ENTERPRISE TAB WATCH

Results

October 10, 2012

 

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

 

Planning Commission 7:00 P.M., Tuesday, October 16, 2012.

Board of County Commissioners 9:00 A.M., Wednesday, October 17, 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.

 

Introduction of County Staff

 

REGULAR BUSINESS

 

1.  Approve the Minutes for the meeting held on September 26,2012.  APPROVED

 

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

     Agenda Items 1 & 3 are companion items and will be heard together

 

PUBLIC COMMENTS:  NONE

 

ANNOUNCEMENTS:

 

1.Clark County Administrative Services is taking applications for TAB Members for 2013-2014.    The application can be found at:  

http://www.clarkcountynv.gov/Depts/admin_services/tlservices/Services/Documents/TOWNAPP%202012.pdf

 

2.Clark County Building Department Town Hall Meeting: Tuesday, October 30, 2012, 4:00 p.m. – 6:00 p.m. Clark County Building Department Presentation Room.  4701 West Russell Road, Las Vegas, NV.

 

3.Rock 'n' Roll Las Vegas Marathon & 1/2 Marathon will be held on December 2, 2012.  The start times are 3:00 pm and 4:30 pm.  This event will impact traffic in the area.  More information can be found at:

http://runrocknroll.competitor.com/las-vegas

 

4.  Three items from the September 26 Enterprise TAB meeting, which incorrectly noted the Enterprise TAB meeting location and time will be re-noticed and sent back to the October 31 Enterprise TAB meeting and will be heard at the November 7 Board of County Commissioners Zoning meeting.  The items were: ZC-0523-12; ZC-0535-12; and VS-0536-12.

 

ADDITIONAL BUSINESS   NONE

 

ZONING AGENDA:

 

         SEE HOLDOVER APPLICATIONS and ATTACHMENT A

 

PUBLIC COMMENTS

 

NEXT MEETING DATE:  October 31, 2012

 

10/16/12 PC

 

H-1.  UC-0518-12 – AMAZING RAINBOW, LLC:

APPROVED per Staff conditions and plans as presented

ADD Major Projects condition:

   Design Review as a public hearing for permanent signs.

 

USE PERMIT for outside dining in conjunction with a proposed restaurant.

 

VARIANCE to reduce parking.

 

DESIGN REVIEW for a shopping center on 8.8 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  (For possible action)

 

This application was held by the applicant to provide the TAB with more information on drainage and the amount of fill that would be required.

 

The TAB was concerned because the property slopes approximately 10 feet from west to east.  The water runoff is toward Mardon. The applicant stated the following:

 

·   The existing block walls will be used, no redundant wall.

·   The water flows along the eastern boundary from the next property south.  This prevents the applicant from using fill along the eastern boundary.

·   The buildings, located along the eastern boundary, finished floor height, will be approximately the same as the houses along the eastern boundary.

·   The southern landscape buffer will be a ten foot wide, intense landscape buffer.

 

The TAB was satisfied that fill used would not significantly raise the commercial buildings well above the surrounding residential buildings.

 

Signage was not part of this application and the TAB added a request for a public design review.

 

The TAB appreciates the efforts the applicant took to provide the preliminary grading and drainage data.

 

ATTACHMENT A

 

11/06/12 PC

 

              1.  NZC-0564-12 – TOCK-DAY IRREVOCABLE BUSINESS:

                  DENIED

ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a single family residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Reduced lot area; and

2) Permit non-standard street improvements

 

in conjunction with a proposed single family residential development.  Generally located on the south side of Windmill Lane, 330 feet west of Warbonnet Way within Enterprise (description on file).  SB/al/ml  (For possible action)

 

This application is strongly opposed by the neighborhood.

 

The applicant's representative was not able to offer any compromises or condition changes.  The land owner priced this land for sale based upon the condition that 40 homes be built.  Richmond American Homes were the high bidder.  The nature of the contract does not allow any compromise during the land use process.  This is not the best way to approach a non-conforming zone change.

 

The TAB is firmly opposed to this zone change and lot size reduction for several reasons.

 

The staff’s compelling justification analysis did not consider or was not accurate in the following:

·   The area along Windmill has not substantially changed since the last major land use update.

·   The other non-conforming zone changes adjacent to the RNPs have been to R-1 with 10,000 sq. foot lots along the RNP boundary.

·   Previous applications approved along the RNP boundary have required 10,000 sq. foot lots and single story houses.

·   Reduction in R-2 lot size is counter to the trend for increased lot sizes being presented in applications over the last year.

·   The deed-restricted land along Windmill was not considered in the analysis of how the area could develop.

 

The TAB concluded there are insufficient changes in the area to warrant a non-conforming zone change and the trend for approved non-conforming zone changes in Enterprise is toward larger lots.

 

The TAB also considered the following:

·   Neighborhood opposition to small lot development on the RNP boundary

·    28 of 40 (70%) lots require the Waiver of Development Standards for reduce lot size.

·   The applicant's lack of ability to compromise or accept changes.

·   This project does not provide an adequate buffer to the RNP.

·   The current commercial land use designation along Windmill allows for coherent development.

·   The deed restricted land prevents a significant part of the area from becoming residential.

·   Given the deed-restricted land, this application is spot zoning.

·   The entire area along Windmill should be addressed in the next major land use update.

·   If the Southwest Sports Park is developed, there could be a demand for commercial along Windmill.

 

The TAB has consistently supported using 10,000 sq. ft. lots and the R-1 zone district along the RNP boundaries.  This project does not meet that standard.  At this time, a 5 acre medium density, and residential project does not fit in this location could lead to an inappropriate mixture of commercial and residential. When more is known about the direction of deed restrictions and the Southwest Sports Park. That will be the time to decide land use south of Windmill.

 

2.      VS-0563-12 – RHODES RANCH, GP:

         APPROVED per Staff conditions

         CHANGE Public works Condition #2 to read:

·   Reserve out a 20 foot easement to Clark County for maintenance access and trail use on Wigwam Avenue and Seeliger Street north of the proposed cul-de-sac.

 

         VACATE AND ABANDON a portion of right-of-way being Seeliger Street located between Wigwam Avenue (alignment) and Ford Avenue (alignment) and a portion of right-of-way being Wigwam Avenue located between Hidden Mountain Way and El Capitan Way (alignment) in an R-E (Rural Estates Residential) Zone and an R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone within Enterprise and Spring Valley (description on file).  SB/rk/xx  (For possible action)

 

The applicant was not aware of the Public Works conditions placed on the application.  The TAB members had received the Public Works update several days before by email.  The requirement for an easement to Clark County for maintenance access and trail use was a surprise to the applicant.  The applicant will take this requirement up with Public Works as the application moves forward.  The TAB felt a definitive width for the easement should be included.

 

3.      VS-0565-12 – TOCK-DAY IRREVOCABLE BUSINESS TRUST:

                  DENIED

VACATE AND ABANDON easements of interest to Clark County located between Windmill Lane and Mistral Avenue (alignment), and between Warbonnet Way and Valadez Street (alignment) in an R-2 (Medium Density Residential) Zone within Enterprise (description on file).  SB/al/xx  (For possible action)

 

11/07/12 BCC

 

4.            ZC-0551-12 – REGIONAL MARYLAND, LLC:

APPROVED per Staff conditions

 

ZONE CHANGE to reclassify 4.6 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for future commercial development in the MUD-4 Overlay District.  Generally located on the southwest corner of Cactus Avenue and Maryland Parkway within Enterprise (description on file).  SS/al/xx  (For possible action)

 

 

This application is a zone change without plans.  The staff analysis and resulting conditions help ensure the future development will fit into the neighborhood.  The staff conditions require the following:

 

·   Design review as a public hearing on final plans to include signage and lighting;

·   Provide an intense landscape buffer, per Figure 30.64-12, along the south property line.

 

5.            ZC-0552-12 – REGIONAL CACTUS, LLC:

APPROVED per Staff conditions

 

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone.  Generally located on the southeast corner of Cactus Avenue and Amigo Street within Enterprise (description on file).  SS/al/ml  (For possible action)

 

This application is a zone change without plans.  The staff analysis and resulting conditions help ensure the future development will fit into the neighborhood.  The staff conditions require the following:

 

·   Design review as a public hearing on final plans to include signage and lighting.

·   Provide an intense landscape buffer, per Figure 30.64-12, along the south property line.

·   Maximum building height of 27 feet.

·   Record a perpetual cross-access easement with the adjacent lot to the east.

 

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.