ENTERPRISE TAB WATCH

Results

August 28, 2013

 

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

 

Planning Commission 7:00 P.M., Tuesday, September 17, 2013.

Board of County Commissioners 9:00 A.M., Wednesday, September 18, 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 August 14, 2013.  APPROVED

 

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

 

Companion items:

 

4.  VS-0461-13 – VILLAGE AT LAS VEGAS BLVD, LLC:

5.  ZC-0460-13 – VILLAGE AT LAS VEGAS BLVD, LLC, ET AL:

 

Held by the applicant to the September 25, 2013 TAB meeting:

 

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

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

 

PUBLIC COMMENTS:  NONE

 

ANNOUNCEMENTS:  NONE

 

ADDITIONAL BUSINESS

 

·        Update on budget requests from prior fiscal year. (for possible action)

 

• Build out Cactus from Las Vegas Blvd to Fort Apache.

Cactus will be built out from Maryland Pkwy to Rainbow in the next 2 to 5 years. We will look at the section west of Rainbow which is not part of the Mountains Edge in development of future CIPs.

• Four-way stop at Robindale and Haven.

Robindale and Haven will be studied for an all way stop.

• Complete the intersection at Jones and Blue Diamond

The completion of Jones north of Blue Diamond is on the CIP for FY 2016 through FY 2019

• Upgrade traffic control device at Robindale and Placid

What traffic control device needs to be upgraded at Robindale and Placid?

• Align traffic lanes at Cactus and Bermuda

We are looking at the intersection of Cactus and Bermuda to align the lanes. However, build out is addressed above.

• Enterprise Community Center

• Enterprise Senior Center

• Neighborhood park in the vicinity south of Blue Diamond, north of Cactus, west of Decatur, and east of Jones.

 

The FY 2014 Capital Improvement Program was accepted by the Board July 16th.

Unfunded projects in:

 

Park District 2 included Silverado Ranch Park Phase II ($24,475,630) which consisted of a 45,000 sq. ft. recreation/senior center and renovations of existing park.

 

Park District 4 unfunded projects included parks at Cactus and Torrey Pines, Riley and Ford, Le Baron and Rainbow, Pyle and Jones, Pyle and Lindell among others. The entire plan can be viewed on the Clark County Intranet site under Finance (a very large file).

 

·   Discuss and take public input regarding funding capital budget requests for upcoming fiscal year. (for possible action)

 

TAB input:

•   Complete the intersection at Jones and Blue Diamond

•   Enterprise Community Center

•   Enterprise Senior Center

•   Build out Cactus from Buffalo to Durango

Public input:

·Complete the Durango Drive intersection.  Only 1 of 7 entrances to Mountains Edge from Blue Diamond Road is fully built out.

 

ZONING AGENDA:

 

09/17/13 PC

 

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

 

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)

 

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

 

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)

 

09/17/13 PC

 

1.      UC-0463-13 – WESTGATE RESORTS, LTD:

         DENIED

USE PERMIT for a vehicle rental facility

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Increased number of vehicles for rent; and

2) Reduced parking

 

in conjunction with a commercial building on 2.4 acres in a C-1 (Local Business) Zone.  Generally located on the northeast corner of Gilespie Street and Warm Springs Road within Enterprise.  SS/gc/ml  (For possible action)

 

The plans show a 4,449 square foot lease space proposed as the vehicle rental facility. The lease space consists of a lobby, sales desk, offices, storage rooms, and restrooms. The overall building is 18,548 square feet with the remaining areas consisting of a 3,837 square foot convenience store and vacant lease spaces.  The TAB used the following criteria to evaluate this application.

 

A use permit is a discretionary land use application that is considered on a case by case basis in consideration of Title 30 and the Comprehensive Plan. One of several criteria the applicant must establish is the use is appropriate at the proposed location and demonstrate the use shall not result in a substantial or undue adverse effect on adjacent properties.

 

The TAB determined there are several business currently occupying the building.  The applicant representative lead the TAB to believe the building was vacant except for convenience store.  The intent is to control the entire building including the convenience store.  The adjacent business owner gave the TAB a rundown of the business currently operating in this location.  The applicant could not provide the current tenant’s lease status.

 

The applicant suggested a condition to specify the spaces not used for the rental car facility could not be leased.  Who can lease a property is not a land use item and as a result is not enforceable. The land use comes into play when a use permit is required.

 

Title 30 currently allows only 5 vehicles for rent when there are other collocated businesses.  It appears the intent is to force all the other tenants out to increase the number rental vehicles above 5.  It was pointed out that it would be difficult to enforce the maximum number of vehicles allowed.  Some of the vehicles would be offsite at any time making the vehicle count difficult.

 

The owner of this property have opposed land use applications by the adjacent car rental agency trying to obtain permission to install business sign on Gilespie.

 

The TAB determined the application conditions would be difficult to enforce, would cause adverse effects on the current tenants and adjacent businesses.  Given the misrepresentation of the current tenant lease status, the use permit is discretionary, the large waiver required and enforcement difficulties, the TAB recommend denial. 

 

One item not discussed is will the vehicles be serviced on or off the property?  This would not be allowed under the requested use permit.

 

 

09/18/13 BCC

 

2.      UC-0271-11 (ET-0073-13) – ROJUSA, LLC:

HELD until the September 11, 2013 TAB meeting, no applicant

USE PERMIT FIRST EXTENSION OF TIME to reduce the setback from a service station to a residential use.

 

DESIGN REVIEW for a convenience store/service station and a car wash facility on a portion of 1.8 acres in a C-2 (General Commercial ) (AE-60) Zone.  Generally located on the east side of Decatur Boulevard and the north side of Silverado Ranch Boulevard within Enterprise.  SB/co/ml  (For possible action)

 

3.      ZC-0736-09 (ET-0074-13) - NEVADA SENIOR HOLDINGS, LLC:

HELD until the September 11, 2013 TAB meeting, no applicant

 

ZONE CHANGE SECOND EXTENSION OF TIME to reclassify 5.2 acres from R-E (Rural Estates Residential) Zone and C-2 (Commercial General) Zone to U-V (Urban Village – Mixed Use) Zone in the MUD-4 Overlay District for a mixed use development.

 

USE PERMITS for the following:

 

1) A congregate care facility; and

2) Increase building height.

 

DESIGN REVIEWS for the following:

 

1) A mixed use development consisting of residential, congregate care, commercial, and open space; and

2) A manmade decorative water feature. 

 

Generally located on the north side of Jeffreys Street/Ione Road, 500 feet west of Eastern Avenue within Enterprise (description on file).  SS/bk/ml  (For possible action)

 

4.      VS-0461-13 – VILLAGE AT LAS VEGAS BLVD, LLC:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Las Vegas Boulevard South and Giles Street, and between Silverado Ranch Boulevard and Le Baron Avenue in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District within Enterprise (description on file).  SS/pb/ed  (For possible action)

 

5.      ZC-0460-13 – VILLAGE AT LAS VEGAS BLVD, LLC, ET AL:

APPROVE per staff conditions and,

ADD Current Planning conditions:

·         Establish perpetual cross access with businesses to the south;

·         Design Review as a Public Hearing for Lighting and Signage.

 

ZONE CHANGE to reclassify 13.9 acres from H-1 (Limited Resort and Apartment) Zone to C-2 (General Commercial) Zone in the MUD-1 Overlay District.

 

WAIVER OF DEVELOPMENT STANDARDS to allow modified landscaping standards.

 

DESIGN REVIEW for a shopping center.  Generally located on the east side of Las Vegas Boulevard South and the south side of Silverado Ranch Boulevard within Enterprise (description on file).  ss/pb/ml  (For possible action)

 

This is a good project for this location.  The waiver of development standards is for reduced landscape width adjacent to an arterial street (Silverado Ranch Boulevard) to 10 feet with an existing attached sidewalk where 15 feet is required.  The waiver applies to one landscape section in front of the propose convenience store and gas pumps.  This was done to accommodate a smog check kiosk between the gas pumps and landscape along Silverado Ranch.  The other kiosk location, alongside the convenience store, could result in a queue that would block fuel tanker access.

 

Lighting and signage was not part of the application.

 

The TAB added the condition for cross access to the south to increase connectivity between businesses along Las Vegas Blvd.

 

The need for the Silverado Ranch center line barrier to be extended to Giles was discussed.  Currently drivers are going against traffic to go around the barrier.  Extending the barrier to Giles would increase traffic safety along Silverado Ranch.

 

6.      ZC-0467-13 – ROOHANI KHUSROW FAMILY TRUST, ET AL:

APPROVE Zone Change per staff condition with following changes;

APPROVE Waivers of Development Standards 1, 2, 3, and 4a;

DENY Waivers of Development Standards 4b;

APPROVE Design Review

CHANGE Public Works - Development Review bullet #3 to read:

·         Right-of-way dedication to include 35 to 40 feet to back of curb for Lindell Road, 45 to 50 feet to back of curb for Silverado Ranch Boulevard, 30 feet for Gary Avenue and associated spandrel;

ADD Public Works - Development Review condition:

·         Street lighting  to be fully shielded;

 

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) Increased building height;

2) Alternative landscaping;

3) Increased wall height; and

4) Non-standard off-site improvements.

 

DESIGN REVIEW for a single family residential development.  Generally located on the northeast corner of Lindell Road and Silverado Ranch Boulevard within Enterprise (description on file).  SB/al/ml  (For possible action)

 

This application is standard America request for their product. 

 

The application has significant negative impact on the surrounding neighborhood.  The northern parcel is adjacent to A Clark County School District (CCSD) elementary school reservation.  The access points to the school site are being reduced by not requiring right-of way being dedicated for local roads. One site access point was removed by the Mohawk alignment vacation at Silverado Ranch.  This application, if approved, as presented would remove a second access to the school site from Lindell.

 

CCSD solution to the deleted access is to move the current school reservation 330 ft. north making Richmar the primary access.  A land swap with the County is required to implement this solution.  This would eliminate the RL land use buffer for the RNP-1 to the north.  This solution is strongly opposed by the RNP-1 residents

 

The TAB solution is the dedication of Gary Ave. from Lindell from the west and from Edward to the east. With these two access roads in place CCSD could construct an interior road network to flow traffic around their school.  This solution would not require the land swap.  It would help the traffic load in the RNP-1 created by the elementary school.  This solution would cost the developer two houses without major changes to neighborhood land use.

 

One of the applicants arguments to not dedicate Gary Ave, is it was not required by Public Works.  The TAB experience is public works will defend the arterials and collectors on the master transportation plan.  However, there is no guidance or support provided on the local streets especially when there is Clark Count agency reservation that requires access by local streets or alignments.

 

The TAB weighed the developers two house loss to the Gary Ave. right-of-way against the upset to neighborhood planning and build out.  The decision was Gary right-of way dedication is necessary for neighborhood development.

 

The premature street alignment vacations have caused the loss of or redesign CCSD schools sites.  The TAB does not receive staff analysis to justify the street alignments removal.  Instead, the TAB is presented with the two conditions:

 

Public Works

Staff has no objection to the vacation of patent easements that are not necessary for site, drainage or roadway development.

 

Fire Department

This department has no objection to vacating streets/roads and/or easements that are not needed for fire/emergency vehicle access.

 

These conditions are essentially meaningless without staff analysis.   Many applications reviewed by the TAB, the area is not sufficiently developed to determine which street alignments are required for fire/emergency vehicle access and road development.  The result is the road alignments should not be vacated.

 

The TAB has become the de facto recommending body for local roads.

 

In this application Gary Ave. is needed to support the CCSD reservation and prevent disruption to the neighborhood. 

 

ADDITIONAL BUSINESS

 

TAB to consider recommendation for a change to Title 30.52.080.d.2 Improvement Requirements for a Minor Subdivision. (for possible action)

 

APPROVED

Motion to authorize the Chair to write a letter on the subject of this agenda item to be reviewed by the Board at the next meeting

 

PUBLIC COMMENTS

1.  Question from the public about the notification cards requirements.

The cards must be mailed 10 days prior to the Planning Commission or Zoning Commission meetings; not the TAB meeting.  The application type required determines the 500 to 1500 foot surrounding coverage area.

 

2.  A TAB member commented on the lack of information on roads, county site reservation, hillside ordinances for the open space areas in Enterprise. This makes it difficult to make recommendations on non-conforming zone changes.

 

3.  The county liaison announced that a different approach to working through the many non-conforming zone change neighborhood meetings will be tried on Spring Valley.  Two separate open-house type meetings will be held with half the applications being presented at each meeting.

 

4.  Question from the public about the master plan review public meetings. 

•   The meeting process will begin in the fall

•   There will be an open house (tentative date October 3, 2013)

•   Staff review of the plan

•   Perhaps a second open house

•   Public meetings at the TAB, Planning Commission and Board of County Commissioners,  Finished  June 2014.

 

NEXT MEETING DATE:  September 11, 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.