ENTERPRISE TAB WATCH

Results

February 24, 2016

 

The Zoning Agenda items will be heard by the PC or BCC on the dates indicated in each application:

 

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.

 

ANNOUNCMENTS

 

Neighborhood Meeting

Re: To discuss a proposed single family development by DR Horton located near Bermuda Road and Chartan Avenue. Wednesday, March 2, 2016, 6:00 p.m. at the Enterprise Library, 25 E. Shelbourne Avenue, Lass Vegas.

 

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Neighborhood Meeting

To discuss the single family development by DR Horton located on the northeast corner of Hinson Street and Arby Avenue: Thursday, March 3, 2016 at 6:00pm at the Enterprise Library, 25 E. Shelbourne Avenue, Las Vegas.

 

ZONING AGENDA:

 

1.         UC-0011-13 (AR-0010-16) – EMERY FAMILY TRUST:

USE PERMIT SECOND APPLICATION FOR REVIEW of a food cart (shaved ice) not located within an enclosed building. 

DESIGN REVIEW for a food cart (shaved ice) in conjunction with an existing convenience store and gasoline station on 1.6 acres in a C-2 (General Commercial) Zone.  Generally located on the northeast corner of Cactus Avenue and Decatur Boulevard within Enterprise.  SB/jvm/ml  (For possible action) 03/15/16 PC

 

APPROVE per staff conditions

 

2.         DR-0052-16SUMMIT FORD, LLC:

DESIGN REVIEW to increase the finished grade in conjunction with an approved single family subdivision on 2.6 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the north side of Ford Avenue, 330 feet east of Durango Drive within Enterprise.  SB/jt/xx  (For possible action)     03/16/16 BCC

 

APPROVE per staff conditions

 

3.         UC-0031-16 – LEAKE, BONNIE G. TRUST:

USE PERMIT to increase the number of household pets (dogs) in conjunction with an existing single family residence on 1.9 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the northeast corner of Buffalo Drive and Raven Avenue within Enterprise.  SB/mk/ml (For possible action) 03/16/16 BCC

 

APPROVE per staff conditions and,

STRIKE Current Planning condition #4:

·         No replacement of dogs;

 

The TAB considered:

·   The property is in a RNP-1.

·   The applicant has 1.9 acres available.

·   No deficiencies in animal care.

·   Cares for animals that are not adoptable.

·   Use permit if approved could allow up to 16 dogs.

 

Normally when the TAB reviews an application concerning the number of animals on a property, it is because the number is above what is allowed by the code.  In these cases, it is usual to not allow any replacement animals until the code limit is obtained. 

 

This application is different because the applicant has sufficient property to accommodate 16 dogs.  However, the staff recommended a condition that would not allow any replacement dogs. 

 

The TAB position is the applicant is taking good care of the 12 dogs currently on the property.  This was verified by an Animal Control inspection.  They are taking care of dogs that normally would be put down by the shelter. They applicant should be allowed to replace dogs as long as the number does not exceed 12.  The applicant has demonstrated they are capable of taking excellent care of 12 dogs.

 

4.         UC-0070-16 – GAUGHAN SOUTH, LLC:

USE PERMITS for the following: 1) expand an existing recreational facility (equestrian staging area); and 2) deviations from development standards for modifications to an existing resort hotel (South Point).

DEVIATIONS for the following: 1) permit an equestrian staging area outdoors where required to be within enclosed buildings; 2) waive buffer requirements adjacent to a freeway; 3) waive landscaping adjacent to a local street; and 4) permit all other deviations as shown per plans on file.

DESIGN REVIEWS for the following: 1) expand an existing recreational facility (equestrian staging area); and 2) a proposed maintenance building in conjunction with an existing hotel/casino (South Point) on 14.7 acres in a H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.  Generally located on the east and west sides of Ensworth Street and the north and south sides of Pyle Avenue within Enterprise.  ss/pb/ml  (For possible action) 03/16/16 BCC

 

APPROVE per staff conditions

 

5.         ZC-0043-16 – MERCER, RICHARD & CHRISTINE:

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to C-2 (General Commercial) Zone.

USE PERMIT to reduce the separation from a proposed on-premises consumption of alcohol establishment (supper club) to a residential use.

WAIVER OF DEVELOPMENT STANDARDS to increase screen wall height.

DESIGN REVIEWS for the following: 1) on-premises consumption of alcohol (supper club) in conjunction with a restaurant; 2) convenience store with gasoline sales; and 3) vehicle car wash in conjunction with a partially constructed shopping center.  Generally located on the west side of Buffalo Drive, 500 feet south of Blue Diamond Road within Enterprise (description on file).  SB/rk/ml  (For possible action) 03/16/16 BCC

 

APPROVE per staff conditions and,

CHANGE Current Planning conditions #2 to read:

·         Lighting to be low level with any light source to be shielded with "full cut-off" fixtures (light lens not visible), floodlights, spotlights, or other similar lighting shall not be permitted to illuminate buildings;

ADD Current Planning condition:

·         Design Review as a Public Hearing for signage;

ADD Public Works – Development Review condition:

·         Provide perpetual cross access ingress / egress and shared parking easement with the adjacent parcels to the west and north;

 

The TAB has two concerns with this application.

Cross access

·   The property will be incorporated into the larger commercial development to the north and west.

·   A four-foot retaining wall is along the western boundary.

·   This portion of the commercial development should not be isolated from the larger area.

·   Wall and landscaping along the west and north edge are not appropriate for this development.

·   Parking should be shared with the rest of the development.

The TAB recommended cross access be established to the north and west and parking be shared.

 

Lighting and Signage

·   Signage was not covered by this application

·   The staff recommended low level lighting along the southern boundary.

·   Consistent TAB position is to use fully shielded lighting throughout any project located next to residential area.

The TAB recommends a Design Review for signage and low level lighting for the entire site.

 

6.         ZC-0051-16 – 4129, LLC:

ZONE CHANGE to reclassify 7.3 acres from H-2 (General Highway Frontage) Zone to C-2 (General Commercial) Zone in the MUD-4 Overlay District. 

DESIGN REVIEW for a proposed shopping center.  Generally located on the south side of Blue Diamond Road, and the east and west sides of El Capitan Way (alignment) within Enterprise (description on file).  SB/gc/ml  (For possible action) 03/16/16 BCC

 

APPROVE per staff conditions and,

CHANGE Current Planning condition #5 to read:

·         Design Review as a Public Hearing for lighting and signage;

ADD Current Planning conditions

·         Design Review as a Public Hearing for significant changes to plan;

·         Rear doors of buildings adjacent to residential to be emergency exits only;

·         Landscaping to be installed along southern boundary prior to building construction;

 

A number of residents are opposed to this project.  Their concerns are:

·   Additional commercial is not needed in this area.

·   Current commercial has a high vacancy rate.

·   Increased traffic and need for signalized intersection.

·   Buildings too close to their back yards.

·   Proposed buffer is not sufficient.

·   No parking along the southern boundary.

·   Lighting spill over on to their property.

·   Types of buffer trees to be use.  Creating debris in their back yards.

 

TAB concerns and opinions:

·   The area is under served commercially.

·   The lack of local commercial creates addition traffic to obtain goods and services.

·   The area has been planned for commercial general for more than 12 years.

·   Signage and lighting were not covered in the application.

·   To date, no tenants have been signed.

·   Any significant change to plans should be a public hearing, given the resident interest.

·   Rear doors adjacent to residential could be used for deliveries.

·   The project is significantly over parked.  101 excess slots west, 8 excess slots east

·   Parking could be eliminated along the southern boundary

 

The TAB recommends a Design Review for lighting and signage as a public hearing.  The TAB added three conditions:

·   Significant change to plans should be a public hearing.

·   The rear doors adjacent to residential to be emergency exits only.

·   The landscaping along the southern boundary be installed prior to the building construction to better shield the residents. 

·   It was suggested the applicant and the residents meet to discuss the type of trees to be installed.

 

7.         ZC-0072-16 – NAPO1 LLC, ET AL:

ZONE CHANGE to reclassify 2.5 acres from R-E (Rural Estates Residential) Zone to M-D (Designed Manufacturing) Zone in the CMA Design Overlay District.

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) increased wall height; 2) reduced setbacks for a decorative fence; 3) allow alternative landscaping; 4) reduced setbacks for a gate; and 5) waive enhanced paving along pedestrian circulation routes.

DESIGN REVIEW for a data center on 3.8 acres in a M-D (Designed Manufacturing) Zone.  Generally located on the north and south sides of Capovilla Avenue and the west side of Edmond Street (alignment) within Enterprise (description on file).  ss/pb/xx  (For possible action) 03/16/16 BCC

 

APPROVE per staff conditions

 

8.         UC-0030-16 – CRAMER-STEPNIK, MARY A. REV TRUST:

USE PERMIT for the proposed retail sale of landscape materials (rocks).

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) design standards for a temporary modular structure; 2) street landscaping requirements; 3) eliminate parking lot landscaping; 4) eliminate loading space; 5) eliminate trash enclosure; 6) on-site paving; and 7) full off-site improvements (excluding minimum paving).

DESIGN REVIEW for a landscape material (rocks and concrete pavers) retail/wholesale and storage facility including a modular building on 2.1 acres in an M-1 (Light Manufacturing) Zone in the MUD-3 Overlay District.  Generally located on the northwest corner of Oleta Avenue and Mann Street, 300 feet south of Blue Diamond Road within Enterprise.  SB/mk/ml (For possible action) 03/02/16 BCC

PREVIOUS ACTION

Enterprise TAB February 10, 2016: HELD to the February 24, 2016 TAB meeting per prior request of the applicant. (Not previously heard)

 

APPROVE per staff recommendations and conditions

 

The TAB is concerned with the temporary nature of the project and no firm idea of how long this use will be in place.  The applicant stated that some of the internal area will be paved rather than with type 2 gravel.  This will help with dust control.

 

The staff has recommended a 1-year review.  This is appropriate given the projects temporary nature.

 

The TAB recommendation was identical to the staff recommendation.  “Approval of the use permit, waivers of development standards # 1 through #6, and the design review; and denial of waiver of development standards #7.”

 

9.         ZC-0836-15 – VISION QUEST DEVELOPMENT COMPANY, LLC; ET AL:

ZONE CHANGE to reclassify 3.5 acres from R-E (Rural Estates Residential) P-C (Planned Community Overlay District) Zone to C-1 (Local Business) P-C (Planned Community Overlay District) Zone. 

USE PERMIT for a proposed mini-warehouse facility.

WAIVER OF CONDITIONS of a Concept Plan (MP-0420-02) requiring a 30 foot wide buffer along the north, east, south, and portions of the west boundaries of the northeast RNP area, the buffer will be designed in accordance with the exhibit submitted at the Planning Commission meeting, and shall be installed concurrently with the development of projects adjacent to the RNP area.

DESIGN REVIEW for a proposed mini-warehouse facility in the Mountain’s Edge Master Planned Community.  Generally located on the southwest corner of Rainbow Boulevard and Richmar Avenue within Enterprise (description on file).  SB/rk/ml  (For possible action) 03/01/16 PC

PREVIOUS ACTION

Enterprise TAB January 27, 2016: (The applicant did not appear nor did the TAB receive prior notice of the applicant's intentions.)  The TAB motion: Request that the Planning Commission return this application to the February 24, 2016 TAB meeting.  (Not previously heard)

NOTE #1: On the agenda for this TAB meeting this application is noted as scheduled for the March 1 Planning Commission meeting.  However, at the February 16 PC meeting this application was held to the March 15 Planning Commission meeting and then to the April 20 Board of County Commission meeting.

NOTE #2: The TAB recorded in its previous action that the applicant did not appear at the January 27, 2016 TAB meeting as scheduled on that agenda.  Note that the applicant was incorrectly informed by county staff as to the original date of the hearing of his application and that is the reason for his absence at that hearing. 

 

APPROVE Zone Change with a Resolution of Intent to C-1 zone district to April 1, 2019 limited to mini warehouse facility use only;

APPROVE Use Permit;

DENY  Waiver of Conditions;

DENY Design Review;

ADD Current Planning conditions:

·         The "C" building west elevation to be similar to the "A" building  east elevation;

·         Design Review as a Public Hearing for significant changes to plans;

·         Hours of operation to be Clark County standard daylight hours: 6:00 a.m. to 10:00 p.m.

Per staff conditions

 

The RNP residential neighbors presented the following:

·   The C-1 zone change is ok as long as the project is restricted to mini warehouse use only.

·   The 30 ft. buffer/horse trail should be maintained.

·   Lighting and signage should be limited.

·   Concerned with the undeveloped portion of the applicant’s property.

·   Concerned with access to Richmar Ave.

·   Concerned with hours of operation.

 

TAB concerns:

·   The applicant's plot plan showed two sections, southern mini warehouse, northern undeveloped.

·   The northern undeveloped section could be developed with a significantly more intense C-1 use.

·   Only 7.5 feet was dedicated to the horse trail.

·   3 ft. buffer for the horse trail was not included.

·   Canon like effect created along horse trail by the western building.

·   The 30 ft. buffer status has not been settled by the County.

·   Western elevation of building C is a long stark wall.

 

Two possible courses of action were presented to the applicant: 1. hold the item until the trail/buffer issue is resolved or, 2. TAB make recommendation on the information available.  The applicant did not want to hold the item.

 

The TAB recommends a ROI to C-1 restricted to mini warehouse only.  The TAB is not comfortable to place a C-1 zone district on northern section with no plan.  There are many C-1 uses not appropriate for this location that could not be blocked once the entitlement has been granted.  There is sufficient room on this property to redesign the building and accommodate the entire trail/buffer.

 

The building C western elevation should be enhanced to eliminate the long stark block wall appearance.  The TAB recommend this elevation be similar to the eastern elevations.  This complies with urban land use policy #78

 

Encourage architectural treatments on all building sides to eliminate blank building elevations along public rights-of-way and areas visible to the general public to improve visual quality.“  The western elevation will be visible from Richmar Ave.

 

Given the residents' interest in this project any significant changes to the presented plans should be reviewed as a public hearing.

 

The TAB reopened the hearing to add the operating hours condition.  The TAB recommended the hours of operation be limited to the County daylight hour standard due to the adjacent residential property.

 

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.