ENTERPRISE TAB WATCH

Results

October 30, 2013

 

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

 

Planning Commission 7:00 P.M., Tuesday, November 19, 2013.

Board of County Commissioners 9:00 A.M., Wednesday, November 20, 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 October 9, 2013.  APPROVED

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

 

Held by the applicant:

 

2.  UC-0603-13 – HURLEY, STEVEN & DONNA M.:  Until November 13, 2013 TAB meeting

7.  VS-0661-13 - PHANTOM GROUP, LLC:  Until November 13, 2013 TAB meeting

9.  WS-0662-13 – PHANTOM GROUP, LLC:  Until November 13, 2013 TAB meeting

 

Item # 5 VS-0617-13 – CB 101, LLC will be heard as the first item on the zoning portion of the agenda

 

Companion items:

 

H-1        NZC-0553-13 - WINDMILL DURANGO OP. LLC. ET AL:

H-2        VS-0554-13 - WINDMILL DURANGO OP, LLC, ET AL:

 

6.  VS-0530-13 – GAMEDAY, LLC, ET AL:

8.  WS-0529-13 – GAMEDAY, LLC, ET AL:

 

PUBLIC COMMENTS:  NONE

 

ANNOUNCEMENTS:

 

1.      The Enterprise non-conforming zone changes will be heard by the Clark County Planning Commission on Thursday, November 7, 2013.   

 

2.  Crime Prevention Training

November 15, 2013, 6:30

7885 W Robindale Rd

At the LDS Church

 

·   Representatives from the Las Vegas Metropolitan Police Department have scheduled Crime Prevention Training. The training is open to residents of Enterprise Township.

·   The class will provide tips on how to protect your house and family from crime and will focus on residential burglaries. The forming and maintaining of neighborhood watches will also be discussed. Representatives from the police department will be available for questions.

·   The training is scheduled for 11/15/13 from 6:30pm7:30pm

 

ADDITIONAL BUSINESS

 

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

 

   Complete the intersection at Jones and Blue Diamond

   Enterprise Community Center

   Enterprise Senior Center

   Build-out Cactus from Buffalo to Durango

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

   Connect the west end of Agate to Jones with 32 feet of paving

   Neighborhood park in the area bounded by Decatur, Silverado Ranch, Jones and Blue Diamond.

   Decatur built-out to 4 lanes between Warm Spring to Blue Diamond

   Jones built-out to 4 lanes between Blue Diamond to Erie/Shinnecock Hills

   Durango built-out to 4 lanes between Blue Diamond to Shelbourne

   Review and rework the drainage on Camero between Durango to Tomsik

 

ZONING AGENDA:

 

11/07/13 PC

 

H-1   NZC-0553-13 - WINDMILL DURANGO OP. LLC. ET AL:

Motion for:

Zone Change:

RECOMMEND:

   APN 176-16-101-034 (the eastern portion) remain R-E

   APN 176-16-110-002 (the western portion) change to R-2

WITHDRAWN Waiver of Development Standards #1 w/o prejudice;

DENY Waiver of development Standard #2

DENY Design review #1

APPROVE Design review #2

ADD Public Works conditions:

   Design Review as a public hearing will be required for grading/drainage plans, which is to include address the drainage on Camero and Gagnier also;

   Waive off-sites on Gagnier and Camero except for 32 feet of paving;

   Pedestrian/equestrian access to Gagnier;

ADD Current Planning condition:

   Requirement for lots adjacent to RNP to be 10,000 square feet minimum.

Per staff "if approved" conditions.

Motion APPROVED

 

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)

 

The TAB did not have a current staff analysis to review the submitted plan.  The applicant’s plan only addresses one of the items cited in the staff analysis on the previous plot plan.

 

This item was previously held to allow for meeting with the neighbors.  Some issues were resolved; however the meetings resulted in an agreement to disagree on the design presented.  The developer is not willing to compromise beyond the plan presented.  The issues are:

 

Neighbors

·   Resolve the flooding on Camero and Gagnier

·   Concerned with additional traffic

·   What effect grading and drainage will have on the surround neighborhood?

·   Is the property better suited for commercial.

Developer

·   Considers the area as one project

·   Is steadfast on creating a gated community

·   Willing to look at the drainage problem

·   Will not guarantee access to the rest of the RNP

·   Withdrew the waiver for lost less than 20,000 ft.

 

TAB found the following:

·      The eastern portion of this property was planned for RNP until deed restriction were imposed

·      [This project has two distinct residential areas

o              The western R-2 should be developed as a gated community

o              The eastern RNP should be developed as an open community

·      The plan as presented does not meet the current land use standards

o              The lots adjacent to the RNP were not a minimum of 10,000 sq. ft.

o              The Enterprise Land Use Plan discourages gated communities

o              The conductivity between the project and the rest of the RNP is almost not existent

·      Previous CRT plan is a better fit with the RNP than the plan presented to the TAB

o              The effects on the neighborhood were better defined and accounted for.

o              The RNP was well protected

·      The previous CRT project is not feasible in the current office market

·      Without the CRT project buffering to the RNP would be difficult.

·      This project will eliminate one of the few large commercial parcels on two arterials in Enterprise.

·      The conditions present by the applicant were not enforceable or did not provide neighbors the same protections as the previous BCC decisions on the CRT project.

·      The applicant is an excellent builder

·      The applicant revised their original plan to increase lot size within the RNP

·      The applicant was not will negotiate beyond the plan presented.

·      Approval of the current plan would set a undesirable precedent for other gated subdivisions in the RNP

·      The Public Works approved drainage plans on Camero have made the flooding worse.

 

The TAB views this project as two separate neighborhoods.  The western parcel has been land use planned for commercial.  The TAB recommended approval for APN 176-16-110-002 (the western portion) be changed to R-2.  The R-2 with 10,000 sq. ft. lots adjacent to the RNP is an appropriate buffer.  The plan presented does not incorporate the 10,000 sq. ft. lots.  The TAB added a condition to have 10,000 lots adjacent to the RNP.  The TAB has no objections to gated community in the R-2 area.

 

APN 176-16-101-034 (the eastern portion) was intended to be RNP until the airport deed restrictions were imposed.  This property was not land use planned to commercial during the 2009 update at the direction of the Commissioner at that time.  The intent was to protect the RNP neighborhood to the east and include this parcel if the restrictions were lifted or the CRT project was not commenced.

 

The Waiver of Development Standards # 2 and the Design Review #1 were denied because they do not comply with Enterprise land use policy.  The RNP neighborhood should be open to the rest of the RNP to the east.  The applicant plans call for gated pedestrian access on Camero, Windmill and Gagnier and vehicle access form a gated entry from Durango. The Tab opinion agrees with the staff that RNP area should have vehicle accessed from Windmill and Camero.  In addition, a pedestrian access should be installed in the utility easement leading to Gagnier.  The applicant cannot guarantee the HOA would not place lock on the access points cutting off conductivity with the rest of the RNP at a future date.

 

The previous NOFO on the eastern parcel was negotiated with the developer, neighbors and commissioner at that time.  The plan included a preliminary grading plan and a condition that changes would be a public hearing.  Flooding in the area and the amount of fill required were and are concerns for the adjacent neighbors.  Public Works approved plans along Camero have increased the flooding for residents at Camero and Lisa.  The drainage at Gagnier and Mistral has the possibility to flood the neighborhood to the east. The developer’s promise to look at these issues does not offer the same protection level as the previous agreement.  The TAB added the condition for a public hearing for the grading and drainage plan to give the neighborhood the same protection as the previous approved plan.

 

The Parking lot design was approved, it is required to meet the conditions approved in previous applications.

 

H-2   VS-0554-13 - WINDMILL DURANGO OP, LLC, ET AL:

APPROVED per Staff Conditions

 

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)

 

11/19/13 PC

 

1.      UC-0708-12 (ET-0093-13) - VOYAGER BOULEVARD INVESTMENTS, LLC:

APPROVED per Staff Conditions

 

USE PERMIT FIRST EXTENSION OF TIME to review temporary outdoor commercial events not licensed through and/or on the same property as an existing licensed business.

 

DESIGN REVIEW for horse and cattle stalls and pens on 16.3 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.  Generally located on the north side of Neal Avenue, 500 feet west of Las Vegas Boulevard South within Enterprise.  SS/jt/ml  (For possible action)

 

2.      UC-0603-13 – HURLEY, STEVEN & DONNA M.:

         HELD by the applicant until November 13, 2013 TAB meeting

 

USE PERMITS for the following:

 

1) Communication tower;

2) Allow accessory structures in the front yard without architectural features compatible with the principal building; and

3) Increase the size of accessory structures.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduce setback for 2 access gates;

2) Reduce front setback for accessory structures; and

3) Increase lot coverage.

 

DESIGN REVIEW for a communication tower in conjunction with an existing single family residence on 2.2 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the north side of Gomer Road, 280 feet east of Fort Apache Road within Enterprise.  SB/jt/ml  (For possible action)

 

3.      UC-0609-13 – 750 E PYLE, LLC:

         DENIED

 

USE PERMITS for the following:

 

1) A convenience store; and

2) A convenience store

 

with a reduced separation to a residential use on a separate property in conjunction with an existing retail center on 1.0 acre in a C-1 (Local Business) Zone.  Generally located on the north side of Pyle Avenue, 140 feet west of Pollock Drive within Enterprise. SS/dm/ml  (For possible action)

 

This application is not appropriate at this location.  The applicant stated that there was a need for convenience store in this location because the area lacked a convenience store for a wide radius.  Several TAB members have looked at the location because of the large waiver required.  What was observed at the location is a Rhino Mart immediately east of the applicant proposed location.  The Rhino Mart meets all the separation requirement for a convenience store. 

 

The TAB determined that this request is not for a specialty convenience store that would add to the variety products be offer in the neighborhood.  The denial was based upon:

·This application is a discretionary application in a C-1 zone district.

·A large separation waiver is required

·The location is already served by a fully permitted convenience store.

 

4.      UC-0631-13 – DAVIS BROTHERS INVESTMENTS, LTD:

APPROVED per staff conditions

 

USE PERMIT for a recreational facility (indoor bike park) with accessory commercial uses.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Reduced parking;

2) Allow a roof sign; and

3) Allow non-decorative metal siding.

 

DESIGN REVIEW for a recreational facility (indoor bike park) on 5.7 acres in an M-D (Designed Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on the southwest corner of Blue Diamond Road and Redwood Street within Enterprise.  SB/gc/ml  (For possible action)

 

5.      VS-0617-13 – CB 101, LLC:

APPROVED per staff conditions

 

VACATE AND ABANDON easements of interest to Clark County located between Wigwam Avenue and Cougar Avenue, and between Duneville Street and Westwind Road within Enterprise (description on file).  SB/mc/ml  (For possible action)

 

11/20/13 BCC

 

6.      VS-0530-13 – GAMEDAY, LLC, ET AL:

APPROVED per staff conditions and,

CHANGE Public Works bullet #2 to read:

   Right-of-way dedication to include 45 feet to back of curb for Jones Boulevard, 45 feet to back of curb for Silverado Ranch Boulevard, 30 feet for Westwind Road only along school boundary, 30 feet for La Baron Avenue to include knuckle and all associated spandrels;

 

VACATE AND ABANDON easements of interest to Clark County located between Silverado Ranch Boulevard and Le Baron Avenue (alignment), and between Jones Boulevard and Westwind Road (alignment), and portions of right-of-way being Le Baron Avenue located between Jones Boulevard and Westwind Road, and Red Rock Street located between Silverado Ranch Boulevard and Le Baron Avenue (alignment) within Enterprise (description on file).  SB/al/ml  (For possible action)

 

The Clark County School District, Real Property Management requested La Baron be dedicated to help improve circulation around the Ries Elementary School.  Additionally, La Baron is a ¼ section line road and should be dedicated because it will provide access to public property and facilities planned to the south.  The applicant has reserved enough space on their southern property line to accommodate the 30 ft. dedication for LA Baron without have to remove any plots from their plan.

 

7.      VS-0661-13 - PHANTOM GROUP, LLC:

HELD by the applicant until November 13, 2013 TAB meeting

 

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 within Enterprise (description on file).  SS/mk/ml  (For possible action)

 

8.      WS-0529-13 – GAMEDAY, LLC, ET AL:

APPROVED per staff conditions and,

ADD Current Planning Condition

   Reduced rear setback is limited to home fronting on the hammerheads only.

CHANGE Public Works bullet #2 to read:

   Right-of-way dedication to include 45 feet to back of curb for Jones Boulevard, 45 feet to back of curb for Silverado Ranch Boulevard, 30 feet for Westwind Road only along school boundary, 30 feet for La Baron Avenue to include knuckle and all associated spandrels;

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Increased wall height;

2) Increased building height;

3) Reduced setbacks;

4) Reduced street intersection off-set; and

5) Permit non-standard off-site improvements.

 

WAIVERS OF CONDITIONS for the following:

 

1) ZC-1450-04 requiring right-of-way dedication to include 30 feet for Le Baron Avenue, 50 feet for Silverado Ranch Boulevard, and 30 feet for Duneville Street;

2) NZC-1455-04 requiring right-of-way dedication to include 50 feet for Jones Boulevard, 50 feet for Silverado Ranch Boulevard together with 50 to 55 foot transitions in conformance with Uniform Standard Drawing No. 201.1, and 60 feet for Le Baron Avenue; and

3) ZC-1623-06 requiring right-of-way dedication to include 30 to 60 feet for Duneville Street from Silverado Ranch Boulevard to Jo Rae Street.

 

DESIGN REVIEW for a single family residential development on 60.2 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the southeast corner of Jones Boulevard and Silverado Ranch Boulevard within Enterprise.  SB/al/ml  (For possible action)

 

The Clark County School District, real property management request La Baron be dedicated to help improve circulation around the Ries Elementary School. Additionally, La Baron is a ¼ section line road and should be dedicated because it will provide access to public property and facilities planned to the south.  The applicant has reserved enough space on their southern property line to accommodate the 30 ft. dedication for LA Baron without have to remove any plot from their plan.

 

There appear to be a lack of communication between Public Works and CCSD Real Property Management on what local roads are needed around school sites.  The TAB has also found this to be the case with local roads around other public facilities.  The analysis provided does not provide specific reasons for the abandonment of right-away or alignments.   In many cases, the traffic pattern and emergency vehicle access cannot be determined until the area is substantially built-out.  Yet, we see recommendations for alignment vacation with less than 25 % of an area developed.

 

The TAB added a condition to restrict the reduced backyard setback to the Hammerhead lots only.  The TAB is has consistently recommended setback reduction be applied to a limited number of lots.

 

9.      WS-0662-13 – PHANTOM GROUP, LLC:

HELD by the applicant until November 13, 2013 TAB meeting

 

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-through street improvements in conjunction with a proposed single family residential subdivision.

 

DESIGN REVIEW for a 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/mk/ml  (For possible action)

 

11/05/13 PC

 

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

DENIED

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)

 

The plan as presented does not meet the current land use standards

·   Excessive number of lots within the project did not meet the minimum of 20,000 sq. ft. standard.

·   There is no physical constrain to justify the lot sizes below 20,000 sq. ft.

·   The Enterprise Land Use Plan discourages gated communities

·   The conductivity between the project and the rest of the RNP is almost not existent

 

The applicant reasoning is the lot sizes to the east are approximately 18,000 sq. ft.  Two factors negate this argument.  First, these lots were map prior to the RNP-1 overlay being put into place.  Second, recent BCC decisions have restricted the instances where reduced lot size is acceptable.

 

This plan could be revised to produce a more open design by fronting some houses on to the local streets and the use of shorter cul-de-sacs.  This would blend the project into the neighborhood and not produce an isolate subdivision.

 

11/06/13 BCC

 

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

Motion for:

APPROVE Zone Change;

APPROVE Design Review;

APPROVE Waivers of Development Standards #1 & 5 per staff conditions;

APPROVE Waiver of Development Standards #2 with the following change to read:

·            Modify parking landscaping where landscaping per Figure 30.60-14 is required per plans presented to staff for landscaping;

Withdrawn Waivers of Development Standards #3 &4 w/o prejudice;

Motion APPROVED

 

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 comer of Warm Springs Road and Windy Street within Enterprise (description on file).  SS/mk/ml  (For possible action)

 

The zone change is appropriate for the area.  The design presented by the applicant is a significant improvement to the property.  The applicant withdrew Waiver of Development Standards #s 3 and 4. 

 

The septic leach field is located adjacent to the southern property line.  The health district regulations do not allow trees to be planted with 10 ft. of the leach field.  This requires a waiver for landscaping along Warm Spring adjacent to the septic field.

The modified parking lot standards apply to the eastern portion of the property only.  The western parking lot complies with title 30.

The applicants request to delay the off-site on Windy Street is reasonable.  There is little development north of this site along Windy.  Pave access is currently availability for the western parking lot access.

 

10/15/13 PC

 

12.    UC-0318-11 (ET-0085-13) – NAMAZ, LLC:

APPROVED per staff conditions

 

USE PERMITS FIRST EXTENSION OF TIME to commence the following:

 

1) Retail sales and services;

2) Convenience store with gasoline sales;

3) Alcohol sales – packaged (liquor, beer and wine); and

4) On-premise consumption of alcohol (service bar) in conjunction with a restaurant.

 

DESIGN REVIEW for a future commercial retail development on 3.7 acres in an H-2 (General Highway Frontage) Zone in the Mountain’s Edge Master Planned Community.  Generally located on the southeast corner of Blue Diamond Road and Tenaya Way within Enterprise.  SB/co/ml  (For possible action)

 

PUBLIC COMMENTS   NONE

 

NEXT MEETING DATE:  November 13, 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.