ENTERPRISE TAB WATCH

Results

April 10, 2013

 

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

 

Planning Commission 7:00 P.M., Tuesday, May 7, 2013.

Board of County Commissioners 9:00 A.M., Wednesday, May 8, 2013.

 

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 27, 2013      APPROVED

 

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

 

Companion Items to heard together:

 

1.NZC-0129-13 – S & E INVESTORS, LLC, ET AL:

6.     VS-0130-13 – S & E INVESTORS, LLC, ET AL:

 

2.NZC-0131-13 – CACTUS & BERMUDA, LLC, ET AL:

7.     VS-0132-13 – CACTUS & BERMUDA, LLC, ET AL:

 

4.NZC-0138-13 – DALEY FAMILY TRUST, ET AL:

8.     VS-0139-13 – DALEY FAMILY TRUST, ET AL:

 

PUBLIC COMMENTS:   NONE

 

ANNOUNCEMENTS:  NONE

 

ZONING AGENDA:

 

05/07/013 PC

 

1.            NZC-0129-13 – S & E INVESTORS, LLC, ET AL:

DENY Zone Change;

DENY Waiver of Development Standards #1a & 1b;

DENY Waiver of Development Standards #2;

APPROVE Waiver of Development Standards #3;

ADD Current Planning conditions:

   ROI be established for this project specifically;

Motion APPROVED (Wilson abstained) per staff “if approved” conditions

 

ZONE CHANGE to reclassify 15.2 acres from R-E (Rural Estates Residential) Zone and M-1 (Light Manufacturing) Zone to R-3 (Multiple Family Residential) Zone for a single family residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Reduced setbacks;

2) Reduced driveway length; and

3) Increased cul-de-sac length. 

 

Generally located on the east side of Rainbow Boulevard and the south side of Mountains Edge Parkway within Enterprise (description on file).  SB/al/ml  (For possible action)

 

Six individual attended the TAB for this application.

 

The TAB had two principle questions to make recommendations on.  First, is the non-conforming zone change appropriate for the area?  Second, should the waivers of development standards be granted?  The developer presentation concentrated on the second question not the first.  The zone change is the critical question.

 

The Staff analysis on the zone change is excellent and very helpful to the TAB’s understanding of the issues involved.

 

The TAB considered the following for the non-conforming zone change.

·   The area is land use planned for industrial

·   The industrial area is a primary job creation area

·   There is a limited amount of industrial land in Enterprise.

·   The TAB has receive requests for more industrial land

·   The present of residential discourages industrial use from being established

·   Adjacent parcels are currently zoned M-1

·   A change of this magnitude should be done in a major land use update.

·   The applicant did not provide compelling justification required.

·   Would increase the student population in overcrowded schools

 

The TAB opinion is the applicant did not present compelling reasons to justify the non-conforming zone change.  The request to add a ROI specific to this project be added to prevent flipping to a high density project.

 

The TAB considered the following for the waivers of development standards:

·   The four foot rear set back is used as driveway

·   The front 10 foot setback is used for a common sidewalk and entry to each unit

·   The four foot driveway is not adequate.

·   Silverleaf, a similar DR Horton product, has a lack of open space and potential parking problems

·   26 on street parking places are not enough to accommodate a development of 130 units.

·   The pool area is not adequate to compensate for the lack of open space.

 

The TAB opinion is this type of compact development has not worked well in previously developed area. 

 

2.            NZC-0131-13 – CACTUS & BERMUDA, LLC, ET AL:

APPROVE Zone Change reduced to RD;

APPROVE Waivers of Development Standards 1, 2, & 3;

Waiver of Development Standards #4 WITHDRAWN per applicant request;

 

PER Staff “if approved” conditions with the following additions, deletions, and changes:

 

STRIKE Current Planning bullet #1;

 

ADD Current planning conditions;

·   Provide cross access to property on the northwest corner of Cactus and Bermuda if developed as residential.

·   Provide pedestrian access at the Placid Street northern terminus.

 

ADD Public Works conditions:

·   Waive off-sites on, except for 32 ft. of paving, on Rush Avenue and Placid Street unless required by drainage study

·   Street lighting to be fully shielded along Cactus and Bermuda.

 

WITH the added proposed conditions submitted by the applicant:

·   Lots numbered 3, 4, 5, 6, 7, 27, 28, 29, 30, 31, and 32 will be constructed as single story homes.

·   No vehicular access from Placid Street to Rush Avenue.

·   Fairfield Avenue shall be vacated.

·   Construct a 9 foot high perimeter decorative block wall along the north property line on Rush Avenue.

·   Construct a 9 foot high perimeter decorative block wall adjacent to APN: 177-28-803-006 (Rogers’ property).

·   Perimeter landscaping along Rush Avenue to be finalized with an exhibit.

·   Construction traffic on Rush Avenue and on Placid Street north of Rush Avenue is prohibited.

·   An emergency access gate to be constructed on Rush Avenue between Lot 1 and Lot 71.  Final design and location to be approved by the County.

·   Internal lighting shall be coach lighting on the homes.  No interior street lights.

·   Any significant changes to the site plan will require a new design review as a public hearing before the Board of County Commissioners.

·   Approval is subject to a resolution of intent for one year from approval.  Applicant is required to record a final map within one year from approval.

 

ZONE CHANGE to reclassify 21.9 acres from R-E (Rural Estates Residential) (RNP-I) Zone to R-1 (Single Family Residential) Zone.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced street intersection off-set;

2) Increase the length of a street without a County approved turnaround;

3) Waive full off-site improvements; and

4) Modified street improvements in accordance with Clark County’s Uniform Standard Drawings. 

 

Generally located on the north side of Cactus Avenue and the west side of Bermuda Road within Enterprise (description on file).  SS/rk/ml  (For possible action)

 

The TAB had two principle questions to make recommendations on.  First, is the non-conforming zone change appropriate for the area?  Second, should the waivers of development standards be granted?  The developer presentation concentrated on the second question not the first.  The zone change is the critical question.

 

The Staff analysis on the zone change is excellent and very helpful to the TAB’s understanding of the issues involved.

 

The residents expressed two primary concerns to the TAB.  First, is the lot sizes being 10,000 sq. ft. or larger.  Second, limit traffic into the RNP.

 

The TAB considered the following for the non-conforming zone change.

·   The area is land use planned for Residential Low and Commercial Neighborhood

·   Residents surrounding the project desire larger lots than presented.

·   The land use and development north and south is RNP-1

·   The applicant did not provide compelling justification required.

·   This land was removed from the RNP during the 2009 Enterprise land use update.

·   The R-1 zone district is needed due to the smaller lot sizes

·   The project density is lowered by including the wash area.

 

The TAB opinion is the project should be developed using the RD zone district.  This would provide a minimum of 10,000 sq. ft. lots which meets the area resident’s objective and the Enterprise policy for 10,000 sq. ft. lots on the RNP boarder.

 

The applicant has made an extra effort work with the area residents to mitigate the project effects.  The applicant submitted a number of conditions to mitigate the impact on the surrounding RNP.  The TAB added these conditions. In addition the TAB added several conditions for street lighting and conductivity within the area.

 

A resident concern is an increase of cut through traffic into the RNP.  The TAB supports the crash gate on Rush and the Placid termination south of Rush.  Both Rush and Placid should be developed with the non-urban road standards.  Rush boarders the RNP, as a result Rush should not have off-sites unless they are required for drainage.

 

The TAB questioned the need for a 9 foot wall to be installed.  In most cases a 6 foot wall with landscaping is a sufficient visual block.  The residents were in favor of the 9 foot wall. 

 

3.      NZC-0134-13 – PECK, JERRY JON & SHELLY ANNE:

Motion was APPROVED as follows:

REDUCE Zone Change to MD

APPROVE Waiver of Development standards # 1 & 2

APPROVE Design Review #1

DENY Design Review #2

PER staff “if approved” conditions.

 

ZONE CHANGE to reclassify 1.9 acres from R-E (Rural Estates Residential) Zone to M-1 (Light Manufacturing) Zone for a contractor’s storage yard in the MUD-3 Overlay District.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Landscaping; and

2) Full off-site improvements.

 

DESIGN REVIEWS for the following: 

 

1) Convert an existing single family residence into an office building; and

2) An outside storage yard. 

 

Generally located on the southwest corner of Pebble Road and El Camino Road within Enterprise (description on file).  SB/al/ml  (For possible action)

 

The M-1 zone district is not appropriate in this location.  The TAB considered the following:

·   The RNP-1 in on the north side of Pebble

·   Any change to land use in this area should be done in the major land use update.

·   If this land changes hands, other M-1 uses may not fit in the area.

·   Light industrial is not a good boarder to the RNP.

·   Approval could set a precedent along the south side of Pebble

 

The staff offered the following as way for this business to operate on this site. “If building were provided to allow inside storage the business could be allowed in the M-D zone and this would be a conforming zone change.”  Some outside storage would be allowed as an accessory use which would reduce the size of building required.  The placement of the new buildings would allow outsize storage behind them.

 

The applicant has provided a plan that complements the RNP neighborhood to the north. 

 

The TAB recommendations are tailored to allow the applicant to proceed in the direction suggested by the Staff.  If the TAB recommendation are approved the applicant would be able to establish their business in the MD zone district without the need to file another application.

 

4.      NZC-0138-13 – DALEY FAMILY TRUST, ET AL:

Motion was APPROVED as follows:

DENY Zone Change

APPROVE Waivers of Development Standards #s 1 & 2

DENY Waivers of Development Standards #3

ADD Public works condition:

   Street lighting to be fully shielded;

PER staff “if approved” conditions.

 

ZONE CHANGE to reclassify 20.0 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) Allow modifications to standard drawings for public street sections;

2) Reduce street intersection off-sets; and

3) Allow modified elevations.

 

Generally located on the north side of Frias Avenue, 1,200 feet east of Decatur Boulevard within Enterprise (description on file).  SB/pb/ml  (For possible action)

 

The TAB had two principle questions to make recommendations on.  First, is the non-conforming zone change appropriate for the area?  Second, should the waivers of development standards be granted?  The developer presentation concentrated on the second question not the first.  The zone change is the critical question.

 

The Staff analysis on the zone change is excellent and very helpful to the TAB’s understanding of the issues involved.

 

The TAB considered the following for the non-conforming zone change.

·   This area is planned for Business Design Research Park (BDRP)

·   The area present contains a large percentage of deed restricted land to commercial or industrial uses.

·   Residential use in business or industrial area discourages primary job creation.

·   This project would significantly influence the land use in the area.

·   Two significant land use changes requires the entire area be examined in the upcoming land use plan update

o        The significant increase the RNP-1 overlay

o        The possible removal or relaxation of deed restrictions.

·   The applicant did not provide compelling justification required

·   This application is a good example of spot zoning that will influencing the future area development.

·   Area resident are opposed to the density proposed.

 

The TAB opinion is the land uses in an area bounded by Decatur, Cactus, Valley View and Silverado Ranch must be evaluated in the upcoming major land use update.  Non-conforming zone changes in this area should not be approved until all stake holders can present their ideas in the major update hearings..

 

The Waivers of Development Standards to allow modified elevations is not appropriate for the area.  The current homes in the area are high end with extensive elevations.  Deviations for the current county standard would degrade the neighborhood and set a poor precedent for the area.

 

5.      VS-0124-13 – GRIMM NORTON 1, LLC:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Dean Martin Drive and Polaris Avenue, and between Conn Avenue (alignment) and Irvin Avenue in an R-3 (Multiple Family Residential) Zone within Enterprise (description on file).  SB/mc/ml (For possible action)

 

6.      VS-0130-13 – S & E INVESTORS, LLC, ET AL:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Rainbow Boulevard and the Union Pacific Railroad Tracks, and south of Mountains Edge Parkway in an R-3 (Multiple Family Residential) Zone within Enterprise (description on file).  SB/al/xx  (For possible action)

 

7.      VS-0132-13 – CACTUS & BERMUDA, LLC, ET AL:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Cactus Avenue and Frias Avenue and between Bermuda Road and La Cienega Street; and a portion of right-of-way being Placid Street located between Cactus Avenue and Rush Avenue; and a portion of right-of-way being Fairfield Avenue located between Cactus Avenue and Rush Avenue; and a portion of Cactus located between Bermuda Road and La Cienega Street in an R-E (Rural Estates Residential) (RNP-I) Zone within Enterprise (description on file).  SS/rk/ed  (For possible action)

 

8.      VS-0139-13 – DALEY FAMILY TRUST, ET AL:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Jo Rae Avenue and Frias Avenue, and between Decatur Boulevard and Arville Street in an R-E (Rural Estates Residential) Zone within Enterprise (description on file).  SB/pb/ed  (For possible action)

 

05/08/13 BCC

 

9.      DR-0120-13 – SOUTHWEST REALTY HOLDINGS, LLC:

APPROVED per staff conditions

 

DESIGN REVIEW for a vehicle (automobile) sales showroom facility with outside display areas and ancillary uses on 7.4 acres in a C-2 (General Commercial) Zone and a C-2 (General Commercial) (AE-60) Zone in the MUD-3 and CMA Design Overlay Districts.

 

WAIVER OF CONDITIONS of a zone change (ZC-1288-05) requiring incorporation of a pedestrian realm consistent to Title 30.48.  Generally located on the southwest corner of Roy Horn Way and Redwood Street within Enterprise.  SS/dg/ml  (For possible action)

 

10.    UC-0118-13 – MARY A. CRAMER – STEPNIAK REVOCABLE TRUST:

APPROVED per staff if approved conditions

 

USE PERMIT for a private recreation facility (zoo).

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Waive design standards for a temporary modular structure;

2) Reduced perimeter wall setback and waive street landscaping requirements;

3) Eliminate parking lot landscaping;

4) Reduced parking;

5) Eliminate the loading space;

6) Waive on-site paving; and

7) Waive full off-site improvements (including paving).

 

DESIGN REVIEW for a recreational facility (exotic animal displays and a modular structure) on 2.1 acres in an M-1 (Light Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on the northwest corner of Oleta Avenue and Mann Street, 300 feet south of Blue Diamond Road within Enterprise.  SB/rk/ml  (For possible action)

 

The applicant indicates the facility will not include large carnivores such as lions and tigers or large primates such as chimpanzees, nor are planned in the future. The purpose of Wild Adventures Zoo is the exhibition of exotic animals for the education and conservation of animals in a zoological manner.

 

There was no opposition to this application was present at the TAB.

 

The applicant has a business plan that indicates they will be able to meet the requirements in this application and bring the site up to the code over as the finances become available.  One factor in the TAB recommendation is the County paved Oleta within the last two weeks as part of legal settlement.  This provides paved access to the applicant’s site that was not in place when the applicant filed the application.

 

The one year review period will provide a look at the applicant’s progress.  If this project succeeds it will provide a facility for rescue animals.

 

11.    ZC-0136-13 – BRANDO HOLDINGS, LLC: 

         APPROVED per staff conditions

 

ZONE CHANGE to reclassify 0.6 acres from H-2 (General Highway Frontage) Zone to C-2 (General Commercial) Zone for an existing tavern in the MUD-2 Overlay District.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Provide alternative landscaping;

2) Screening roof mounted mechanical; and

3) Non-standard improvements within a right-of-way. 

 

Generally located on the south side of Blue Diamond Road, 200 feet east of Hinson Street within Enterprise (description on file).  SB/al/ml  (For possible action)

 

ADDITIONAL BUSINESS  NONE

 

PUBLIC COMMENTS  NONE

 

NEXT MEETING DATE:  May 1, 2013, 6:00 pm

 

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.