avenue within Enterprise (description on file).  SB/rk/ml

 

This application raised questions about the completion date used by Major Projects.  This and previous applications used December 6, 2016 to complete.  This date was removed in the third Mountains Edge Master Plan Agreement amendment.  The Master Plan now terminates when the fourth park is complete, an indefinite date.

 

The TAB decision to impose one year to commence was based upon the applicant’s statement that they are ready to start the project in the next several months and there is a need for a realistic time frame.

 

11.    ZC-1877-04 (ET-0206-10) – CML-NV ONE, LLC:

APPROVED per Staff conditions and:

CHANGE Major Projects –Planning condition #1 to read:

·         Until December 6, 2012 to commence;

ADDED Major Projects –Planning condition:

·         Design Review as a Public Hearing

 

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 8.4 acres from C-P (Office and Professional) P-C (Planned Community Overlay District) Zone to C-2 (General Commercial) P-C (Planned Community Overlay District) Zone for future commercial development in the Mountain’s Edge Master Planned Community.  Generally located on the northeast corner of Buffalo Drive and Cactus Avenue within Enterprise (description on file).  SB/rk/ml

 

This is a project that was thoroughly discussed by the adjacent residents, TAB and Commissioner Brager prior to the pervious approval.  The result was a number of conditions were placed upon the original development by the BCC.  The Waiver of Standards that imposed the conditions on this project has expired and is not part of this extension of time.  Those conditions cannot be added to the zone change extension.  The TAB added the condition for a design review as a public hearing.  This will allow the new project to be thoroughly reviewed and conditions added as required.

 

The property is currently bank owned. The two years to commence should be sufficient time to determine if the there is a viable project for the site.  If not, the original zoning should be restored.

 

12.    ZC-0552-10 – MAVERIK, INC:

APPROVED per Staff conditions

ADDED Current Planning conditions:

·         Require cross access to west

·         Design Review as a Public Hearing for Lighting and Signage

·         Approve C-2 on developed portion and C-1 on undeveloped portion

·         Applicant to prevent vehicular access to the undeveloped portion;

 

 

ZONE CHANGE to reclassify 3.3 acres from H-2 (General Highway Frontage) Zone to C-2 (General Commercial) Zone in the MUD-4 Overlay District.

USE PERMIT to reduce the separation from a proposed convenience store to a residential use.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Allow alternative landscaping along an arterial street; and

2) Off-site improvements (excluding paving); and

3) Allow non-standard improvements within the right-of-way.

 

DESIGN REVIEW for a convenience store and a service station.  Generally located on the southwest corner of Blue Diamond Road and Durango Drive within Enterprise (description on file).  SB/tc/ml

 

The site plan depicts a new 4,790 square foot convenience store on the southwest corner of Blue Diamond Road and Durango Drive. Access is proposed through 1 driveway from Blue Diamond Road and 1 driveway from Durango Drive. Gasoline pumps and a gasoline canopy (service station) are proposed on the north side of the lot with a 51 foot setback from the canopy to Blue Diamond Road. The 31 parking spaces are provided on the north, east, and west sides of the building. The applicant is reserving an 88 foot wide, 0.6 acre portion of the site adjacent to the condominium complex to the south for future development.

 

The TAB considers a convenience store and service station appropriate for this location.

 

The TAB concerns are:

·   Undeveloped portion of the property zoned C-2 next to residential without plans.

·   Lighting and signage plans were not presented.

·   Cross access to the west is provided for future development.

·   Vehicle access to the undeveloped area is restricted.

 

If the entire property was zoned C-2, there would be little control over what could be placed on the undeveloped portion adjacent to the residential.  C-2 has too many intense uses that are considered by right and do not require a public hearing. The TAB recommended the zoning be split:

 

·   The developed portion as C-2 which allows the project to proceed. 

·   The undeveloped portion as C-1 to provide better control of uses next to residential. 

 

Most uses, not compatible with adjacent residential, would require a Special Use permit to be developed in a C-1 zone district.  Given the shape and size of the undeveloped portion, it is unlikely it will be used for a business in the near future.

 

Another concern is the vehicle access to the undeveloped portion.  The TAB recommended vehicle access to be blocked with the method to be determined by the developer’s engineer.

 

Cross access to the west is necessary for future development in the area.  The RTC has reserved the adjacent property area for a park and ride.

 

The lighting and signage may have a significant impact on surrounding residential.  Without specific plans presented, the TAB added the condition for a public hearing.

 

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.