ENTERPRISE TAB WATCH

Results

July 31, 2013

 

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

 

Planning Commission 7:00 P.M., Tuesday, August 20, 2013.

Board of County Commissioners 9:00 A.M., Wednesday, August 21, 2013.

 

HOLDOVER/RETURNED APPLICATIONS will be heard on the date indicated.

 

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 July 10, 2013. 

 

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

 

Held by the applicant until August 14, 2013 TAB meeting

 

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

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

 

COMPANION ITEMS:

 

7.  VS-0397-13 – PHANTOM GROUP, LLC:

10.    WS-0396-13 – PHANTOM GROUP, LLC:

 

8.  VS-0407-13 - LEWIS INVESTMENT COMPANY OF NEVADA, LLC:

11.    ZC-0406-13 – LEWIS INVESTMENT COMPANY OF NEVADA, LLC:

 

PUBLIC COMMENTS:

 

 

ANNOUNCEMENTS:

 

ADDITIONAL BUSINESS

 

1.      Nominate a representative and an alternate from Enterprise to serve on the Community Development Advisory Committee (CDAC).  (For possible action)

 

The TAB nominated Peter Sarles as the primary representative and Adrian Shahbazian as the alternate representative.   APPROVED

 

2.      "EL DORADO - VALLEY VIEW LLC V. CLARK COUNTY, CASE NO. 61693:

 

That the Enterprise Town Advisory Board consider a settlement proposal in the case El Dorado - Valley View LLC v. Clark County, Case No. 61693 currently pending before the Nevada Supreme Court concerning property generally located on the northeast corner of the intersection of Valley View Boulevard and El Dorado Lane approximately one half mile west of Interstate 15; that the Town Advisory Board make a recommendation regarding the settlement proposal and consider other matters properly related thereto.  (For possible action)."  

 

The TAB recommended this case proceed to the Nevada Supreme Court.  APPROVED

 

The TAB was asked to review the current settlement offer between the applicant and the County.  Both sides made a presentation.  The information included:

 

   A brief history of the land use decisions that resulted in this legal action.

   Possible outcomes including and settling or proceeding to the Nevada Supreme Court

   The list of concessions suggested by the applicant.

   The Land use decisions and zoning decision are two separate legal actions.

   Answers to resident questions.

 

The TAB considered the following:

 

   Has the project significantly changed since it was originally proposed?

   Where alternative site plans being considered?

   Does the settlement now comply with the Enterprise land use Policy?

   Are the concessions put forward by the applicant enforceable or permanent?

   Has the bulk of the building and effect on the neighborhood significantly changed?

 

The TAB concluded the following:

   The owner is entitled to one of the zone districts specified by the land use plan.

   The applicant has not complied with the Enterprise land use policies for BDRP

   The applicant presented 21 conditions, only two affected the mass and bulk of the buildings

   19 conditions were cosmetic, not enforceable, or lacked a metric for implementation.

   The lower building heights did not significantly reduce the mass of a 500 ft. long building.

 

ZONING AGENDA:

 

08/06/13 PC

 

H-1.  NZC-0340-13 – USA:

Motion APPROVED as follows:

DENY Zone Change

DENY Design Review

PER staff if approved conditions with the following changes:

 

Current Planning

CHANGE Bullet # 1 to read:

·   Reduction to R-E for all APNs;

ADD

·   Single story houses required abutting APNs 177-29-301-021, 022, 024, 025 026, 027

 

Public Works Development Review

CHANGE bullet # 5 to read:

·   Right-of-way dedication to include 35 feet to back of curb for Pyle Avenue, 30 feet for Frias Avenue, 30 to 60 feet for Haleh Avenue; 30 to 60 feet for Polaris Avenue;

ADD

·   All street lights to be fully shielded.

·   Street lights at intersections only

·   Waive full off-sites along Pyle Avenue, Frias Avenue, Haleh Avenue and Polaris except for 32 ft. of paving unless required by drainage study

·   Execute a Restrictive Covenant Agreement (deed restrictions);

DELETE Bullet # 6

 

ZONE CHANGE to reclassify an 11.6 acre portion of an 80.0 acre parcel from R-E (Rural Estates Residential) Zone to R-1 (Single Family Residential) Zone and R-2 (Medium Density Residential) Zone for a single family residential development.

 

DESIGN REVIEWS for the following: 1) an R-1 zoned single family residential development on 4.6 acres; and 2) an R-2 zoned single family residential development on 7.0 acres.  Generally located on the north and south sides of Haleh Avenue, 300 feet west of Dean Martin Drive within Enterprise (description on file).  SB/al/ml  (For possible action)

 

The applicant presented a plan that was strongly opposed by resident in the area.  The plan presented had not been reviewed by the Staff prior to the TAB.  This plan reduced the number of lots planned and placed 10,000 sq. ft. lots next to the existing residents.  This lots were side loaded to the present residents backyards, reducing the set back to 10 feet.

 

The TAB had two principle questions on which to make recommendations.  First, is the non-conforming zone change appropriate for the area?  Second, is the design presented blend with the current residences? The developer presentation concentrated on the second question not the first.  The zone change is the critical question.

 

The proposed zone change has generated considerable negative comments from the adjacent home owners.  Their opinion is this area was originally planned for ˝ acre lots or larger and that is what they bought into.  Once the CMA deed restrictions were put into place this area was land use planned for a greater density.  Now that the airport noise line has been moved away from the area, there is a need to reexamine this area as a potential large lot community.

 

The Lewis investments plan is not well designed.  It places much smaller lots adjacent and abutting the current ˝ acre lots.  This is not good land use planning.

 

All of the existing homes in the area are single story.  The recommendation is any new development be limited to single story home abutting the current residents.

 

The TAB recommends that Polaris Avenue be dedicated.  All developed properties along the Polaris alignment in this area have been required to dedicate land for Polaris.  In the future Polaris will serve as one of the few north south roads in this area.

 

The TAB opinion is the land uses in an area bounded by Decatur, Cactus, I-15 and Silverado Ranch must be evaluated in the upcoming major land use update.  The expansion of the RNP-1 area and airport deed restrictions being eliminated must be factored into a new plan for the area.  Non-conforming zone changes in this area should not be approved until all stake holders can present their ideas in the major update hearings.

 

H-2.  NZC-0348-13 – DURANGO AGATE, LLC:

APPROVED per staff conditions and revised plans presented to the TAB

 

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 subdivision.  Generally located on the west side of Durango Drive and the north side of Agate Avenue within Enterprise (description on file).  sb/pb/ml  (For possible action)

 

The applicant presented a new plan that eliminated driveways exited on to Agate near Durango.  This satisfied the TAB’s concern with this project.  This change resulted in a 4 lot reduction from the original plan.  The developer worked with the TAB to eliminate a safety hazard.

 

08/06/13 PC

 

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

HELD by the applicant until August 14, 2013 TAB meeting

 

AMENDED HOLDOVER 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 (no longer required). 

 

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)

 

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

HELD by the applicant until August 14, 2013 TAB meeting

 

HOLDOVER 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)

 

08/20/13 PC

 

3.      TA-0383-13 – FLAMINGO LAS VEGAS PROPCO, LLC:

APPROVED per staff analysis for use not to exceed 10% and, with the comment that the approval applies to persons 18 years of age and over and the use be controlled by business licensing.

 

TEXT AMENDMENT to amend chapter 30.08, section 30.08.030 to modify the definition of a sex novelty shop.

 

The applicant states that the Las Vegas Strip has become a popular destination for bachelor and bachelorette party celebrations. As a result, many of the resort hotels have novelty stores that sell a variety of retail items including adult apparel and gifts. Currently, there is no distinction between a sex novelty shop and a store that sells a limited amount of adult novelty items. Rather than sending guests to the Adult Use Overlay area of Las Vegas, the applicant is proposing to allow for a limited amount of these items to be sold at a resort hotel.

 

Staff has concerns with a 35% allowance for this use. Due to the unique nature of resort hotels, a use of up to 10% may be appropriate.  The TAB agrees with the staff that the sue be limited to 10%.  Two other TAB concerns are the sales be limited to individuals 18 years and older. The next concern is the sales be governed through a business license.

 

4.      UC-0373-13 – ST ROSE PLAZA, LLC:

         APPROVED per staff conditions

 

USE PERMIT for a recreational facility (miniature golf) in conjunction with an existing shopping Center on 3.5 acres in a C-2 (General Commercial) Zone in the MUD-2 Overlay District.  Generally located on the northwest corner of St Rose Parkway and Bruner Avenue within Enterprise.  SS/al/ml  (For possible action)

 

The recreational facility is for a 36 hole indoor miniature golf course located in the eastern portion of the existing shopping center.  This will be an excellent addition to the area recreational activities.

 

5.      UC-0376-13 – RMB REAL ESTATE, LLC:

APPROVED per staff conditions and

ADD Current Planning condition:

·      Use Mountains Edge landscape palette.

ADD Public Works Development Review conditions:

·      Traffic study to examine impact of peak flows and queuing on the surrounding streets and mitigate the impact;

·      Pedestrian activated cross walks on Cactus and El Capitan Way;

·      All pole mounted lighting be fully shielded.

 

USE PERMITS for the following:

 

1) School; and

2) Day care facility.

 

DESIGN REVIEW for a school and day care facility including playground areas on 5.0 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the south side of Cactus Avenue and the west side of El Capitan Way (alignment) within Enterprise.  SB/dg/ml  (For possible action)

 

The applicant indicates that this request is for a K through 8 charter school with a small day care component. The proposed school is similar to other charter schools the applicant operates. The development will be completed in a single phase with a planned opening in August 2014.

 

According to the applicant, the school capacity is 1,000 students with approximately 100 students per grade level. The school hours are approximately 8:00 a.m. to 3:00 p.m. on weekdays. Occasionally, after school or night activities may occur. Site access during drop off and pick-up times will be primarily from El Capitan Way. Cars will circulate through the site in a double lane one-way pattern to an elongated zone designed for efficient student exit and entrance of vehicles.

 

This charter school will help relieve elementary and middle school overcrowding in the Mountains Edge area.

 

The TAB has two concerns with this project.  First is the vehicle queuing required to accommodate pick up and drop off in a school of this size.  Cactus is not currently fully built out and some other roads in the area are partially built.  The applicant has assured the TAB that the circulation planned into the site will handle the volume of traffic generated.  This assurance is based upon their experience at the other schools.

 

The second concern is to provide a safe crossing for children crossing Cactus Avenue and El Capitan Way.  Cactus is an arterial and El Capitan Way is Collector.  Both are expected to have a much heavery volume of traffic in the future.  The TAB added a condition for pedestrian activated crosswalks on Cactus and El Capitan Way.  The applicant was concerned with the potential crossing cost.  The TAB is concerned with providing a safe crossing.

 

This site is not within the Mountains Edge Master Plan.  The area across Cactus is within the master plan.  The question arose about using the Mountains Edge landscape and color palette to blend into the neighborhood.  The building is pictured with desert colors similar to the Mountains Edge palette.  The TAB did add a condition to use the Mountains Edge landscape palette.

One other condition the TAB added was for all pole mounted lighting to be fully shielded.

 

08/21/13 BCC

 

6.      UC-0321-12 (ET-0062-13) – YOUNGMARK PROPERTIES, LLC:

APPROVED per staff conditions and,

CHANGE Current planning Bullet #1 to read:

·2 years to review;

 

USE PERMIT FIRST EXTENSION OF TIME to review unscreened outside storage.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced setback;

2) Eliminate landscaping requirements; and

3) Off-site improvements

 

in conjunction with a temporary industrial storage yard on 2.5 acres in an M-1 (Light Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on the northwest corner of Ford Avenue (alignment) and Jones Boulevard within Enterprise.  SB/mc/ml  (For possible action)

 

This application was triggered by ZV-2454-12 an active zoning violation for the outside storage of equipment without permits on the property.  The applicant states that this request was triggered by the termination of a 25 year old lease for a previous storage area at Arville Street and Pioneer Avenue. 

 

The applicant has made progress toward property improvements.  The TAB has several concerns with this application:

 

·   Jones will be a major arterial when completed.

·   Established business in the area have installed landscaping and decorative walls

·   TAB does not consider jersey barriers and chain link fence appropriate for the area

·   Chain link fence and jersey barriers should be temporary

·   The use permit and waivers of development standards should not become permanent.

·   Two recent industrial application in the area required landscaping and decorative walls

 

The TAB’s intent with this application remains the same:

·   Protect the residential to the west.

·   Property to be developed consistent with other business along Jones Blvd.

·   Allow the applicant to remain in business.

·   Provide a schedule to measure progress.

 

TAB conclusions:

·   Until the final design for Jones Blvd. connection to Blue Diamond and Pebble is complete the off-site can be waived.

·   The TAB believes a two year review is appropriate to measure the progress toward eliminating the need for Use Permit and Waiver of Development Standards on this property and bring the property up to the standards used by other business along Jones Blvb.

 

 

7.      VS-0397-13 – PHANTOM GROUP, LLC:

         APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between the 215 Beltway and Maule Avenue, and between Schirlls Street (alignment) and Hinson Street in an R-E (Rural Estates Residential) (RNP-I) Zone and an R-E (Rural Estates Residential) (RNP-I) (AE-60) Zone within Enterprise (description on file).  SS/gc/ml  (For possible action)

 

8.       VS-0407-13 - LEWIS INVESTMENT COMPANY OF NEVADA, LLC:

APPROVED per staff conditions

 

VACATE AND ABANDON a portion of right-of-way being Tee Pee Lane located between Blue Diamond Road and Serene Avenue in an H-2 (General Highway Frontage) Zone and an R-E (Rural Estates Residential) Zone in the MUD-3 Overlay District within Enterprise (description on file).  SB/al/ed  (For possible action)

 

9.      WS-0321-13 – ASSEMBLIES GOD LOAN FUND:

APPROVED per staff “If Approved” conditions and,

ADD "If Approved" Public Works conditions:

·      Waive full off-sites on Fairfield except for 32 ft. of paving and Erie except current paving.

·      Waive street lighting on Bermuda except at the intersection of Bermuda and Erie.

 

AMENDED HOLDOVER WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduce lot area (no longer needed); and

2) Waive off-site improvements along Erie Avenue and Bermuda Road (not previously notified)

 

in conjunction with a single family residential development on 5.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the south side of Erie Avenue and the west side of Bermuda Road within Enterprise.  SS/dg/ml  (For possible action)

 

The applicant has worked with the neighbors and the TAB to redesign their project.  The new plan includes 8 lots which meet title 30 standards.  The waiver for reduced lot size is no longer needed.  

 

The neighbors requested that the perimeter streets be developed to rural street standards. Therefore, the applicant is proposing to construct pavement only along the frontage of the site to reflect rural street development within the RNP area.

 

The TAB recommends Fairfield be developed with 32 ft. of paving on center line and no other off sites.  Erie to use the existing pavement from the western property line to Bermuda.  This provides the transition to rural standards used to the west of this property. The only addition along Erie should be the addition of landscaping.  Bermuda has been developed with full paving, curb, and gutter.  The TAB recommends fully shielded lighting at Bermuda and Erie for safety.         No other street lighting on Bermuda south of Erie along the RNP-1 broader.  All other off-sites must be installed along Bermuda.

 

The applicant questioned the need for a restrictive deed covenant.  The purpose for this covenant was explained.  It is attached to majority of deeds where the offsites are not fully built out.  It is one of the ways the county can make roads improvements in the future if the need arises.

 

10.    WS-0396-13 – PHANTOM GROUP, LLC:

APPROVED per staff “if approved” conditions

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduced lot size;

2) Reduced street intersection off-set;

3) Waive off-site improvements (curb, gutter, sidewalk, streetlights, and reduced paving); and

4) Allow non-standard street improvements

 

in conjunction with a proposed single family residential subdivision on 12.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone and an R-E (Rural Estates Residential) (RNP-I) (AE-60) Zone.  Generally located on the west side of Hinson Street and the north and south sides of Pamalyn Avenue (alignment) within Enterprise.  SS/gc/ml  (For possible action)

 

The neighborhood meeting was well attended for this project.  After hearing the presentation the neighbors had no objections.

 

The TAB opinion is one lot 365 ft. below the 20,000 standard is not sufficient reason to deny the Waiver of Development Standards #1.  This reduction requires no off set waivers.

 

Maule in this area is not a true collector.  It is shown as a collector from Arville to Valley View on the Master Transportation Map.   It is blocked in the west by the UPRR tracks and in the east by 215/I-15 interchange.  It is not likely that Maule would bridge either of these obstacles.  Maule should be downgraded to a local street on the Master Transportation Map along with Arville north of Warm Springs.  A drive along Maule revealed, the only section of Maule that is full developed is the north side adjacent to the water reservoir.  This seems to be an expense the county did not need to make.  The south side is developed to rural standards.  There are no other offsites developed in the area.

 

11.    ZC-0406-13 – LEWIS INVESTMENT COMPANY OF NEVADA, LLC:

APPROVED per staff conditions

 

ZONE CHANGE to reclassify 20.1 acres from H-2 (General Highway Frontage) Zone and R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a single family residential development in the MUD-3 Overlay District.

 

WAIVER OF DEVELOPMENT STANDARDS to increase cul-de-sac length.  Generally located on the southwest corner of Chieftain Street (alignment) and Blue Diamond Road within Enterprise (description on file).  SB/al/ml  (For possible action)

 

The staff report questioned the placement of driveways too close to Blue Diamond Rd. road for safety.  The applicant is working with Public Works to resolve this problem.  The applicant maybe require to complete Serene Ave. and Park St. to provide for traffic circulation in the area.

 

PUBLIC COMMENTS

 

            Citizen presented a letter, map and petition they received from DR Horton.  The purpose of this letter is to obtain signatures supporting a DR Horton project east of Rainbow and Mountains Edge Pkwy.  The letter and map does not provide an accurate land use or project description.  It appears this is a mass mailing to households to generate a significant number of favorable signatures.  Few, if any of these households are adjacent or in close proximity to the project.

 

NEXT MEETING DATE:  August 14, 2013, 6:00 pm

 

ADJOURNMENT: 

 

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.