16

16. NZC-0539- 13- SAC II, LLC. ET AL:

DENIED per staff "if approved" conditions.

ZONE CHANGE to reclassify 15.0 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone.

DESIGN REVIEW for a single family residential development. Generally located on the south side of Windmill Lane and the east side of Lindell Road within Enterprise (description on file). SB/dg/ml (For possible action)

The residents are strongly opposed to this application.

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

This project at first glance appears to meet the current standards for buffering the RNP. There is 10,000 sq. ft. lot along Mistral Ave. and smaller lot behind. The lot size is smaller than the current desired size, 3300 Sq. ft. vs. 4000 sq. ft.

The residents are concerned with the increased density, increased traffic, effects on the schools and effect on the RNP. The resident would rather see business part or similar facility in this location. One factor that caught the attention of the TAB is condor breeding facility within the RNP. This is the only facility of its kind in the United States. The owner is concerned that the increased traffic and density would adversely affect his operation and the birds’ ability to breed. He also believes that the current emphasis on exotic animals would prevent him from relocation anywhere else in the county.

The TAB opinion is there are special circumstances in and around this RNP. That needs to be examined before any zone change is made around this RNP.

The residents should also look at accomplishing the following:

· Mistral developed to rural standards

· Traffic plan for the RNP

· Lindell reduced to a local road

17. NZC-0564-13 - 5090 MARY PARK, LLC:

Motion for:

APPROVE

· Zone Change

DENY

· Design Review

Per staff "if approved" conditions

APPROVED

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone.

DESIGN REVIEW for a single family residential development. Generally located on the south side of Windmill Lane and the east side of Jones Boulevard within Enterprise (description on file). SB/pb/ml (For possible action)

This corner is becoming residential with American West as the owner and developer on three of the four corners. The approval of the zone change and denial of the design review allows the applicant to work with the County on an acceptable solution. The TAB agrees with following staff analysis and is the basis for the TAB recommendation.

The plans show the project being developed as a stand-alone residential subdivision with access to Windmill Lane. Policy 4.2 of the land use plan states that when property is subdivided for residential purposes, the end parcels located at major intersections should be a part of the residential subdivision and be required to receive their access from within the subdivision and should not have vehicular access to collector or arterial streets. The proposed design conflicts with that policy. If the requested zoning was approved the development should be connected to the adjacent single family residential subdivisions to the east and south. The developer for the 2 projects is the same and it is early enough in the process to modify the design to conform to Policy 4.2. There are 13 lots depicted on the plans for this development and 7 lots on the adjacent development to the east backing up to this site for a total of 20 lots. The applicant could redesign this project with the adjacent project to the east and create a cul-de-sac similar to the development to the south and maintain the same number of lots.

Public Works - Development Review

Public Works staff believes the proposed design of this project does not work in many ways. First of all, the departure distance from the intersection to the driveway is too small; staff has concerns that this will cause issues with the traffic safety of the intersection. Secondly, a waiver of development standards for the location of the driveway for Lot 1 is needed, such waiver we would not support due to the proximity of the driveway to an arterial street. Also, a bus stop turnout is needed along Windmill Lane at the same location where the entrance to this development is being proposed. There is not enough room for a bus stop turnout and an entrance to the development along Windmill Lane.

18. NZC-0563-13 -ROOHANI KHUSROW FAMILY TRUST, ET AL:

APPROVED per staff conditions

ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone in the CMA Design and MUD-3 Overlay Districts.

DESIGN REVIEW for a single family residential development. Generally located on the west side of Torrey Pines Drive and the south side of Arby Avenue (alignment) within Enterprise (description on file). SS/dg/ml (For possible action)

No builder associated with this development. The plans present by the applicant are American West Plans obtained during previous business dealings. At the TAB hearing the American West representative clearly state that they are not associated with this application. It appears that this project is highly speculative and will likely change in the future.

19. NZC-0571-13 - TERRA AERO, LLC. ET AL:

APPROVED per staff conditions

ZONE CHANGE to reclassify 10.2 acres from C-2 (General Commercial) Zone to R-2 (Medium Density Residential) Zone in the CMA Design and MUD-3 Overlay Districts.

DESIGN REVIEW for a single family residential development. Generally located on the west side of Jones Boulevard and the south side of Badura Avenue within Enterprise (description on file). SS/dg/ml (For possible action)

20. NZC-0578-13 - ROOHANI KHUSROW FAMILY TRUST. ET AL:

DENIED per staff “if approved” conditions and

ADD Current Planning ‘if approved” condition:

• Density limited to 5 units per acre.

ZONE CHANGE to reclassify 5.6 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone in the MUD-3 Overlay District.

DESIGN REVIEW for a single family residential development. Generally located on the east side of Rainbow Boulevard and the north side of Torino Avenue within Enterprise (description on file). SB/pb/ml (For possible action)

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

At the current time there is no compelling justification to rezone this land. The parcel to the east is currently planned for Residential Suburban and is owned by the BLM. Until that land is sold and the actual use determined it is too early for a non-conforming zone change. This acreage could be combined with the eastern parcel for either residential or commercial.

21. NZC-0577-13 -ROOHANI KHUSROW FAMILY TRUST, ET AL:

DENIED 5-0 per staff “if approved” conditions and,

ADD Current Planning “if approved” condition:

· Density limited to 5.7 units per acre.

ZONE CHANGE to reclassify 7.4 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone.

DESIGN REVIEW for a single family residential development. Generally located on the east side of Rainbow Boulevard and the south side of Cougar Avenue within Enterprise (description on file). SB/pb/ml (For possible action)

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

At the current time there is no compelling justification to rezone this land. Current this southeast corner has 10 acres planned for commercial neighborhood. The approval of the zone change would leave one 2 ½ acre parcel on the corner. The parcel has been nominated for the Fall BLM land sale and there is no guarantee that the successful bidder will want a residential project. This site should be planned as a 10 acre parcel which could be commercial or residential. This application does not lend itself to a cohesive neighborhood.

22. NZC-0590-13 - HEWELL 03 IRREV BUSINESS TRUST, ET AL:

HELD by the applicant until the November 13, 2013 TAB meeting

ZONE CHANGE to reclassify 51.9 acres from R-E (Rural Estates Residential) Zone and H-2 (General Highway Frontage) Zone to R-2 (Medium Density Residential) Zone in the MUD-3 Overlay District.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Allow alternative landscaping; and

2) Off-site improvements.

DESIGN REVIEW for a single family residential development. Generally located on the south side of Pebble Road between Rainbow Boulevard and Torrey Pines Drive within Enterprise (description on file). SB/pb/ml (For possible action)

23. NZC-0583-13 - BLUE MANN, LLC. ET AL:

DENIED per staff “if approved” conditions and,

ADD Current Planning “if approved” conditions:

· Density limited to 6.4 units/acre

· Provide an intense landscape buffer adjacent to any commercial and industrial property.

· Provide a separate notice to inform potential residents of the restricted covenants financial impact including a current dollar estimate for full off-sites.

· No lots to access Pebble

ZONE CHANGE to reclassify 9.4 acres from R-E (Rural Estates Residential) Zone and H-2 (General Highway Frontage) Zone to R-2 (Medium Density Residential) Zone in the MUD-3 Overlay District.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Allow proposed single family residential lots to have direct access onto an arterial street (Pebble Road); and

2) Off-site improvements.

DESIGN REVIEW for a single family residential development. Generally located on the south side of Pebble Road (alignment), 300 feet east of Torrey Pines Drive within Enterprise (description on file). SB/pb/ml (For possible action)

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

The cumulative impact of numerous small projects will have a significant impact on the need for schools; require creation of primary job opportunities; conveniently located retail/commercial, roads and public facilities.

This project is proposed in an industrial area. If approved could change the character of the area by driving the industrial out. Enterprise is badly in need of locations for primary job creation. Changing this area to residential would further reduce job opportunities.

At present Pebble is an arterial road. The final build out cannot be determine until the Pebble/Jones connection design is finalized and the types of business the Pebble need to support. In no circumstance should any residential directly front on to an arterial.

If approved this property must provide the intense landscape buffet to the remaining industrial.

The TAB added the condition for the density to be restricted to no more than 6.4 units/acre. TAB reasoning is the schools are overcrowded and each new residential project will add to that overcrowding. Any increase in density for this project should require a public hearing due to the effect on public services.

If Pebble is developed as the applicant has requested, it will place an undue financial burden on buyers along Pebble. The restricted convent would require them to pay for the full Pebble off-sites when required by the County. The TAB believes most home owner cannot afford this expense and should be made aware if that expense before they purchase.

24. NZC-0553-13 - WINDMILL DURANGO OP. LLC. ET AL:

HELD to the October 30, 2013 TAB meeting per agreement of the applicant to meet with the neighbors.

ZONE CHANGE to reclassify 38.6 acres from R-E (Rural Estates Residential) (RNP-D Zone, R-E (Rural Estates Residential) Zone under resolution of intent to CRT (Commercial Residential Transition) Zone, and C-1 (Local Business) Zone to R-E (Rural Estates Residential) Zone and R-2 (Medium Density Residential) Zone.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Reduced lot area; and

2) Allow an over-length dead-end street.

DESIGN REVIEWS for the following:

1) A single family residential development; and

2) A parking lot in a C-1 (Local Business) Zone.

Generally located on the south side of Windmill Lane and the east side of Durango Drive within Enterprise (description on file). SB/pb/ml (For possible action)

25. VS-0554-13 - WINDMILL DURANGO OP, LLC, ET AL:

HELD to the October 30, 2013 TAB meeting per agreement of the applicant to meet with the neighbors.

VACATE AND ABANDON portions of rights-of-way being dedicated driveway curb returns between Durango Drive and Lisa Lane (alignment) and Windmill Lane and Camero Avenue within Enterprise (description on file). SB/pb/ml (For possible action)

26. NZC-0567-13 - OMNI FAMILY, LP, ET AL:

APPROVED per staff conditions and,

ADD Current Planning conditions:

• Lots along southern boundary, lots 24 – 30 per plans submitted, limited to two story or 29 feet in height whichever is first.

• Limit density to 6.4 units per acre

ZONE CHANGE to reclassify 10.2 acres from R-E (Rural Estates Residential) Zone and C-2 (General Commercial) Zone to R-2 (Medium Density Residential) Zone.

DESIGN REVIEW for a single family residential development. Generally located on the south side of Warm Springs Road and the west side of Pioneer Way within Enterprise (description on file). SS/dg/ml (For possible action)

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

The BCC has approved a number of residential projects along Buffalo. Buffalo south of Warm Spring is transiting from a commercial corridor to residential corridor. This project continues that transition

At the neighborhood meeting the applicant agreed to limit the home along the southeast edge to two stories. The TAB added the condition of lots 24 to 30 be two story home not to exceed 29 ft. (tallest two model).

27. NZC-0586-13 - ELIOT HOLDINGS, LLC:

APPROVED per staff conditions

ZONE CHANGE to reclassify 10.0 acres from C-2 (General Commercial) Zone to R-2 (Medium Density Residential) Zone.

WAIVER OF DEVELOPMENT STANDARDS for modified street standards in accordance with Clark County Uniform Standard Drawings.

DESIGN REVIEW for a single family residential development. Generally located between Warm Springs Road and Eldorado Lane, 350 feet east of Buffalo Drive within Enterprise (description on file). SS/dg/ml (For possible action)

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

28. VS-0587-13 - ELIOT HOLDINGS, LLC:

APPROVED per staff conditions

VACATE AND ABANDON easements of interest to Clark County located between Warm Springs Road and Mardon Avenue, and between Buffalo Drive and Pioneer Way within Enterprise. (description on file). SS/dg/ml (For possible action)

29 NZC-0572-13 - USA:

Motion for:

APPROVED

· Zone Change

· Waiver of Development Standards

· Design Review

Per staff conditions and,

ADD Public Works conditions:

• Street lights to be fully shielded.

• Reduced paving on Camero not to exceed 32 ft.

APPROVED

ZONE CHANGE to reclassify a 14.8 acre portion of a 70.0 acre parcel from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a single family residential development.

WAIVER OF DEVELOPMENT STANDARDS for off-site improvements (curb, gutter, sidewalk, streetlights, and reduced paving) for Camero Avenue.

DESIGN REVIEW for a single family residential development. Generally located between Shelboune Avenue and Camero Avenue, 350 feet east of Buffalo Drive within Enterprise (description on file). SB/al/ml (For possible action)

The TAB position on the non-conforming zone changes was based upon answering the following:

· What significant changes have occurred in the neighborhood to compel this application?

· What is the cumulative effect of the numerous non-conforming zone changes on neighborhood and public services?

· Does the non-conforming zone change significantly alter the land use plan?

· Has the applicant met the Title 30 compelling justification?

This site was released by CCSD as no longer needed for a school due to the lack of access roads. The applicant has designed a site that complies with the current BCC standards for buffering an RNP. Part of their BLM land purchase is in the RNP. That section will be built to RNP standards.

The TAB recommends the Waiver of Development Standards be granted for Camero. To the west of this site Camero has been constructed to rural standards with homes facing the street. This has worked well as a RNP buffer. The TAB saw some ambiguity in the public works conditions and as a result added the condition for Camero not to exceed 32 feet of paving.

The TAB has consistently recommend fully shielded street lights around and in the RNP areas.

30. NZC-0584-13 - ROOHANI KHUSROW FAMILY TRUST:

APPROVED 5-0 per staff conditions and,

ADD a Current Planning condition:

• Density not to exceed 6.1 units per acre.

ZONE CHANGE to reclassify 2.3 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone for a single family residential development.

DESIGN REVIEW for a single family residential development. Generally located on the south side of Windmill Lane, 500 feet east of Buffalo Drive within Enterprise (description on file). SB/al/ml (For possible action)

The TAB added the condition for the density to be restricted to no more than 6.1 units/acre. TAB reasoning is the schools are overcrowded and each new residential project will add to that overcrowding. Any increase in density for this project should require a public hearing due to the effect on public services.

31. NZC-0538-13 -MEHDIABADI PARVEZ:

APPROVED per staff conditions

ZONE CHANGE to reclassify 1.9 acres from R-E (Rural Estates Residential) Zone to C-1 (Local Business) Zone for a retail center.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Landscaping and screening; and

2) Allow access to a residential local street.

DESIGN REVIEW for a retail center. Generally located on the southwest corner of Santoli Avenue and Rainbow Boulevard within Enterprise (description on file). SS/al/ml (For possible action)

11/05/13 PC

32. UC-0574-13 - WHITTON CORPORATION: USE PERMIT for a place of worship.

APPROVED per staff conditions

WAIVER OF DEVELOPMENT STANDARDS to reduce parking in conjunction with an existing office building on 1.1 acres in a C-P (Office & Professional) (AE-65) Zone in the MUD-2 Overlay District. Generally located on the west side of Dean Martin Drive, 330 feet north of Robindale Road within Enterprise. SS/mk/ml (For possible action)

The TAB questioned the parking waiver. The applicant indicated the seating capacity is limited to 70 seats which would limit the required parking.

33. WS-0591-13 -DISTINCTIVE HOMES VALLEY VIEW, ET AL:

HELD by the applicant until the October 30, 2013 TAB meeting

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Reduce lot size;

2) Allow an over-length cul-de-sac; and

3) Waive uniform standard drawings.

DESIGN REVIEW for a single family residential subdivision on 5.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the northeast corner of Arby Avenue and Hinson Street within Enterprise. SS/mk/ml (For possible action)

11/06/13 BCC

34. ZC-0535-13 - CALABRESE REVOCABLE LIVING TRUST, ET AL:

HELD by the applicant until the October 30, 2013 TAB meeting

ZONE CHANGE to reclassify 0.6 acres from R-E (Rural Estates Residential) Zone to C-2 (General Commercial) (AE-65) Zone for a parking lot.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Reduced street landscaping (Warm Springs Road);

2) Modified parking lot landscaping requirements;

3) Permit an existing and proposed chain link security fence to remain;

4) Waive trash enclosure requirements; and

5) Off-site improvement requirements (Windy Street).

DESIGN REVIEW for a parking lot on 1.3 acres in a C-2 (General Commercial) Zone in conjunction with a proposed motorcycle rental and an existing vehicle (automobile) sales business. Generally located on the northeast corner of Warm Springs Road and Windy Street within Enterprise (description on file). SS/mk/ml (For possible action)

10/15/13 PC

(HOLDOVER ITEM)

35. UC-0500-13 – ANDERSON LAS VEGAS, LLC:

APPROVED per staff conditions

USE PERMIT for second hand sales within an existing shopping center on a portion of 1.2 acres in an H-1 (Limited Resort and Apartment) Zone and an H-1 (Limited Resort and Apartment) (AE-60) Zone in the MUD-1 Overlay District. Generally located on the east side of Las Vegas Boulevard South, 500 feet north of Robindale Road within Enterprise. SS/gc/ml (For possible action)