ENTERPRISE TAB WATCH

Results

June 13, 2012

 

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

 

Planning Commission 7:00 P.M., Tuesday, July 3, 2012.

Board of County Commissioners 9:00 A.M., Tuesday, July 3, 2012.

NOTE: the change to the BCC hearing Day

Check the BCC agenda for start time

 

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.

 

 

CALL TO ORDER:

Pledge of Allegiance:

Introduction of County Staff

 

REGULAR BUSINESS

 

1.Approve the Minutes for the meeting held on May 30, 2012.  APPROVED

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

 

PUBLIC COMMENTS:

 

ANNOUNCEMENTS:

 

ADDITIONAL BUSINESS

 

ZONING AGENDA:

      SEE HOLDOVER APPLICATIONS and ATTACHMENT A

 

PUBLIC COMMENTS

 

NEXT MEETING DATE:  June 27, 2012

ADJOURNMENT: 

 

HOLDOVER APPLICATIONS

 

06/20/12 BCC

 

H-1.  UC-0175-12 – GOOD SAMARITAN LUTHERAN CHURCH OF LAS VEGAS:

Motion to approve was defeated 2 – 3

Motion to DENY was passed 4 - 1

If approved conditions:

·   Review as a public hearing in six months

·   Design review as a public hearing to include all planned and anticipated structures within six months

·   Complete the land scape buffer on the southern property line prior to modular building installation

 

USE PERMIT to allow temporary classrooms that are not architecturally compatible with the principal structure.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Modular buildings with flat roofs not screened with parapet walls; and

2) Mechanical equipment on modular buildings to be unscreened.

 

WAIVER OF CONDITIONS of a use permit (UC-0730-09) to limit school to Kindergarten through Grade 3.

 

DESIGN REVIEW for temporary classrooms in conjunction with a place of worship on 4.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southwest corner of Windmill Lane and Gagnier Boulevard within Enterprise. SB/bk/ml  (For possible action)

 

The school expansion on the church property is extremely controversial.  The TAB, after extensive testimony and discussion, focused on the following:

 

·   There is no publically approved plan for the entire property.

·   Once the modular buildings are approved it is very difficult for the county demand their removal.

·   Once in place, it is highly improbable that the BCC would vote to remove a school resident in modular buildings.

·   Future school demand could result in both permanent and modular buildings being used for classes.

·   The surrounding neighbors are very opposed to the use of modular buildings in the RNP.

·   The church’s needs are being favored over the adjacent residents.

·   The church’s piecemeal development has resulted in a lack of trust in any plan presented by the church.

·   The church’s steadfast refusal to consider off site alternatives until a permanent building is constructed has added to the questions on future intentions.

 

 

The piecemeal development approach has created a conflict between the neighbors and the church.  The neighbors feel the church pushed its way into a residential neighborhood with ever increasing commercial activities.   

 

The TAB based its recommendations on the following:

 

·   Any expansion approval should be based upon an approved design review for the entire property.

·   Any expansion must be done in permanent buildings.

·   The church’s refusal to consider alternative solutions.

·   Modular buildings are not appropriate in residential areas.

·   The removal of the modular buildings by a given date is not guaranteed by this application.

·   Previous construction forecast by the church was not accurate.

·   Future expansion in modular buildings, after the permanent building is constructed, is possible.

·   The requested expansion does not adequately protect the area residents.

·   The outside play area is not adequate for the school purposes.

·   Placement of the modular buildings may not leave sufficient room for permanent building construction.

·   Items settled in the initial negotiations, 4 years ago, are surfacing again. i.e. access on Gagnier

 

The TAB majority felt the piecemeal expansion requests should be halted at this time.  The current request could result in a long period of modular buildings being used within a residential area.   This expansion should be done in permanent buildings as a part of a strategic plan.  The area residents must have reasonable assurance that their neighborhood will not be harmed.  The current request does not accomplish that goal.

 

ATTACHMENT A

 

07/03/12 PC

 

1.   UC-0133-11 (ET-0056-12) – MC-2 USA, LLC:

APPROVED

USE PERMIT FIRST EXTENSION OF TIME to commence 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  (For possible action)

 

2.   UC-0215-12 – UNITED BROTHERHOOD OF CARPENTERS:

APPROVED

 

USE PERMIT for a communication tower.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Increased tower height; and

2) Reduce the separation between communication towers.

 

DESIGN REVIEW for a communication tower and supporting ground based equipment in conjunction with an existing training facility and proposed parking structure on a portion of 1.0 acre in an M-1 (Light Manufacturing) (AE-60 & AE-65) Zone.  Generally located on the east side of La Cienega Street (alignment), 400 feet north of Pamalyn Avenue within Enterprise.  SS/dg/ml  (For possible action)

 

There is an existing 105 foot high communication tower approximately 224 feet to the southwest that will be replaced by this proposed request and removed once the proposed tower becomes operational.

 

3.      UC-0220-12 – CRUMLEY, DAVID:

APPROVED

 

USE PERMIT to increase the area of an accessory apartment.

 

DESIGN REVIEWS for the following: 

 

1) Maintain a relocated single family residence over 5 years of age; and

2) Permit an accessory apartment

 

in conjunction with a proposed single family residence on 1.2 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located 280 feet south of Warm Springs Road, on the east side of Rogers Street within Enterprise.  SS/bk/ml  (For possible action)

 

The TAB was concerned about a rental apartment in the RNP.  The County code allows a rental apartment in the RNP as long as the owner lives on the same property.  The applicant was advised on the County probation on rentals of less than 30 days.

 

4.      UC-0238-12 – LDR PARTNERS:

APPROVED

 

USE PERMIT to allow a retail pharmacy in conjunction with an existing pharmaceutical company on a portion of 1.5 acres in an M-D (Designed Manufacturing) Zone in the MUD-3 and CMA Design Overlay Districts.  Generally located on the south side of Badura Avenue, 350 feet west of Torrey Pines Drive within Enterprise.  SS/dg/ml  (For possible action)

 

This request is for a portion of the north building. The building contains an existing 11,000 square foot pharmaceutical company that consists of ancillary office space and is proposing a 200 square foot walk-in retail pharmacy area where individual prescriptions are filled and dispensed to clients.

 

5.      VS-0225-12 – SHFL PROPERTIES:

APPROVED

ADD condition to Public Works

·Insure legal access is provided to property between this property and Jones Blvd.

 

VACATE AND ABANDON easements of interest to Clark County located between Sunset Road and Raphael Rivera Way, and between El Camino Road and Jones Boulevard in an M-D (Designed Manufacturing) (AE-60) Zone in the MUD-3 and CMA Design Overlay Districts within Enterprise (description on file).  SS/jt/xx  (For possible action)

 

6.      WS-0229-12 – TWITCHELL, GARY L. & KIM H.:

APPROVED

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced setbacks; and

2) Allow an alternative roof design

 

in conjunction with an addition to an existing single family residence on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) (AE-60) Zone.  Generally located on the southwest corner of Moberly Avenue and Procyon Street within Enterprise.  SS/al/ml  (For possible action)

 

7.      WS-0253-12 – BEAZER HOMES HOLDINGS CORP:

APPROVED

 

WAIVER OF DEVELOPMENT STANDARDS to reduce the rear setback for 3 lots in conjunction with a single family subdivision on a portion of 34.1 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 west side of Coorumby Street, 160 feet south of Erie Avenue on Earnshaw Avenue within Enterprise.  SB/rk/ml  (For possible action)

 

07/03/12 BCC    NOTE: Day of the week change     Check the BCC agenda for start time

 

8.      UC-0250-12 – MAULE JONES REALTY, LLC:

APPROVED

 

USE PERMIT to allow vehicle (automobile) repair.

 

WAIVER OF CONDITIONS of a zone change (ZC-2006-03) requiring recording perpetual cross access, ingress/egress, and parking easements with the property to the west.

 

DESIGN REVIEW for a vehicle (automobile) sales facility with outside display areas and vehicle (automobile) repair and maintenance facility on 5.0 acres in a C-2 (General Commercial) Zone in the MUD-3 and CMA Design Overlay Districts.  Generally located on the west side of Mann Street, 350 feet east of Torrey Pines Drive between Maule Avenue and Badura Avenue within Enterprise.  SS/dg/xx  (For possible action)

 

9.      WS-0249-12 – SOUTHWEST REALTY HOLDINGS, LLC:

APPROVED

 

WAIVER OF DEVELOPMENT STANDARDS to reduce the landscape area along the 215 Beltway frontage road (Roy Horn Way).

 

DESIGN REVIEW for a vehicle (automobile) sales showroom facility with outside display areas on 2.4 acres in a C-2 (General Commercial) (AE-60) Zone in the MUD-3 and CMA Design Overlay Districts.  Generally located on the southwest corner of Roy Horn Way and Redwood Street within Enterprise.  SS/dg/xx  (For possible action)

 

10.    ZC-0248-12 – MAULE JONES REALTY, LLC:

APPROVED

 

ZONE CHANGE to reclassify 0.8 acres from R-E (Rural Estates Residential) (AE-60) Zone to C-2 (General Commercial) (AE-60) Zone in the MUD-3 and CMA Design Overlay Districts.

 

WAIVER OF DEVELOPMENT STANDARDS to reduce the landscape area along the 215 Beltway frontage road.

 

DESIGN REVIEW for a parking lot in conjunction with an automobile sales facility.  Generally located on the south side of Roy Horn Way, the north side of Pama Lane (alignment), and 660 feet west of Redwood Street within Enterprise (description on file).  SS/dg/xx  (For possible action)

 

11.    WS-0256-12 – PARDEE HOMES NEVADA:

APPROVED

 

WAIVER OF DEVELOPMENT STANDARDS to reduce lot area for parcels within an approved single family residential subdivision on a 1.6 acre portion of a 10 acre development in an R-E (Rural Estates Residential) (RNP-I) Zone.

 

WAIVER OF CONDITIONS of a waiver of development standards (WS-0601-10) requiring a minimum of 17,200 square foot lots approved only on Lots 6 through 15, all other lots must be a minimum of 18,000 square feet.  Generally located on the southwest corner of Pebble Road (alignment) and Gagnier Boulevard (alignment) within Enterprise.  SB/al//ml  (For possible action)

 

This application was somewhat confusing.  It is a case were a new project affect a project in progress.  The current project was required to collect and handle water flows from the west on their property.  This was accomplished by placing the western block wall approximately 5 feet inside the property line.  The five feet outside the block wall is used for drainage.

 

The applicant is in the process of purchasing property to the west of the current project.  This new project is being designed as an R-1, 3 units per acre. The approval of this application would remove approximately 5 feet from the current project and add it to the new project.  The result is a single block wall along the boundary between projects.  If the application is not approved the result will be an approximately 5 foot wide by 550 long area between to walls.  This is not a desirable result.

 

If the new project does not go forward this waiver would not take effect.

 

12.    WS-0259-12 – BANK GREAT WESTERN, ET AL:

WITHDRAWN BY THE APPLICANT

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced setbacks;

2) Reduced street width;

 

3) Reduced intersection off-set; and

4) Non-standard off-site improvements.

 

DESIGN REVIEW for modifications to an approved single family residential development on 10.0 acres in an R-2 (Medium Density Residential) Zone in the MUD-3 Overlay District.  Generally located on the west side of Quarterhorse Lane, 200 feet north of Blue Diamond Road within Enterprise.  SB/al/xx  (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.