ENTERPRISE TAB WATCH

Results

July 9, 2014

 

The Zoning Agenda items will be heard on the following dates:

 

Planning Commission 7:00 P.M., Tuesday, March 15, 2014.

Board of County Commissioners 9:00 A.M., Wednesday, March 16, 2014.

 

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.

 

 

CALL TO ORDER:

Pledge of Allegiance:

Introduction of County Staff

Procedures & Conduct

1.  This meeting has been duly notified and is conducted in conformance with open meeting law.

2.  Please turn off or mute all cell phones, pagers & other electronic devices.

3.  Please take all private conversations outside the room

4.  Request all attendees sign in

5.  Observe the protocol for speaking before the Board.  The protocol is posted in the meeting room. 

 

REGULAR BUSINESS

 

1.  Approve the Minutes for the meeting held on June 25, 2014.  Requires a vote of the Board.

2.  Approve the Agenda with any corrections, deletions or changes.  Requires a vote of the Board.

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

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

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

 

PUBLIC COMMENTS:

 

ADDITIONAL BUSINESS:

 

          1. County planning staff updates TAB on the land use plan update. (For discussion only.)

          2. Liaison update TAB on budget requests from prior fiscal year. (For possible action.)

 

ZONING AGENDA:

 

07/15/14 PC

 

1.       NZC-0832-13 – PANNEE LEITCH MCMACKIN SEPARATE PROPERTY TRUST:

 

HOLDOVER ZONE CHANGE to reclassify 9.2 acres from R-E (Rural Estates Residential) Zone to R-3 (Multiple Family Residential) Zone in the MUD-3 Overlay District.

 

DESIGN REVIEW for a multi-family residential development.  Generally located on the east side of Dean Martin Drive, 660 feet south of Cactus 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 numerous non-conforming zone changes on neighborhood development and public services required?

·      Does the non-conforming zone change significantly alter surrounding land uses?

·      Has the applicant met the Title 30 compelling justification?

 

There are several unique factors with this application considered by the TAB.  The applicant has made significant plan changes to greatly improved project than previously presented to the TAB.

 

The TAB is concerned with the project density is approaching the maximum for the R-3 zone district.  The current land use calls for a maximum of 14 units per acre, not the 17.9 proposed.  However, the 14 units per acre is only allowed for RUD single family zone district.  Experience indicates the RUD zone district has not produced very livable neighborhoods. 

 

Given the location of this application a multifamily project, just south of the new Cactus I-15 interchange and along Dean Martin, and next to I-15, is more appropriate than single family.  The TAB recommendation is the density should be limited to no more than that allowed in RM land use (14 units/acre).  The Design Review was denied because the density is too high for the area and the additional burden it would place on public facilities.

 

It should be noted that the TAB did not agree with the staff analysis.  The staff position is the applicant has meet 50 % of the compelling justification is sufficient reason to recommend approval.  The application’s compelling justification was based upon the assumption the property could be developed as a MUD-3 project, not realistic.  The staff analysis was not based upon the actual Residential Medium (RM) land use designation.  This project is residential only, while the MUD-3 project would require a commercial element that was not included in the staff analysis.  The TAB considers the use of MUD overlay as part of the compelling justification analysis to be an inappropriate criteria.  The TAB view is the applicant has met only 1 of 4 compelling justification reasons.

 

08/05/14 PC

 

2.       UC-0531-14 – AIP RICHMAR, LLC:

 

USE PERMIT to waive screening from rights-of-way for an existing outside storage yard.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Eliminate street landscaping; and

2) Off-site improvements (curb, gutter, sidewalk, and streetlights)

 

in conjunction with an existing outside storage yard on 14.7 acres in an M-1 (Light Manufacturing) Zone.  Generally located on the south side of Richmar Avenue and the east side of Redwood Street within Enterprise.  SB/gc/xx  (For possible action)

 

This request is appropriate for the area.  The applicant agrees with the staff conditions for a rockscape to be installed.  One concern raised is the inclusion of an asphalt curb to contain the rockscape.  The applicant is willing to include an asphalt curb which was included in the TAB recommendations.

 

3.       VS-0526-14 – BCP – RAINBOW & BADURA, LLC:

 

VACATE AND ABANDON easements of interest to Clark County located between Badura Avenue and Arby Avenue, and between Rainbow Boulevard and Redwood Street within Enterprise (description on file).  SS/co/ml  (For possible action)

 

Public Works did not list the right-of-way dedication for Arby Avenue and the TAB questioned this.  The applicant stated the Arby deduction was approved as part of an earlier application. 

 

After the TAB meeting the following was determined.  Arby Ave. was not dedicated as part of WS-0117-14 approved by the BCC on April 2, 2014.  At this point there is no requirement to dedicate Arby Ave. right-of-way.  The TAB change to the WS-0117-14 Public Works bullet was not included in the final decision. The current application goes to the PC most likely on the routine action agenda.  If the current application is approved as written, Arby Ave. right-of-way will be lost. The TAB added condition to comply with all previous conditions which does not accomplished the intended purpose to dedicate Arby Ave. 

 

The Public Works analysis did not provide any useful information and no criteria on what determines if a right-of-way is needed.

 

4.       VS-0555-14 – THOMAS PITTMAN JR. & AGNES PITTMAN REV TRUST:

 

VACATE AND ABANDON easements of interest to Clark County located between Pebble Road and Raven Avenue, and between Gagnier Boulevard and Tomsik Street within Enterprise (description on file).  SB/mc/ml  (For possible action)

 

5.       VS-0560-14 – D.R. HORTON, INC:

 

VACATE AND ABANDON easements of interest to Clark County located between Shelbourne Avenue and Camero Avenue, and between Pioneer Way and Buffalo Drive within Enterprise (description on file).  SB/mc/ml  (For possible action)

 

08/06/14 BCC

 

6.       DR-0533-14 – ST. SHARBEL MARONITE CATHOLIC TRUST:

 

DESIGN REVIEW for a decorative fence in conjunction with a place of worship on 2.1 acres in a P-F (Public Facility) Zone.  Generally located on the southwest corner of Frias Avenue and Rancho Destino Road within Enterprise.  SS/al/ml  (For possible action)

 

7.       DR-0554-14 – BCP-10410 S DECATUR, LLC:

 

DESIGN REVIEW for a retail/restaurant building with a drive-thru within an existing shopping center on 0.7 acres in a C-2 (General Commercial) Zone.  Generally located on the east side of Decatur Boulevard and the south side of Rush Avenue within Enterprise.  SB/gc/ml  (For possible action)

 

This is a continuation of a previously approved project.  Signage was not part of the application and the TAB added a condition for a design review as a public hearing for signage.  Previous applications have included lighting standards that this new addition should comply with.

 

8.       UC-0541-14 – DARUL-IMAN ETHIOPIAN MUSLIM COMMUNITY, INC:

 

USE PERMIT for a place of worship.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) Reduce parking;

2) Waive or provide alternative screening and landscape buffering;

3) Waive architectural design standards (wood shake roof);

4) Reduce drive aisle width;

5) Reduce setback from a trash enclosure to a residential use;

6) Reduce driveway design standards in accordance with Clark County’s Uniform Standard Drawings; and

7) Waive full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights) along Warm Springs Road and Hinson Street.

 

DESIGN REVIEW to convert an existing single family residence to a place of worship on 0.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the north side of Warm Springs Road and the east side of Hinson Street within Enterprise.  SS/dg/xx  (For possible action)

 

9.       UC-0563-14 – TOP SHELF DEVELOPMENT, LLC:

 

USE PERMIT to reduce the separation between an on-premise consumption of alcohol establishment (tavern) and a residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduced parking; 3) reduced setback for a trash enclosure; and 3) waived landscape buffer to a less intense use.

 

DESIGN REVIEW for a proposed retail center on 2.1 acres in a C-2 (General Commercial) Zone.   Generally located on the northwest corner of Fort Apache Road and Huntington Cove Parkway within Enterprise.  SB/rk/ml  (For possible action)

 

The tavern portion of this project is strongly opposed by the nearby residents.  They feel this is not an appropriate location for a tavern given the close proximity to the Rhodes Ranch entrance.  This is a heavily trafficked area with school bus stop.  The current tavern location does require a Special Use Permit for setbacks.  The TAB agreed with the residents and recommends denial of the Use Permit.  However, it may be possible for the applicant relocated the tavern on the property so it does not require a setback waiver.  In this case the tavern would be allowed as a right. 

 

The Design Review denial was recommended for two reasons.  First, is the current tavern location. Second, the drive aisle located behind the inline building will create a nuisance for the adjacent residents.  The drive aisle would allow deliveries other traffic at any hour adjacent to resident’s backyards.  Experience indicates restricting delivery hours is not enforceable. The TAB recommended no drive aisle behind the in line building.    The TAB also recommends the western doors be emergency exits only.  Again, experience indicates these areas are used for break area where load talk and smoking are nuisances to the adjacent residents.

 

The TAB recommends all the lighting be low level because of the residence to the east of this project.  The suggested change to the Current planning bullet reflects the TAB opinion on lighting.  Signage was not part of this application.  The close proximity of residential is the reason for a public design review for signage.

 

10.     UC-0552-14 – BARTSAS MARY 10, LLC:

 

USE PERMITS for the following:

 

1) Retail uses;

2) Restaurants;

3) A convenience store,

4) Vehicle wash (automobile); and

5) A gasoline station within a shopping center.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 

 

1) Alternative landscaping buffer along a street; and

2) Allow non-standard improvements within the right-of-way.

 

DESIGN REVIEW for a shopping center on 4.9 acres in an H-1 (Limited Resort and Apartment) Zone and an H-2 (General Highway Frontage) Zone in the MUD-1 and MUD-4 Overlay Districts.  Generally located on the south side of Cactus Avenue and the east side of Las Vegas Boulevard South within Enterprise.  ss/pb/ml  (For possible action)

 

The Design Review was denied because the plot plan includes the vacation of Giles Street. Changes will be required to accommodate the Giles Street right-of-way.  Giles Street between Cactus and Erie has been dedicated on the east side except for one 330 foot section adjacent to an undeveloped property.  Also, there is an electrical easement on the western half of Giles Street alignment.  The Public Works analysis did not provide any useful information and no criteria on what determines if a right-of-way is needed.  At this early stage of area development Giles Street should not be vacated as the traffic demand cannot be determined. The TAB examination determination the Giles Street right-of-way is needed.  Also, Giles Street should be maintained as an additional buffer to the residential on the eastside. 

 

The TAB added two conditions.  Perpetual access to the property south of this location should be established if compatible uses are established.  This will help business access between properties and result in a better traffic flow at a major intersection.  Signage and lighting were not part of this application and should be reviewed as public hearing.

 

11.     VS-0553-14 - BARTSAS MARY 10, LLC:

 

VACATE AND ABANDON easements of interest to Clark County located between Las Vegas Boulevard South and Giles Street and between Cactus Avenue and Conn Avenue (alignment), and a portion of right-of-way being Giles Street located between Cactus Avenue and Conn Avenue (alignment) within Enterprise (description on file).  SS/pb/ml  (For possible action)

 

Giles Street between Cactus and Erie has been dedicated on the east side except for one 330 foot section adjacent to an undeveloped property.  Also, there is an electrical easement on the western half of Giles street.  The Public Works analysis did not provide any useful information and no criteria on what determines if a right-of-way is needed.  At this early stage of area development Giles should not be vacated as the traffic demand cannot be determined. The TAB examination determination the Giles Street right-of-way is needed.  Also, Giles Street should be maintained as an additional buffer to the residential on the eastside.. 

 

12.     WS-0550-14 – BUSINESS SOCKS, LLC:

 

WAIVER OF DEVELOPMENT STANDARDS for waive off-site improvements (curbs, gutters, sidewalk, streetlights, and reduced width of paving) along Cimarron Road in conjunction with a single family residential development on 2.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southeast corner of Cimarron Road and Ford Avenue within Enterprise.  SB/al/ml  (For possible action)

 

PUBLIC COMMENTS

 

NEXT MEETING DATE: July 30, 2014, 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.