ENTERPRISE TAB WATCH

Results

March 26, 2014

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

Planning Commission 7:00 P.M., Tuesday, April 1, 2013.

Board of County Commissioners 9:00 A.M., Wednesday, April 2, 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 12, 2014. APPROVED

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

1. Items on the agenda may be taken out of order.

Zoning agenda item #18 will be heard after zoning item #6.

2. The Town Advisory Board may combine two or more agenda items for consideration.

The following zoning items are companion items and will be heard together respectively:

1. TM-0224-13 – U.S.A

2. VS-0802-13 – U.S.A

3. WS-0801-13 – U.S.A

7. DR-0141-14 – STARR & HAVEN, LLC

11. TM-0044-14 - STARR & HAVEN, LLC

8. DR-0142-14 – STARR & HAVEN, LLC

12. TM-0045-14 - STARR & HAVEN, LLC

14. VS-0144-14 - STARR & HAVEN, LLC

9. TM-0042-14 – PAL FAMILY TRUST

17. ZC-0134-14 – PAL FAMILY TRUST

10. TM-0043-14 – LH VENTURES, LLC

13. VS-0138-14 – LH VENTURES, LLC

15. WS-0137-14 – LH VENTURES, LLC

3. The Town Advisory Board may remove an item from the agenda or delay discussion relating to an item at any time.

PUBLIC COMMENTS:

An attendee requested the TAB move the Land Use Update Report before the zoning agenda because many people were concerned with it and it would be considerate to hear this report before the zoning items. The Chair reminded the attendees that the report will be presented to the BCC on April 2, 2014 and that the land use update would come before the TAB at a future date.

ANNOUNCEMENTS: NONE

ZONING AGENDA:

04/02/14 BCC

1. TM-0224-13 – U.S.A.:

DENIED

CHANGE Public Works – Development Review #2 to read:

· Right-of-way dedication to include 40 feet for Wigwam Ave, 30 to 60 feet for Warbonnet Way, 30 feet for Cougar Ave, 30 to 60 feet for Miller Ln and associated spandrels.

HOLDOVER TENTATIVE MAP consisting of 27 single family residential lots and common lots on 15.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the south side of Wigwam Avenue and the west and east side of Warbonnet Way within Enterprise. SB/dg/ml (For possible action)

The Tentative Map approval is dependent on the approval of WS-0801-13 – U.S.A. The TAB was opposed to 3 of the 4 Waivers of Development Standards and the Design Review on WS-0801-13 – U.S.A. See WS-0801-13 – U.S.A. for detailed TAB opinion.

2. VS-0802-13 – U.S.A.:

DENIED

CHANGE Public Works – Development Review #2 to read:

· Right-of-way dedication to include 40 feet for Wigwam Ave, 30 to 60 feet for Warbonnet Way, 30 feet for Cougar Ave, 30 to 60 feet for Miller Ln and associated spandrels.

AMENDED HOLDOVER VACATE AND ABANDON a portion of right-of-way being Miller Lane located between Wigwam Avenue and Cougar Avenue (alignment) (no longer needed), a portion of Wigwam Avenue located between Miller Lane (alignment) and Buffalo Drive (alignment), and an unnamed right-of-way alignment located between Wigwam Avenue and Cougar Avenue (alignment) within Enterprise (description on file). SB/dg/ml (For possible action)

PREVIOUS ACTION:

Enterprise TAB, January 15, 2014: HELD until the January 29 meeting per agreement with applicant in order to meet with the neighbors: previously heard.

Enterprise TAB, January 29, 2014: HELD until the February 12 meeting per request of applicant.

Enterprise TAB, February 12, 2014: HELD until the February 26 meeting per request of applicant.

3. WS-0801-13 – U.S.A.:

DENIED

CHANGE Public Works – Development Review #2 to read:

· Right-of-way dedication to include 40 feet for Wigwam Ave, 30 to 60 feet for Warbonnet Way, 30 feet for Cougar Ave, 30 to 60 feet for Miller Ln and associated spandrels.

AMENDED HOLDOVER WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Increased wall height (no longer needed);

2) Waive full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights);

3) Modified street improvements in accordance with Clark County’s Uniform Standard Drawings;

4) Reduced lot area (previously not notified); and

5) Reduced setbacks (previously not notified).

DESIGN REVIEW for a single family residential development on a 15.0 acre portion of an overall 108.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone. Generally located on the south side of Wigwam Avenue and the west and east sides of Warbonnet Way within Enterprise. SB/dg/ml (For possible action)

PREVIOUS ACTION:

Enterprise TAB, January 15, 2014: HELD until the January 29 meeting per agreement with applicant in order to meet with the neighbors: previously heard.

Enterprise TAB, January 29, 2014: HELD until the February 12 meeting per request of applicant.

Enterprise TAB, February 12, 2014: HELD until the February 26 meeting per request of applicant.

This application was strongly opposed by 30 neighbors at the TAB. The TAB opinion is this project does not comply with Title 30 standards and the redesign increased the deviation from Title 30 standards.

The applicant held this item to include the dedication of Miller Ln in their plans. The applicant did not reduce the number of lots. As a result, the project does not meet several Title 30 standards. The number of lots should have been reduced to eliminate the need for additional waivers. The project design does not provide any outstanding characteristics that would warrant the granting of waivers. The current design is detrimental to the RNP-1 neighborhood.

Title 30 requires local roads every 660 feet. This was done with the inclusion of Miller Ln in the plan. The requirement to develop local roads does not entitle the developer to concessions which place the design below Title 30 minimum standards. The easements for roads were granted to the county by the Federal land grants. The roads are routinely built by the developer without concessions on Title 30 standards. Also, the developer did not meet the Title 30 zone district standards on lot size and lot design standards. The lot design standards require homes to front local roads. This is the established design standard within the RNP-1.

The TAB reviewed the Waivers of Development Standards and Design Review with the following comments:

2) Approve: Waive full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights);

· The TAB and residents recommend rural road standards approved with any project on this site.

3) Deny: Modified street improvements in accordance with Clark County's Uniform Standard Drawings;

· There is a significant drainage problem in this area which is better handled with an L curb.

4) Deny: Reduced lot area (previously not notified);

· Existing residences and other developments meet the 20,000 sq. ft. minimum standard.

· Because the reduced lots are along a private street, the effective lot size is well below 18,000 sq. ft.

· This is a self-imposed hardship due to poor lot planning.

· Too many lots are below standards without exceptional circumstance. 10 of 25 are undersized lots.

5) Deny: Reduced setbacks (previously not notified).

· This is a self-imposed hardship due to poor lot planning.

· The size of the reduction is excessive.

· Other homes and planned projects, in the immediate area, meet all setback requirements.

· May lead to additional waiver requests by the new residents.

Deny: Design Review

· Does meet Title 30 lot configuration standards (30.56.080)

· The cu-de-sac east of Miller Ln should take access from Miller Ln (a local street) not Wigwam (a collector).

· Alternative Site design standards criteria are not sufficient to justify the current design.

This project should be redesigned to come into conformance with Title 30 standards and the established neighborhood pattern.

04/15/14 PC

4. VS-0614-11 (ET-0026-14) - GALLEGOS, RICHARD:

APPROVED per staff conditions

VACATE AND ABANDON FIRST EXTENSION OF TIME for an easement of interest to Clark County located between Torino Avenue and Pebble Road and between Gagnier Boulevard and Tomsik Street within Enterprise (description on file). SB/mc/ml (For possible action)

5. WS-0130-14 – TB-JACK, LLC:

APPROVED per staff conditions

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Increased wall height; and

2) Street landscaping

in conjunction with an approved single family residential development on 4.3 acres in an R-2 (Medium Density Residential) Zone. Generally located on the west side of Juliano Road and the north side of Ford Avenue within Enterprise. SB/mk/ml (For possible action)

6. WS-0143-14 – MREC WRG WARM SPRINGS, LLC:

APPROVED per staff conditions and,

MODIFY the Waiver of Development Standards:

· To apply to the drainage channel only and 50 feet on either end to match existing grade

WAIVER OF DEVELOPMENT STANDARDS to increase wall height in conjunction with an approved single family subdivision on 10.0 acres in an R-2 (Medium Density Residential) Zone. Generally located between Warm Springs Road and Eldorado Lane, 350 feet east of Buffalo Drive within Enterprise. SS/jt/ml (For possible action)

The TAB has been consistent in restricting waiver of standards to where they are needed, not a blanket waiver. The condition recommended by the TAB restricts the waiver to the drainage area and the walls at the beginning and end of the channel. The higher retaining wall is internal to the project.

04/16/14 BCC

7. DR-0141-14 – STARR & HAVEN, LLC:

APPROVED per staff conditions and,

ADD a condition:

· All pole-mounted street lighting to be fully shielded.

DESIGN REVIEW for a single family residential development on 1.3 acres in an R-2 (Medium Density Residential) Zone in the MUD-4 Overlay District. Generally located on the northeast corner of Haven Street and Neal Avenue within Enterprise. SS/dg/ml (For possible action)

The TAB has consistently recommended fully shielded street lights to help with the light pollution in the area. The applicant accepted this condition.

8. DR-0142-14 – STARR & HAVEN, LLC:

APPROVED per staff conditions and,

ADD a condition:

· All pole-mounted street lighting to be fully shielded.

DESIGN REVIEW for a single family residential development on 11.5 acres in an R-2 (Medium Density Residential) Zone in the MUD-4 Overlay District. Generally located on the southeast corner of Haven Street and Starr Avenue within Enterprise. SS/dg/ml (For possible action)

The TAB has consistently recommended fully shielded street lights to help with the light pollution in the area. The applicant accepted this condition.

9. TM-0042-14 – PAL FAMILY TRUST:

DENIED

Project is too dense and lot sizes too small.

TENTATIVE MAP consisting of 10 single family residential lots and common lots on 1.3 acres in an R-2 (Medium Density Residential) Zone. Generally located on the south side of Ford Avenue, 200 feet west of Cameron Street (alignment) within Enterprise. SB/gc/ml (For possible action)

The lot sizes are not consistent with current BCC decisions and plans being presented by other developers. These lots are significantly smaller than the current 4000 + sq. ft. lots being approved.

10. TM-0043-14 – LH VENTURES, LLC:

APPROVED per staff conditions

TENTATIVE MAP consisting of 14 single family residential lots on 2.5 acres in an R-2 (Medium Density Residential) Zone. Generally located on the south side of Windmill Lane and the east side of Jones Boulevard within Enterprise. SB/rk/ml (For possible action)

11. TM-0044-14 - STARR & HAVEN, LLC:

APPROVED per staff conditions and,

ADD a condition:

· All pole-mounted street lighting to be fully shielded.

TENTATIVE MAP consisting of 7 single family residential lots and common lots on 1.3 acres in an R-2 (Medium Density Residential) Zone in the MUD-4 Overlay District. Generally located on the northeast corner of Haven Street and Neal Avenue within Enterprise. SS/dg/ml (For possible action)

The TAB has consistently recommended fully shielded street lights to help with the light pollution in the area. The applicant accepted this condition.

12. TM-0045-14 - STARR & HAVEN, LLC:

APPROVED per staff conditions and,

ADD a condition:

· All pole-mounted street lighting to be fully shielded.

TENTATIVE MAP consisting of 69 single family residential lots and common lots on 11.5 acres in an R-2 (Medium Density Residential) Zone in the MUD-4 Overlay District. Generally located on the southeast corner of Haven Street and Starr Avenue within Enterprise. SS/dg/ml (For possible action)

The TAB has consistently recommended fully shielded street lights to help with the light pollution in the area. The applicant accepted this condition.

13. VS-0138-14 – LH VENTURES, LLC:

APPROVED per staff conditions

VACATE AND ABANDON easements of interest to Clark County located between Windmill Lane and Atlantis Dream Avenue, and Jones Boulevard and Discovery Point Street within Enterprise (description on file). SB/rk/ml (For possible action)

14. VS-0144-14 - STARR & HAVEN, LLC:

APPROVED per staff conditions

VACATE AND ABANDON easements of interest to Clark County located between Starr Avenue and Neal Avenue, and between Haven Street and Rancho Destino Road within Enterprise (description on file). SS/dg/ml (For possible action)

15. WS-0137-14 – LH VENTURES, LLC:

APPROVE Waivers of Development Standards #1a & #1b, #2, #4, #5a & #5b;

APPROVE Waiver of Development Standards #3 changed to read:

· Reduce the rear setback to 10 ft where 15 ft is required (a 33% reduction), restricted to hammerhead lots only;

DENY Waiver of Development Standards #5c;

APPROVE Design Review;

Motion PASSED

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Increased wall height;

2) increased building height;

3) Reduced setbacks;

4) Reduced intersection off-set; and

5) Allow modified street improvement standards in conjunction with a single family residential development.

DESIGN REVIEW for a single family residential development on 2.5 acres in an R-2 (Medium Density Residential) Zone. Generally located on the south side of Windmill Lane and the east side of Jones Boulevard within Enterprise. SB/rk/ml (For possible action)

Waivers of Development Standards:

3) Reduced setbacks; TAB recommends approval

· The TAB has consistently recommended the rear yard off-set reduction for the hammer head lots only, not a blanket waiver for the entire project.

4) Reduced intersection off-set to 118 feet where 125 feet is required (a 6% reduction). TAB recommends approval

· Staff recommended denial

· The developer has provided 4000 + sq. ft. lots.

· The intersection off-set can be met if the lot sizes east of the internal street are reduced.

· There is a centerline barrier restricting the project entry to right-in and right-out.

· The centerline barrier reduces the traffic safety risk.

5) Allow modified street improvement standards, in conjunction with a single family residential development.

a) Reduce the minimum dimension from the edge of the driveway to back of curb return radius to three feet where 12 feet is required (75% reduction) . TAB recommends approval.

· Staff recommended denial.

· The plans present showed a 20 foot landscaped area along Windmill Ln.

· The effective distance from the driveway to Windmill is 23 feet, when the landscape area is considered.

c) Modify the required cross-gutter and return improvements. TAB recommends denial.

§ Staff recommends denial.

§ The County policy is cross-gutter adjacent to arterial road may not be modified.

§ The County requirement is L curb along arterial roads.

§ Water flow is better handled by L curb.

16. ZC-0092-14 – BROWNE, WENDY W.:

APPROVED per staff conditions

ZONE CHANGE to reclassify 0.9 acres from R-E (Rural Estates Residential) Zone to C-P (Office & Professional) Zone to convert an existing residence into an office building.

USE PERMIT for personal services (beauty salon).

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Eliminate trash enclosure;

2) Alternative landscaping;

3) Permit an existing wall and gates;

4) Reduced setback from right-of-way for an existing wall;

5) Reduced setback for gates; and

6) Reduced driveway width.

DESIGN REVIEW for an office building (personal service and photo studio). Generally located on the north side of Pebble Road, 300 feet east of Giles Street within Enterprise (description on file). SS/mk/ml (For possible action)

17. ZC-0134-14 – PAL FAMILY TRUST:

APPROVE Zone Change

DENY Design Review

Project is too dense and lot sizes too small.

Motion PASSED:

ZONE CHANGE to reclassify 1.3 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 Ford Avenue, 200 feet west of Cameron Street (alignment) within Enterprise (description on file). SB/gc/ml (For possible action)

The zone change is conforming and is appropriate of the neighborhood.

The lot sizes are not consistent with current BCC decision and plans being presented by other developers. These lots are significantly smaller than the current 4000 + sq. ft. lot being approved.

18. ZC-0140-14 – CHURCH REMNANT MINISTRIES INTERNATIONAL & CUNNINGHAM FAMILY TRUST:

HELD until the April 30, 2014 TAB meeting per agreement with the applicant to hold a neighborhood meeting.

ZONE CHANGE to reclassify 1.9 acres from R-E (Rural Estates Residential) Zone to C-P (Office & Professional) Zone for an off-site parking lot.

USE PERMITS for the following:

1) A place of worship; and

2) A parking lot.

WAIVERS OF DEVELOPMENT STANDARDS for the following:

1) Reduced on-site parking;

2) Allow access to a residential local street; and

3) Reduced street landscaping.

WAIVERS OF CONDITIONS of a zone change (ZC-0219-04) requiring the following:

1) Per plans submitted at the Board of County Commissioners’ meeting; and

2) The office portion of the project to be 1 story only at a maximum height of 17 feet.

DESIGN REVIEWS for the following:

1) An expansion to a place of worship on 2.0 acres in an R-E (Rural Estates Residential) Zone and a CRT (Commercial Residential Transition) Zone; and

2) An off-site parking lot on 1.9 acres

in an R-E (Rural Estates Residential) Zone. Generally located on the south side of Windmill Lane and the east and west sides of Placid Street within Enterprise. SS/jt/ml (For possible action)

04/02/14 PC

19. TM-0035-13 (WC-0023-14) – D.R. HORTON, INC:

WITHDRAWN by the applicant.

WAIVER OF CONDITIONS of a tentative map requiring right-of-way dedication to include 55 feet to back of curb for a portion of the cul-de-sac at the east end of Mountains Edge Parkway in conjunction with an approved 102 lot single family subdivision on 15.2 acres in an R-2 (Medium Density Residential) Zone. Generally located on the east side of Rainbow Boulevard and the south side of Mountains Edge Parkway within Enterprise. SB/mc/ml (For possible action)

PREVIOUS ACTION:

Enterprise TAB, March 12, 2014: HELD until the March 26, 2014 meeting per request of applicant.

PRESENTATION

Land Use report – presentation of proposed land use categories, proposed schedule, and briefing on update process.

The Advanced Planning Staff presented a new method for land use planning, Community Development Plan, and revised land use categories. These items will be submitted to the Board of County Commissioners on April 2, 2014 for further direction. The following concerns were expressed by the public and the TAB during the discussion:

● The zone district development standards changes must be in Title 30 and completed before the first TAB public hearing using the new Community Development Plan.

● Stricter criteria for zone district approval within each land use category is required.

● The time line is too short for the work that must be accomplished. (Community Development Plan and Title 30)

● Given the different zone districts in each land use category, buffering and distance requirements are extremely important to orderly development.

● So far the Community Development Plan has not had sufficient public involvement.

● The public has seen too many non-conforming zone changes approved that do not meet the current the Title 30 compelling justification.

● The public views the Planning Commission as being too developer friendly, and display an unwillingness to uphold the current land use plan or Title 30 standards.

ADDITIONAL BUSINESS

Receive a request from the Committee on RNP Traffic Mitigation to forward to the Department of Public Works a recommendation that the southern-most Silverton exit be limited to right turn only. (For possible action)

This request is a result of a meeting between Silverton management and the area neighbors. The Silverton management is not opposed to reducing the southernmost exit on Dean Martin to a right-out only driveway. The agreement was to have the request reviewed by Public Works.

Motion to forward the request to the Department of Public Works:

APPROVED:

PUBLIC COMMENTS ed NONE

NEXT MEETING DATE: April 9, 2014, 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.