June 29, 2011


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


Planning Commission 7:00 P.M., Tuesday, July 19, 2011.

Board of County Commissioners 9:00 A.M., Wednesday, July 20, 2011.


HOLDOVER/RETURNED APPLICATIONS will be heard on the date in the applications header. See H-1, H-2 and 1 for hearing dates


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 June 15, 2011            APPROVED




The Planning Commission will not have a quorum on July 5.  Items slated to be heard that night will be heard on July 7.



After receiving citizen input through public hearings and other means over the last two weeks, the County is unveiling proposed new boundary lines for Clark County Commission districts and seeking more input at a public meeting Wednesday, July 6 at 6 p.m.

The meeting will be held in the Commission Chambers at the Clark County Government Center at 500 S. Grand Central Parkway in downtown Las Vegas. It also will be cablecast live on Clark County Television (CCTV) Channel 4 and streamed live over the Internet at www.ClarkCountyNV.gov.

Then the public will have another opportunity to review the proposed changes and provide comment about them during an open house at the Government Center in the first-floor Rotunda July 7-8 and July 11-15 from 8 a.m. to 5 p.m. each day. The changes also will be available online at the County website at www.ClarkCountyNV.gov. Comments may be provided either at the open house or via email at redistricting@ClarkCountyNV.gov.





July 13, 2011, 6:00p.m.

Enterprise Library

25 E. Shelbourne Avenue @ Las Vegas Blvd. South



07/07/11 PC


H1.   UC-1143-06 (ET-0054-11) – FINKELSTEIN, MAX, ET AL:

APPROVED per Current Planning conditions


USE PERMIT FIRST EXTENSION OF TIME to review exceeding the time limit for a temporary outdoor commercial event to include a temporary tent in the parking lot in conjunction with a retail use (Boot Barn) on 0.9 acres in an H-1 (Limited Resort and Apartment) (AE-65) Zone.  Generally located on the west side of Las Vegas Boulevard South, 145 feet north of Warm Springs Road within Enterprise.  SS/dm/xx


The original plans depicted a temporary outdoor event with a 300 square ft. tent on the east side of the Boot Barn parking lot. The event takes place annually during the National Finals Rodeo and Professional Bull Riders Rodeo, from the middle of October until the middle of December.  The temporary event has taken place on the site since 1997 without any issues.  The TAB agreed with the staff to make the use permit permanent.


H2.   VS-0197-11 – CACTUS VILLAGE, LLC:

         APPROVED per staff conditions


VACATE AND ABANDON easements of interest to Clark County located between Las Vegas Boulevard South and Giles Street, and between Frias Avenue and Cactus Avenue in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District within Enterprise (description on file).  SS/dm/xx


This item was held by the TAB because public works had not added their conditions to the staff agenda sheets and the TAB did not want make a recommendation with incomplete data.  The county easements were added during the last two weeks to the public works conditions for the three roads affected by this application.




07/07/11 PC


1.WS-0620-10 – MORLEY, COREY & SALLY:



HOLDOVER 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


The plan shows a proposed 8 lot subdivision. Seven of the lots will have a 4 foot wide side yard setback on both sides. The eighth lot has a 4 foot wide side yard setback on one side and a 10 foot wide side yard setback on the other side.  The applicant stated they could build two story homes without the waiver.  However, the submitted plans show the two story models require the setback waiver.  This is another case of a developer who wants to waive county standards rather than develop a project that will maintain the standards.


The TAB agreed with and supports the Staff position.   Staff cannot support the setback reduction because the request is a self-imposed hardship and not a result of site constraints. The proposed lot widths or design of the homes could be revised in order to meet the side yard setbacks.  This site could be divided into seven lots which would meet all the setback requirements with the proposed single story model.


07/19/11 PC



        HELD for July 13, 2011 TAB meeting to obtain the neighbors concurrence


USE PERMIT to allow clients or customers to come to a residence for a proposed home occupation (Homeowner’s Association office) in conjunction with an existing residence on 0.4 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located 135 feet east of Tenaya Way and 140 feet north of Pebble Road within Enterprise.  ss/mc/ml


3.UC-0237-11 – PENNY, MONICA L:

APPROVED with following conditions:

Use Permits:

1.      For three months

2.      Denied

3.      For three months

4.      If stalls are required to be moved they will be placed as far away from the neighbor as possible.

ADD Current Planning conditions:

Any extension of time will require a public hearing.


USE PERMITS for the following:


1) Increase the number of horses;

2) Eliminate landscaping;

3) Reduce pasture area; and

4) Reduce the area of stalls


in conjunction with an existing single family residence on 0.5 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the south side of Wigwam Avenue and the east side of Monte Cristo Way within Enterprise.  ss/pb/ml


The plans show an existing single family residence that fronts the cul-de-sac to the east.  A 2,500 sq. ft pasture area and three, 100 sq. ft covered stalls are located on the southwest corner of the site behind the house. The existing stalls are constructed with metal fencing and roofing. The pasture area is surrounded by metal fencing similar to the stalls.


This application had significant neighbor opposition.   The neighbors opposed the application for the following:

·   Excessive flies

·   Odors

·   Placement of the stables

·   Number of horses on the property

·   Poor care of the horses

·   Neighborhood CC&Rs (Covenants, Conditions and Restrictions) that prevent large livestock.


The stables are located on the property line with the neighbor to the south.  This was a poor choice of location and may cause some of the neighbors’ complaints.


The TAB recommendation considered the following:

·   The TAB felt the property was suited for two horses only

·   Three months should be sufficient to complete the treatment of the rescue horse and find it a home

·   With two horses the pasture area should meet Title 30 standards

·   The landscaping should be installed.

·   The stable may not have sufficient setback

·   If the stable is moved it should be located as far as possible from the neighbors.

·   If the stable is moved increase the stable area to meet Title 30 Standards.


Neither the TAB nor the County has any control over CC&Rs and cannot resolve this problem between the neighbors.  If the CC&Rs was not recorded to run with the deed to the land, it may not be legally enforceable.


4.      UC-0242-11 – KAROUM, SAMIR J.: 

         Approved per Current Planning conditions


USE PERMITS for the following:


1.)     Increase the number of horses to 27 for a residential boarding stable where a maximum of 24 horses are permitted (a 9% increase)

2.)          Delete the requirement to provide one tree per 50 linear feet along the side (north) property line (a 100% reduction).


in conjunction with a proposed residential boarding stable on 2.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southeast corner of Chartan Avenue and Fairfield Avenue (alignment) within Enterprise. SS/mc/xx


This well-equipped facility can accommodate the additional horses without a problem.  The area where the landscaping is required is currently paved as part of Chartain.  This portion of Chartain has been vacated and replaced with a cul-de-sac.  The TAB felt landscaping along the north property line is not required.


07/20/11 BCC


5.      WS-0247-11 – COUNTY OF CLARK (AVIATION):

        APPROVED per Current Planning conditions

        ADD Current Planning condition

            Detached sidewalk along Warm Springs




1) Waive CMA site design and orientation standards;

2) Waive CMA architectural standards; and

3) Waive loading spaces.


DESIGN REVIEW for a data center on 17.5 acres in an M-D (Designed Manufacturing) Zone in the CMA Design Overlay District.  Generally located on the north side of Warm Springs Road and the east side of Lindell Road within Enterprise.  mbs/pb/xx

There was some confusion with this application.  There were previously approved waivers when the building to the northeast was built.  The questions is do they apply to the building under review?  This will be reviewed by the County staff.


The plans show a building with a maximum height of 43 feet 10 inches constructed with tilt-up panels and a metal bowed roof. Three metal roll-up doors are shown on the south side of the building. The building is 1,052 feet long and runs parallel Warm Springs Road. The only interruptions to the facade are 1 inch channel reveals and clearstory glass.


The building is designed to protect the computer equipment inside.  The roof is one long arc which does not meet the CMA design standards.  The arc is designed to allow water to easily flow off the roof and not onto the equipment below.  The TAB felt this was an acceptable reason not to meet the CMA standards.


The TAB added the condition for a detached side walk along Warm Springs.  Warm Springs is a major thoroughfare and the detached side walk is safer for pedestrians.


6.      ZC-0246-11 – COUNTY OF CLARK (AVIATION):

APPROVED per Current Planning conditions

        ADD Current Planning condition

            Detached sidewalk along Warm Springs

            Parking lot light poles not to exceed 10 ft. in height

DENIED Waiver of development standard #3


ZONE CHANGE to reclassify 17.5 acres from R-E (Rural Estates Residential) Zone and M-1 (Light Manufacturing) Zone to M-D (Designed Manufacturing) Zone.




1) Allow attached sidewalks where detached sidewalks are required;

2) Provide no loading spaces; and

3) Provide no parking lot landscaping.


DESIGN REVIEW for a data center.  Generally located on the south side of Warm Springs Road and the east side of Lindell Road within Enterprise (description on file).  ss/pb/xx


This the same building design presented in Item #5.  There are two principle differences between the applications.  This building is outside the CMA design area and a residential area is on the southern boundary.


It should be noted that there were no residents to speak for or against this application.  The building will be over 200 ft. to the north of the residential area with the parking area between the residents and the building.  The proposed landscaping will provide some buffer; however, a building of this size and the height of the wall will impose a significant barrier for the residents to the south.  The TAB felt the parking lot landscaping would provide some additional buffer for the residents.  The TAB, also, recommended the parking lot light poles be not higher than 10 ft.  This would keep the lighting level the top of the 10 ft. high perimeter wall.


The south perimeter wall will be 4 in. or 30 in. or more from the existing residential wall.  This could form an empty space that could cause problems in the future. 


The TAB added the condition for a detached side walk along Warm Springs.  Warm Springs is a major thoroughfare and the detached side walk is safer for pedestrians.


The TAB also, suggested the walking path on the east side of the residential area be continued along the east side of the project.


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.