October 31, 2012


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


Planning Commission 7:00 P.M., Tuesday, November 20, 2012.

Board of County Commissioners 9:00 A.M., Wednesday, November 21, 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.




1.  Approve the Minutes for the meeting held on October 10, 2012.  APPROVED


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


     Companion items to be heard together:


1.            VS-0536-12 - TODARO, MARIA

3.            ZC-0535-12 - TODARO, MARIA:


2.      ZC-0526-12 – FAIRFIELD AVENUE, LLC: 

5.      VS-0589-12 – FAIRFIELD AVENUE, LLC:


              To be heard after item #5:


                             9.      WS-0573-12 – KB HOME DIAMOND RANCH EST, LLC


              Additional Business will be heard after the zoning agenda.




         One person wanted to know how to have any of jargon used during a presentation explained.




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




2.  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:





1.Receive a report from the Enterprise Town Advisory Board Committee on RNP Traffic Mitigation.  (For possible action).  Note: This item to be heard after the zoning agenda.


·The committee presented the results from the meeting with the RTC and requested permission to meet with Public Works.


   A motion was APPROVED:

·Two traffic committee members are authorized to meet with Dennis Cederburg or his designated representative to discuss traffic concerns within the RNPs.


2.Capital budget requests for fiscal year 2013.  (For possible action).


The TAB discussed a list of possible capital budget items for 2013.  The decision was made to refer the traffic related items to the traffic subcommittee for discussion with Public Works.







The observation was presented that the amount of water runoff in some areas has increased with each new development.  At present, two agencies are responsible.  Public Works reviews and approves drainage plans for each project.  The regional flood control agency is responsible for the valley wide routing of runoff.  It was suggested that a briefing from regional flood control be presented to the TAB.


NEXT MEETING DATE:  November 14, 2012




11/07/12 BCC


Three items from the September 26 Enterprise TAB meeting are being sent back to the TAB at the direction of Commissioner Sisolak.  These items incorrectly noted the Enterprise TAB meeting location and time.  They will be re-noticed and sent 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.


1.      VS-0536-12 - TODARO, MARIA:

APPROVED per staff conditions


HOLDOVER VACATE AND ABANDON easements of interest to Clark County located between Eldorado Lane and Viceroy Bay Avenue, and between Torrey Pines Drive and Mystic Voyage Street in an R-1 (Single Family Residential) Zone within Enterprise (description on file).  ss/rk/ed  (For possible action)


2.      ZC-0526-12 – FAIRFIELD AVENUE, LLC:

Approved per staff conditions with the following:

CHANGE the Waiver of Development standard #1:

·               Up to 9 foot retaining wall may be used

·      ADD Current Planning condition:

·               Coach lighting to be use on the cul-de-sac and Neal.

ADD Public Works conditions:

·            Waive off-sites for Neal, except for paving

·            Neal to be developed as non-urban road standards using Clark County standard drawing 209.1


HOLDOVER ZONE CHANGE to reclassify 5.0 acres from RUD (Residential Urban Density) Zone to R-2 (Medium Density Residential) Zone for a single family residential subdivision.




1) Increase wall height; and

2) Increase the length of a cul-de-sac. 


Generally located on the east side of Placid Street and the north side of Neal Avenue within Enterprise (description on file).  ss/rk/ml  (For possible action)


The development will utilize the existing planned land use Residential Medium designation to reclassify the property from Residential Urban Village (RUD, up to 14 units/acre) to Medium Density Residential (R-2, up to 8 units/acre).


The primary concern was the retaining walls’ height and length required on this project.  The retaining walls are required because the sewer connection to be used is located on Placid and the land slopes away from Placid. The sewer connection could not be taken to Bermuda due to a large storm drain blocking the way.


No retaining wall is required on Neal.  On Fairfield, there will be 11 feet of retaining and screening wall that will decrease to 6 ft of screening wall.  The highest wall will be on the north property line, approximately 100 ft from Placid.  The walls on other properties in this area do not exceed 6 ft.


Neal is developed to non-urban road standards on the south side and the TAB recommends the north side be developed to the same standard.


The applicant stated they could use coach lighting on the cul-de-sac instead of street lights.  This would be appropriate for the area.


3.      ZC-0535-12 – TODARO, MARIA:

APPROVED per staff conditions


HOLDOVER ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to R-1 (Single Family Residential) Zone for a single family residential subdivision.




1) Reduce the off-set between street intersections; and

2) Increase the length of a cul-de-sac. 


Generally located on the south side of Eldorado Lane, 295 feet west of Torrey Pines Drive within Enterprise (description on file).  ss/rk/ml  (For possible action)

This is an infill project.  There was neighborhood opposition to the density of this application.  Their request was to match the lot size adjacent to the applicant's property.  The adjacent property is zoned R-2 that was developed with approximately 10,000 sq. ft. lots.


The TAB considered the following:

·   The R-1 zone district requested is a lower zone district than the surrounding property

·   The project density is greater than the actual surrounding density.

·   The proposed density is slightly higher than the surrounding density.

·   The land use would allow R-2 zone district


The TAB requested the developer work with residents to procure permission to attach new block walls to the current boundary walls.  This would prevent building redundant walls within a residential area.


11/20/12 PC


4.      VC-0580-12 – CANFAM HOLDINGS, LLC:

APPROVED per staff conditions


VARIANCE to increase the length of architectural enclosures on 54.4 acres in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the south side of Windmill Lane and the east side of Torrey Pines Drive within Enterprise.  SB/rk/ml  (For possible action)


5.      VS-0589-12 – FAIRFIELD AVENUE, LLC:

APPROVED per staff conditions


VACATE AND ABANDON easements of interest to Clark County located between Fairfield Avenue and Placid Street, and between Neal Avenue and Doobie Avenue (alignment) in an RUD (Residential) Zone within Enterprise (description on file).  SS/mk/ed (For possible action)


6.      WS-0586-12 – ADF-SUNSET 7, LLC:

APPROVED per staff conditions


WAIVER OF DEVELOPMENT STANDARDS for early grading of a parcel by waiving the requirement for an approved land use application in conjunction with a grading permit on 4.4 acres in a C-2 (General Commercial) (AE-60) Zone in the MUD-3 and CMA Design Overlay Districts.  Generally located on the south side of Sunset Road, 330 feet east of Torrey Pines Drive within Enterprise.  ss/pb/ml  (For possible action)


In several applications in front of the TAB, the property owner assumed that the OK by one inspector was all they needed to meet all county requirements. 


This property has been visited by several county agency inspectors, each with a different concern.  The inspector did not provide the property owner with the information to bring the property into full compliance.  This situation is created by the number of specialized regional agencies each with its own inspectors.  It would be helpful if the various inspectors carried an information sheet on what agencies to contact to ensure compliance with all county regulations and requirements.


11/21/12 BCC


7.      UC-0566-12 – JONES, STACY A.:

APPROVED per staff, if approved conditions with following changes:

The applicant will meet all the Animal Control conditions prior to the November 21 BCC meeting

Current Planning Bullet # 1 replaced with:

·   The Use Permit will expire on December 31, 2013.  (The TAB intent is this permit is not renewable.)

ADD Current Planning condition:

·   The use permit is limited to the four named chimpanzees and 1 capuchin monkey.


USE PERMIT for exotic animals (1 capuchin monkey and 4 chimpanzees) in conjunction with a single family residence on a portion of 2.1 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the southwest corner of Robindale Road and Ullom Drive within Enterprise.  SS/jt/ml  (For possible action)


After extensive testimony and discussion, the TAB determined this site is not suitable for exotic animals over the long term due to increasing residential density and public safety concerns. The TAB recommendation is intended to give the applicant time to relocate the chimpanzees to an area that is more suitable.  The TAB opinion is this application must not be extended beyond the time required to relocate the chimpanzees to a suitable habitat.


This application has had a lot of publicity and is very contentious.    There were over 1600 emails and 100 phone calls in opposition to this item.  At the TAB meeting, there were 6 people in opposition and 6 people in favor.  The people in favor were adjacent residents.


The opposition portrayed chimpanzees as intelligent animals that can be very aggressive and dangerous.  They cited several well published incidents to back their case.  They also implied the care for the chimpanzees in this application was not up to standards. Their position is to deny the application.  What was not presented was a follow on solution if the application is denied.


The adjacent neighbors were in favor of the chimps at the current location.  These neighbors did not view the chimpanzees as a threat or hazard.  Part of their position is their area was an RNP that has been chipped away by developers.  They felt their lifestyle should not be restricted by the new development.  The new development should adapt to the long established lifestyle in the area.  Animals, including exotic animals, are part of that lifestyle.


Animal Control inspected the applicant in 2010 along with the USDA inspector.  In 2010, the Animal Control officer indicated all was in order.  The applicant was not informed that a Use Permit is required to house the chimpanzees in a residential area.   The TAB is finding inspectors from various departments are not providing information on other county requirements that must be met for the activity being inspected.  This delays the staff or public review of these activities.


The TAB concerns:

·   As the residential density increases the suitability for exotic animals decreases.

·   What happens to the chimpanzees if the application is denied?

·   Are the current chimpanzee facilities sufficient to protect the neighborhood for the short term?


         The following areas were presented to or discussed by the TAB:

·   The density of surrounding area has significantly increased since the original Use Permit was approved in 2002.

o           Density in the area will continue to increase.

o           Increased density makes control of an escaped chimp more difficult.

o           When houses are built to the south, the offset will be 15 ft. from the applicant’s property.

·   Unlike many land use applications, the resolution of this application will have direct effect on living, intelligent creatures.

·   The temperament in chimpanzees is highly variable and can change over their lifetime.

o           Older males tend to be more aggressive.

o           The young  and female chimpanzees tend to be less aggressive.

o           Conditions they are kept in can affect temperament.

o           The trainer’s care can make a difference in an individual chimpanzee’s temperament.

·   Currently The USDA and Clark County Animal Control set and enforce care and housing standards.

o              No testimony was presented to show there are current violations of care.

o              The current violations are for no Use Permit and Business License.

o              Animal Control indicated the current situation was acceptable for short term housing.

·   2010 visits by Animal Control to the site left the impression that no further action was required by the applicant.

·   August, 2012, the applicant was informed he would require a Use Permit and a Business License to continue at the current location.

·   Any animal in a residential area can be dangerous.

o           Statistics on dog attacks resulting in human deaths was presented as a counter point to the danger level presented by the chimpanzees.


One question not asked.  What is the availability of tranquilizer weapons to the animal control officers?  Are they carried in their vehicles or dispatched when needed?



Held until 14 November 2012 TAB meeting


USE PERMIT for an accessory structure not compatible with the principal structure.


DESIGN REVIEW for an accessory structure (storage building) 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/mk/ml (For possible action)


9.      WS-0573-12 – KB HOME DIAMOND RANCH EST, LLC:

APPROVED per staff conditions




1) Reduced rear setback; and

2) Waive street improvement standards (street lights)


in conjunction with an approved single family residential subdivision on a portion of 5.0 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the west side of Ullom Drive, 300 feet south of Robindale Road within Enterprise.  SS/mk/ml (For possible action)


This application was after the drainage study was completed and Public Works required Horizon Ranch Court to be a public road.  This is due to the amount of water that will be conveyed from Decatur to the east.  This is another case where the drainage study has modified previous approvals.  The drainage study should be required as part of any Design Review.


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 may be 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.