April 27, 2011


The ATTACHMENT A items will be heard on the following dates:

Planning Commission 7:00 P.M., Tuesday, May 17, 2011.

Board of County Commissioners 9:00 A.M., Wednesday, May 18, 2011.

HOLDOVER/RETURNED APPLICATIONS will be heard on the date in the applications header.


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 ctrl+click on the blue underlined text it will take you to the detailed documents to explain the agenda item.



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

2.  Approve the Minutes for the meeting held on April 13, 2011.   Approved

3.  Discussion of the proposed route and terminals of the Desert Express high speed rail system.


Representing DesertXpress were Greg Gilbert, lead council, and Mitch Trageton.


·   Project is subject to the Federal Environmental Impact Study

·   Safety issues are covered by:

o     Federal Railroad Administration

o     Surface Transportation Board

·   Records of Decision by Stakeholders:

o     Final Alignment: suggested in FEIS

§         Local government is overruled if federal funds or loans are used

o     Rules of the road; the way the railroad functions

o     Station sites and Maintenance facilities

·   McCarran Airport and airlines’ comments

o     McCarran Runway 19 capacity could be reduced with potential impact to air travel

·   Subject to NDOT and CALTRAN regulations

·   Finance:

o     Private investment

o     No grant money

o     Railroad Rehabilitation Infrastructure Fund for loan guarantees

o     If the loan is not paid, the federal government owns and may operate the railroad at a loss

·   Completion schedule: four years from date of final financing

·   Federal grants or loan guarantees allow federal eminent domain to be used to obtain right-of- way of required land.


·   The following concerns were voiced:

·      Alignment, route, environmental impact, financing, liability, viability, safety, completion schedule, ridership study accuracy


4.  Discuss agenda and set date for a special meeting of the town board to discuss land use concepts, waivers, and board actions.


Proposed subjects for the agenda:

   History of TABs

   Process for interaction with the Board of County Commissioners

   Land Use terms

   Recommendations: parameters and alternatives

   How TABs look at waivers

   Title 30 and Title 29 reciprocity

Meeting date set for May 10, 2011 at 5:00 pm, Enterprise Library




State legislative bill AB400: Tiffany Hesser reported that as currently amended, this proposed legislation would only apply to towns that are 25 miles or more from a city with over 500,000 in population.  


The Legislative Counsel’s Digest:  “This bill requires the members of a town advisory board for an unincorporated town that is in a county whose population is 700,000 or more (currently Clark County) and that is located 25 miles or more from an incorporated city whose population is 500,000 or more (currently Las Vegas) to be elected by the registered voters of the unincorporated town.”






NEXT MEETING DATEs:  Special meeting May 10, 2011

                                            Regular meeting May 11, 2011




H-1   WS-0620-10 – MORLEY, COREY & SALLY:

         Held by the applicant until May 11, 2011 TAB meeting


WAIVER OF DEVELOPMENT STANDARDS for reduced setbacks in conjunction with a proposed 8 lot single family residential subdivision on 1.0 acre in an R-2 (Medium Density Residential) Zone.  Generally located on the north side of Levi Avenue and the west side of Charismatic Court within Enterprise.  SB/mc/ml


H-2   UC-0106-11 – BLUE DAYDREAMS, LLC:  PC Routine action agenda item 12, May 3, 2011

APPROVED per Current Planning conditions

ADD a Current Planning condition:

   Tower and related structures to be removed when no longer needed.


USE PERMIT to reduce the separation between communication towers.


DESIGN REVIEW for a communication tower and associated ground equipment on 2.5 acres in an M-1 (Light Manufacturing) Zone in the CMA Design Overlay District.  Generally located on the southeast corner of Hauck Street and Capovilla Avenue within Enterprise.  MBS/SS/jt/xx


There is a concern that towers and associated equipment may not be removed when they become obsolete.  The BCC has asked the staff to come up with a solution.  Another TAB has started adding a condition for the towers and related equipment be removed when no longer needed and this idea is being carried over to Enterprise. 




05/17/11 PC


1.      UC-0127-11 – BLUE SAND HOLDINGS, LLC:

APPROVED per Current Planning conditions

ADD a Current Planning condition:

   Tower and related structures to be removed when no longer needed or in service


USE PERMITS for the following:


1.Reduce the separation from a communication tower to a residential use to 70 feet where 270 feet is required (a 70% reduction).

2.Increase the height of a communication tower to 90 feet where 80 feet is allowed (an 11 % increase).


DESIGN REVIEW for an existing communication tower on a portion of 2.5 acres in an H-2 (General Highway Frontage) Zone in the MUD-3 Overlay District.  Generally located on the east side of Quarterhorse Lane (alignment), 400 feet north of Blue Diamond Road within Enterprise.  SB/co/ml


The cell tower was built in 2000 when there were no residences in the area.  The residences were built about 5 years later.  This accounts for the large reduction in separation distance.


There is a concern that towers and associated equipment may not be removed when they become obsolete.  The BCC has asked the staff to come up with a solution.  Another TAB has started adding a condition for the towers and related equipment be removed when no longer needed and this idea is being carried over to Enterprise. 


2.      UC-0132-11 – 9555 PRIME, LLC & 9555 MDN, LLC:

         APPROVED per staff conditions


USE PERMIT for offices as a primary use (reflexology) within an existing retail building on 3.8 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.  Generally located on the northwest corner of Las Vegas Boulevard South and Gary Avenue within Enterprise.  SS/dm/ml


3.      UC-0133-11 – MC-2 USA, LLC:

APPROVE per staff conditions

REMOVE Current Planning bullet #1;

ADD the following Current Planning conditions:

   No live entertainment outdoors;

   Design Review for lighting and signage as a Public Hearing;


USE PERMIT to allow live entertainment and outdoor dining.


VARIANCE to reduce parking.


DESIGN REVIEW for a retail building consisting of a specialty grocery store, general retail uses, restaurants, and banquet facility with an open reception garden on 4.9 acres in a C-2 (General Commercial) Zone in the Pinnacle Peaks Concept Plan area.  Generally located on the northwest corner of Jones Boulevard and Windmill Lane within Enterprise.  SS/rk/ml


There were no adjacent residents in attendance at the TAB meeting.


This application has an intense commercial development with moderate intensity residential on two sides.  The question is how to protect the residents while allowing the property owner to proceed with development.  The Pinnacle Peaks Master Plan has not done a good job of providing transitions between intense commercial and residential. 


The plans show a 39,684 square foot retail building on the northwest comer of Jones Blvd and Windmill Lane. The building is orientated along the east portion of the site, 20 feet from Jones Blvd and 148 feet from the west property line. The site will have 2 access points. The main access is shown from Jones Blvd with a secondary access point from Windmill Lane. In addition, a use permit for live entertainment and outside dining will be required for the restaurants and banquet facility on the site. The proposed commercial uses on the property include a specialty grocery store, inline retail shops, 2 restaurants, and a banquet/wedding facility.


The TAB examined the following:

·               Building placement on the property

·               Building mass

·               Building design

·               Proximity to residential

·               Types of activities

·               Lighting and signage

·               Parking

·               Landscape design


The applicant withdrew the request for live entertainment outside.  The TAB added a condition for no live entrainment outside to indicate it is not appropriate for this site now or in the future. The request for outside dining was retained.  With no live entertainment the Current Planning bullet # 1 is not needed.


The applicant did not present a design for lighting and signage.  The TAB added a condition for lighting and signage as a public hearing.


The Current Planning condition to restrict the reception garden hours is appropriate for this location.


05/18/11 BCC


4.      ZC-0069-09 (ET-0035-11) – ELADES, PETER:

APPROVED per staff conditions


ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 1.9 acres from R-E (Rural Estates Residential) (RNP-I) Zone to C-2 (General Commercial) Zone for a banquet facility.


USE PERMITS to review the following:


1) A banquet facility on a property less than 2 acres; and

2) A banquet facility with outside uses.




1) Increased fence height within setbacks;

2) Alternative landscaping;

3) Attached sidewalk;

4) Eliminate the setback to access gates;

5) Reduced throat depth;

6) Allow commercial access onto a local street (Agate Avenue); and

7) Reduced driveway width.


DESIGN REVIEW for a banquet facility with manager’s unit.  Generally located on the southwest corner of Buffalo Drive and Agate Avenue within Enterprise (description on file).  SS/co/ml


A question was raised about why the Waivers of Development Standards did not match the BCC Notice of Final Action (NOAF).  The BCC approved all of the Waivers of Development Standards, along with a long list of other conditions.


The staff agenda sheet for an extension of time uses the original application verbiage.  The NOFA is not included in the extension of time because the only question is how long this application will be in effect.  It would take a new application and approval by the PC or BCC to modify the original conditions imposed.


The applicant may request to modify the NOAF as part of extension of time.  This will be explained in the current staff agenda sheet and be reviewed by the TAB and the appropriate commission.



5.      VS-0137-11 – CANFAM HOLDINGS, LLC:

         APPROVED per staff conditions


VACATE AND ABANDON easements of interest to Clark County located between Silverado Ranch Boulevard and Le Baron Avenue (alignment) and between Lindell Road and Decatur Boulevard, and a portion of a right-of-way being portions of Hauck Street between Silverado Ranch Boulevard and Le Baron Avenue (alignment) and a portion of Silverado Ranch Boulevard between Hauck Street and Decatur Boulevard in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).  SB/tc/xx


6.      WS-0139-11 – CANFAM HOLDINGS, LLC:

APPROVED per staff conditions

APPROVE All Waivers




1.a.  Increase subdivision boundary wall height to 7 feet 4 inches where 6 feet is the standard (a 19%      increase).

b.  Increase Interior wall 'height to 6 feet 8 inches where a 6 foot wall height is the standard (a 10% increase);

2.Increase the height for a single 'family residential dwelling to 38 feet where 35 feet is the standard (a 9% increase).

3.Reduce the rear yard setback for single family residences (cul-de-sac lots only) to 13.5 feet where, 15 feet is required (a 10% reduction).

4.Increase the, length of a cul-de-sac to 580 feet where 500 feet is the standard (a 16% increase). .

5.Allow an alternative gutter design at the radius of interior streets.

6.Reduce the street off-set distance to 65 feet where 125 feet is the standard (a 47% reduction).

7.Reduce the back of curb radius to a driveway to 1.5 feet where 12 feet is the standard (an 87% reduction).

8.Allow an attached sidewalk and a 10 foot landscape buffer on a collector street (Lindell Road) where a 15 foot wide landscape buffer with a detached sidewalk is the standard.


WAIVERS OF CONDITIONS of a zone change (ZC-1755-05) requiring the following:


1) Extend hammerhead to north boundary line of power company property; and

2) Provide secondary access to Lindell Road on 42.0 acres in an R-2 (Medium Density Residential) Zone.


Generally located on the south side of Silverado Ranch Boulevard, 330 feet west of Decatur Boulevard within Enterprise.  SB/tc/ml


The TAB examined the waivers and found them to be consistent with development in this area. 


The TAB has consistently favored a uniform design along a street for type of sidewalk and landscape.  The approval of waiver # 8 keeps a consistent design along Lindell.  The first developer in an area is usually the one who sets the standards for that section of road.  It is up to the TAB and Commissions to enforce the County standards with the first development in an area.


Waiver of conditions #2 would have provided a secondary access point for the previous subdivision design.  However, the current subdivision design now has 2 access points onto Silverado Ranch Blvd to the north. In addition, opening up an access to Lindell Road would create an undesirable "cut through" for traffic going north to Edmond Street.  The TAB agreed with the staff reasoning on this Waiver.


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.