ENTERPRISE TAB WATCH

Results

April 11, 2012

 

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

 

Planning Commission 7:00 P.M., Tuesday, May 1, 2012.

Board of County Commissioners 9:00 A.M., Wednesday, May 2, 2012.

 

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.

 

REGULAR BUSINESS

 

1.           Approve the Minutes for the meeting held on March 28, 2012.  APPROVED

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

 

PUBLIC COMMENTS:

Response to citizen comments on

 

The application for AC-0893-11, which is for a Family Community Residence, is an administrative approval by staff.  As long as the applicant meets the conditions of approval, we are required to approve the request.  NRS 278.02386 requires us to treat these types of facilities as single family residences.  Since this type of application is administrative in nature, we do not send out notices to the surrounding property owners.

 

If you have any further questions, please let me know.

 

Mario Bermudez

mbz@ClarkCountyNV.gov

 

The Nevada Revised Statues (NRS) directs the County to handle these applications in certain manner.  The way to effect change is to contact your state senator or assembly person to change the NRS requirements.

 

ANNOUNCEMENTS:  None

 

ADDITIONAL BUSINESS   None

        

ZONING AGENDA:

         SEE HOLDOVER APPLICATIONS and ATTACHMENT A

 

PUBLIC COMMENTS

 

NEXT MEETING DATE:  April 25, 2012

ADJOURNMENT: 

 

ATTACHMENT A

 

04/17/12 PC

 

1.            WS-0055-12 – GLOBAL DEVELOPMENT GROUP, LLC:

APPROVED per staff conditions with the following:

DELETE Current Planning bullets # 1 and 2

ADD Current Planning Conditions:

·               The applicant to file a deed restriction for no automotive uses

·               Grant perpetual crossing access with adjacent properties east and west including APN 177-27-712-007

·               All pole mounted lights will have cutoff fixtures that meet or exceed the Illuminating Engineering Society of North America requirements for full cutoff classification

 

HOLDOVER WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced landscaping adjacent to a collector street;

2) Reduced residential adjacency setback; and

3) Modified design standards.

 

DESIGN REVIEW for a retail center on 1.7 acres in a C-2 (General Commercial) Zone in the MUD-4 Overlay District.  Generally located on the south side of Pyle Avenue, 225 feet west of Maryland Parkway within Enterprise.  SS/rk/ml  (For possible action)

 

The applicant’s plans show a one story, 20,024 square foot building proposed for retail and office uses.

Two ingress/egress points are proposed for the site from Pyle Avenue. The property is unique; the southern boundary has retaining and block walls approximately 20 ft. high.  The residential properties to the south are considerably higher than the applicant’s property.  The following factors were considered by the TAB:

 

·               The applicant’s property is significantly lower than the residences to the south.

·               Fill removal will be needed to match properties on the east and west.

·               The drainage pattern on the property west of the applicant’s is mid property.

·               Perpetual cross access be established with properties east and west for effective traffic flow.

·               How effective will landscaping be on the south boundary?

·               Lighting and signage are not part of the application.

·               Applicant will construct a 6 ft. retaining wall on the southern boundary.

·               Staff is concerned with automotive uses due to southern roll up doors in the design.

·               A condition for no automotive uses is not enforceable by the County because they are an entitlement in the C-2 zone district.

·               Applicant requires roll up doors for his business.

 

The TAB’s recommendation is Current Planning bullets #s 1 and 2 be deleted.  The applicant agreed to file a deed restriction to preclude automotive uses on the property and replace the southern elevation roll up doors with standard doors on the smaller spaces.  This would allow the applicant to meet their business needs while partially meet the staff concerns with automotive uses on the property.  Based on the applicant’s two agreements, the TAB recommends Current Planning Bullet # 1 be eliminated.

 

The TAB’s opinion is the intense landscape buffer does not accomplish any real purpose on this property.  The applicant will build a 6 ft. retaining wall, 6 ft. from the current southern wall.  Fill will be added between the two walls and landscaping installed.  Some landscaping is needed to break up the remaining 14 ft. wall. However, an intense landscape buffer is not appropriate in this location.

 

The flow of traffic between the businesses at this location is dependent on granting cross access.  The applicant has several agreements currently in place.  The TAB experience is a condition should be added to ensure the cross access occurs.

 

The TAB decided to add a condition for all pole lighting to have full cut off fixtures rather than require a design review as a public hearing.  The full cut off fixture will shield the residences to the south.  The southern wall height will mitigate the effect of the other lighting on the property.

 

05/01/12 PC

 

2.      SC-0121-12 – TSLV, LLC & COUNTY OF CLARK (AVIATION):

APPROVED per staff if approved conditions

 

STREET NAME CHANGE to establish Town Square Parkway as the name for a private drive in an H-1 (Limited Resort and Apartment) (AE-65 & AE-70) Zone and a C-2 (General Commercial) (AE-65 & AE-70) Zone.  Generally located on the south side of Sunset Road and the west side of Las Vegas Boulevard South within Enterprise.  SS/gc/xx (For possible action)

 

The plans show a private drive that forms a loop road between Sunset Road and Las Vegas Boulevard South along the west and south property lines of the Town Square Shopping Center.  The applicant proposes to name this private drive Town Square Parkway.   County standards do not allow signs for a commercial business or location to be placed in the public right of way.  The approval of this application would allow the placement of a street name sign to identify the fly-over ramp into Town Square.

 

This item generated considerable debate.  The two positions were:

 

OPPOSED

·   Las Vegas Fire Alarm Office recommendation is to deny

·   May cause confusion with a similar named road in the City of Las Vegas.

·   Could result in the dispatch of emergency vehicles to the wrong location.

·   Name conflict should be resolved prior to approval.

 

IN FAVOR

·   Street name signage would help direct driver to the correct lane to enter Town Square

·   Attempts to contact the firm that reserved Town Square street name have failed

·   The sub division with the Town Square street name reserved may be an old application that will not be built.

·   Current Planning analysis states, signage will increase public safety.

 

3.            UC-0107-12 – BECKER, ERNEST A. IV & KC FAMILY TRUST:

APPROVED per staff conditions with the following:

ADD Current planning conditions:

·   Gas canopy lighting downward will be recessed into the canopy with the light source not to extend below the recess opening.

·   All pole mounted lights will have cutoff fixtures that meet or exceed the Illuminating Engineering Society of North America requirements for full cutoff classification.

 

USE PERMIT to allow a wash bay for a car wash to face a public street in conjunction with a service station and convenience store.

 

DESIGN REVIEW for a car wash and service station on a portion of 5.1 acres in a C-2 (General Commercial) Zone in the MUD-4 Overlay District.  Generally located on the northwest corner of Blue Diamond Road and Rainbow Boulevard within Enterprise.  SB/al/ml  (For possible action)

 

A convenience store was operated at this location since 1995 and closed about a year ago.  The fuel pumps and tanks were removed due to soil contamination.  This application reestablishes a convenience store with gas pumps and car wash with a new operator. 

 

On this property, it is hard to locate a car wash where the wash bay will not face a public street.   The adjacent properties are zoned C-2 and should not have a problem with the orientation of the car wash.

 

The TAB was concerned with the lighting and signage to be used as they were not part of this application.  The two lighting conditions were added instead of requesting a design review for lighting.  The persistent complaints to the TAB about canopy and parking lot lighting are the reasons for the lighting conditions.  The applicant intends to use the existing sign locations.  Given this, the TAB did not add a condition for a signage design review.

 

4.            UC-0115-12 – WSL PROPERTIES, LLC:

 

APPROVED per staff conditions with the following:

ADD Current planning condition:

·   Design review as a public hearing for signage

 

USE PERMIT for second hand sales in conjunction with a commercial and industrial development on a portion of 13.6 acres in an M-D (Designed Manufacturing) (AE-60 & AE-65) Zone.  Generally located on the northeast corner of Dean Martin Drive and Capovilla Avenue within Enterprise.  SS/rk/ml  (For possible action)

 

5.            UC-0123-12 – TSLV, LLC:

APPROVED per staff conditions with the following:

CHANGE Current Planning bullet # 3 to read:

·    Allow temporary outdoor commercial events not to exceed 52 events per year or 8 events per calendar month.

USE PERMITS for the following:

 

1) Retail sales and service

2) Live entertainment;

3) Nightclub;

4) Movie theater;    1 thru 4 are currently approved uses

5) Restaurant;

6) On-premise consumption of alcohol;

7) Alcohol sales, beer & wine – packaged only;

8) Alcohol sales, liquor – packaged only;

9) Arcade;

10) Art gallery/studio;

11) Personal services (salon & spa);

12) Billiard hall;

13) Caterer;

14) Day care;

15) Club;

16) Pharmacy;

17) Photographic studio;

18) Sporting goods;

19) Tattoo;

20) Permanent make-up;    5 thru 20 are typical shopping center uses

21) Large scale retail business;

22) Motion picture production/studio;

23) Outside dining, drinking, and cooking;

24) Food processing (bakery);

25) Psychic arts;

26) Recording studio;

27) Convenience store;

28) Food carts/booths;

29) Museum;                         21 thru 29 are included in other shopping centers with no negative impact

30) Farmer’s market; and

31) Allow unlimited temporary outdoor commercial events where 12 per calendar year are allowed

 

in conjunction with an existing shopping center (Town Square) on 92.8 acres in an H-1 (Limited Resort and Apartment) (AE-65 & AE-70) Zone.  Generally located on the southwest corner of Las Vegas Boulevard South and Sunset Road within Enterprise.  SS/bk/ml  (For possible action)

 

This application is required because the shopping center use was eliminated from Title 30.  The shopping center use caused confusion in what uses were allowed in different zone districts.  To eliminate the confusion, the shopping center uses was eliminated.  An applicant must now apply for each use in a commercial center. 

 

The breakdown of the requested use permits:

·  1 thru 4 are currently approved uses in Town Square

·  5 thru 20 are typical shopping center uses

·  21 thru 29 are included in other shopping centers with no noted negative impact

·  30 - Framer’s Market; limited to 3 consecutive days and 4 times per month

·  31 - Revised by the TAB and agreed to by the applicant.

 

The requested use permits allows Town Square the flexibility to attract new tenants.  Given Town Square’s size (100 acres) and location (adjacent to I-15 and I-215) the range of use permits requested is appropriate.

 

Staff has concerns with allowing unlimited temporary outdoor commercial events in a calendar year (use permit #31). This request is excessive and not in compliance with Title 30.  The applicant desires some flexibility with the number of events per month.  Some months are more desirable for these outdoor events than others.  The TAB solution is to cap the yearly event number and specify the number of events permitted per calendar month.  Each outdoor commercial event must have a use permit issued by the County before it can occur.  This condition and the two year review will determine if this is the right approach.

 

6.      VS-0120-12 – GOLDSTROM FAMILY TRUST, ET AL:

APPROVED per staff conditions

VACATE AND ABANDON easements of interest to Clark County located between Windmill Lane and Shelbourne Avenue and between La Cienega Street and Placid Street and a portion of right-of-way being Via Conchita Way located between La Cienega Street and Placid Street and a portion of right-of-way being Via Del Rio Court located between Shelbourne Avenue and Windmill Lane and an unnamed right-of-way (cul-de-sac) located between La Cienega Street and Placid Way in an R-E (Rural Estates Residential) (RNP-I) Zone within Enterprise (description on file).  SS/co/xx  (For possible action)

 

05/02/12 BCC

 

7.      VC-0416-10 (ET-0028-12) – BAYPORT WINDMILL ASSOCIATES, LLC:

APPROVED per staff conditions

VARIANCE FIRST EXTENSION OF TIME to commence the modification of trash enclosure requirements in conjunction with an approved multi-family development on 13.0 acres in an R-4 (Multiple Family Residential – High Density) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the south side of Windmill Lane, 400 feet east of Rainbow Boulevard within Enterprise.  SB/rk/ml  (For possible action)

 

8.      ZC-1158-07 (ET-0027-12) – BAYPORT WINDMILL ASSOCIATES, LLC:

APPROVED per staff conditions

ZONE CHANGE SECOND EXTENSION OF TIME to reclassify 13.0 acres from C-1 (Local Business) Zone and C-2 (General Commercial) Zone to R-4 (Multiple Family Residential - High Density) Zone.

 

VARIANCES for the following:

 

1) Increase building height; and

2) Increase accessory building height in conjunction with a multi-family project.

 

DESIGN REVIEW for a multi-family development including accessory structures in the Pinnacle Peaks Concept Plan Area.  Generally located on the south side of Windmill Lane, 400 feet east of Rainbow Boulevard within Enterprise.   SB/rk/ml  (For possible action)

 

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.