ENTERPRISE TAB WATCH

Results

March 30, 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

NONE

 

ZONING AGENDA:

 

1.                  TM-0122-15 – ZAK MAK, LLC, ET AL:

AMENDED HOLDOVER TENTATIVE MAP consisting of 67 (previously notified as 65) single family residential lots on 37.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the east and west sides of Tenaya Way and the north and south sides of Ford Avenue within Enterprise.  SB/gc/ml  (For possible action) 04/06/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting per agreement to hold a final neighborhood meeting. (Previously heard)

HELD per prior request of the applicant to the April 13, 2016 TAB and the April 20, 2016 BCC

 

2.                  VS-0409-15 – ZAK MAK, LLC, ET AL:

AMENDED HOLDOVER VACATE AND ABANDON easements of interest to Clark County located between Wigwam Avenue and Ford Avenue (alignment), and between Monte Cristo Way (alignment) and Belcastro Street (alignment), and a portion of right-of-way being Cougar Avenue located between Monte Cristo Way and Tenaya Way (alignment) (right-of-way vacation no longer needed) within Enterprise (description on file).  SB/gc/ml  (For possible action) 04/06/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting per agreement to hold a final neighborhood meeting. (Previously heard)

HELD per prior request of the applicant to the April 13, 2016 TAB and the April 20, 2016 BCC

 

3.                  WS-0408-15 – ZAK MAK, LLC, ET AL:

AMENDED HOLDOVER WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduced lot area (previously not notified); 2) allow single family residential lots to front a collector street (previously not notified); and 3) off-site improvements (curb, gutter, sidewalks, streetlights, and partial paving) (previously not notified). 

DESIGN REVIEWS for the following: 1) a single family residential development; and 2) increased finished grade (previously not notified) on 37.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the east and west sides of Tenaya Way and the north and south sides of Ford Avenue within Enterprise.  SB/gc/ml  (For possible action) 04/06/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting per agreement to hold a final neighborhood meeting. (Previously heard)

HELD per prior request of the applicant to the April 13, 2016 TAB and the April 20, 2016 BCC

 

4.                  TM-0021-16 – stra holding, llc:

TENTATIVE MAP for a commercial subdivision on 8.4 acres in a C-2 (General Commercial) Zone and C-2 (General Commercial) (AE-60) Zone in the MUD-3 and MUD-4 Overlay Districts.  Generally located on the north side of St. Rose Parkway, 200 feet west of Amigo Street within Enterprise.  ss/pb/ml  (For possible action) 04/05/16 PC

APPROVED per staff conditions

 

5.                  UC-0111-16 – CHAIYA MEDITATION MONASTERY:

USE PERMIT for a place of worship (monastery).

DESIGN REVIEW for a monastery on 0.6 acres in an R-1 (Single Family Residential) Zone.  Generally located on the east and west sides of Virtue Court, 170 feet north of Santoli Avenue within Enterprise.  ss/pb/ml  (For possible action) 04/19/16 PC

APPROVED per staff conditions and,

ADD Current Planning conditions:

·         Execute a shared parking agreement with APN# 17610801004 (the property to the north);

·         Design Review as a public hearing for lighting;

 

The use permit is appropriate in this location.

The neighbor just west of this project objected to the building height. 

The TAB found:

·      The building height is a maximum of 35 ft. in compliance with the code.

·      The rear yard setback is 20 feet, greater than required by the code.

·      The residential appearance fits in the neighborhood.

·      The building meets or exceeds all the residential setbacks for the zone district.

·      The building could be moved 2 feet closer to the street.

The TAB is concerned that 5 parking places are not sufficient for 8 bedrooms in each building.  There are three ANPs, all owned by the same entity.  The concern is if the proposed buildings were sold in the future there would be insufficient parking verses the number of possible residents.  The TAB recommendation is a shared agreement should be executed.

The TAB also recommends the lighting be reviewed as a public hearing due to adjacent residential.

 

6.                  UC-0117-16 – 8480 SOUTH, LLC:

USE PERMIT for packaged liquor sales (liquor store) within an existing retail building on a portion of 0.9 acres in an H-1 (Limited Resort and Apartment) Zone and a C-2 (General Commercial) Zone in the MUD-1 Overlay District.  Generally located on the east side of Las Vegas Boulevard South and the north side of Wigwam Avenue within Enterprise.  SS/gc/ml  (For possible action) 04/19/16 PC

APPROVED per staff conditions

 

7.                  UC-0128-16 – ROBINDALE, LLC:

USE PERMITS for the following:  1) allow accessory structures (garages) not architecturally compatible with the principal structure; and 2) allow alternative design standards in conjunction with an existing single family residence on 1.4 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the northeast corner of Robindale Road and Fairfield Avenue within Enterprise.  SS/gc/ml  (For possible action) 04/19/16 PC

DENY

 

The applicant’s position is that approval would circumvent the need to meet the architecturally compatible requirement of stucco exterior finish and tile roof.  The applicant did not have elevations or pictures of the proposed structure.  The only image he provided was a web picture on his cell phone of a similar building. 

The TAB considered:

·      Cumulative square footage of both buildings would be only slightly less than the footprint of the primary residence.

·      Because each building was under 50% of the foot print of the residence and collectively did not exceed 100% of the footprint of the resident, no waiver is required.

·      The TAB agreed with the staff position that the proposed garages do not preserve or enhance the residential area.

·      The mass of both building does not fit in the neighborhood.

·      The proposed landscaping was not adequate to break up the appearance of the metal exterior construction and design of the buildings.

 

8.                  UC-0129-16 – JAMAIL, MICHAEL L.:

USE PERMITS for the following: 1) allow the area of existing accessory buildings/structures to be more than 50% of the area of a proposed single family residence; and 2) allow the total area of all existing accessory buildings/structures to be more that the area of a proposed single family residence. 

WAIVERS OF DEVELOPMENT STANDARDS for the following:  1) permit an existing solid block wall within the front yard area; and 2) increase wall height for existing walls in conjunction with a single family residence on 1.9 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the south side of Pebble Road and the east side of Edmond Street within Enterprise.  SB/al/ml  (For possible action) 04/19/16 PC

APPROVED per staff conditions

 

This application is interesting because it involves legal non-conformity, see the note below.  The current structures were built before the accessory structure code was developed.  The applicant has home plans that cannot be finalized because the current structures are not in compliance with the current code.  The use permit established the legal non-conformity and allows development to proceed.

NOTE:

Legal Nonconforming Building, Lot, Structure or Use” means the lawful use of the aforementioned or portion thereof, existing at the time this Title or amendments take effect, and which does not conform to all current Code requirements.

 

9.                  VS-0137-16 – Scotty’s junction, llc:

VACATE AND ABANDON a portion of right-of-way being the 215 Beltway/off ramp located between Decatur Boulevard and Ullom Drive within Enterprise (description on file).  SS/co/ml  (For possible action) 04/19/16 PC

APPROVED per staff conditions

 

10.              WS-0131-16 – CENTURY COMMUNITIES NEVADA, LLC:

WAIVER OF DEVELOPMENT STANDARDS for reduced rear setbacks in conjunction with an approved single family residential development on 5.0 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the west side of El Capitan Way and the north side of Le Baron Avenue within Enterprise.  SB/dg/ml  (For possible action) 04/19/16 PC

APPROVED per staff “if approved” conditions

 

The TAB considered the following:

·      The applicant has requested the setback reduction to add a model that can be built as a one or two story home. 

·      This model will only fit on the 9 lots requested for the waiver.

·      The applicant stated, the setback reduction requested is reduced to 6 inches.

·      It is unlikely that the new model would be built on all nine lots requested.

·      The other models are two story homes and fit on all lots.

·      In Enterprise single story homes are in demand.

The TAB considered the new model an enhancement to the neighborhood as a result the setback waiver should be granted.

 

11.              WS-0135-16 – LJC PROPERTIES, LLC:

WAIVER OF DEVELOPMENT STANDARDS for off-site improvement requirements for a minor subdivision (traffic control device, curb, and gutter) in conjunction with a parcel map on 1.0 acre in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the west side of Lindell Road, 450 feet south of Shelbourne Avenue within Enterprise.  SB/mk/ml (For possible action) 04/19/16 PC

APPROVED per staff conditions

 

The neighbors desire that Lindell Rd. be constructed to rural standards.  In this case, Public Works agrees with the waiver of development standards.  The TAB agrees.

The neighbors are very upset with the applicant.  The applicant has illegally graded the desert, BLM land, to the west of their property.  This has been reported to the BLM and County dust control.  Initially, the neighbors wanted the TAB to deny this application due to the illegal grading. 

The TAB explained that denying this application would result in the full offsites being built on Lindell Rd. adjacent to the applicant’s property.  The neighbors related that was not their desire and Lindell Rd. should remain rural standards.

 

12.              DR-0127-16 – AGATE SENIORS, II, LLC:

DESIGN REVIEW for site and building lighting in conjunction with an approved senior housing development that is currently under construction on 5.0 acres in an R-4 (Multiple Family Residential - High Density) Zone in the MUD-1 Overlay District.  Generally located on the south side of Agate Avenue, 1,500 feet west of Las Vegas Boulevard South within Enterprise.  ss/dg/ml  (For possible action) 04/20/16 BCC

APPROVED per staff conditions

 

13.              DR-0138-16 – SMITH PAYNE INVESTMENTS, LLC:

DESIGN REVIEW for a comprehensive sign plan for an approved vehicle (motorcycle, recreational, and watercraft) sales and repair facility on 1.4 acres in a C-2 (General Commercial) Zone in the CMA Design Overlay District.  Generally located on the east side of Jones Boulevard, 400 feet north of Warm Springs Road within Enterprise.  SS/dg/ml (For possible action) 04/20/16 BCC

APPROVED per staff conditions

 

14.              TM-0028-16 - ROOHANI, KHUSROW:

TENTATIVE MAP consisting of 9 single family residential lots and common lots on 5.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the north side of Wigwam Avenue and the west side of Warbonnet Way within Enterprise.  SB/dg/ml  (For possible action) 04/20/16 BCC

HELD per prior request of the applicant to the April 27, 2016 TAB and the May 18, 2016 BCC

 

15.              UC-0132-16 – RICHMOND LIMITED PARTNERSHIP:

USE PERMITS for the following: 1) reduce the separation for a proposed convenience store/gasoline station; and 2) reduce the separation for a proposed vehicle wash.

DESIGN REVIEW for a proposed convenience store with gasoline station and vehicle wash on a portion of 4.5 acres in a C-2 (General Commercial) (AE-60) Zone in the MUD-3 Overlay District.  Generally located on the northwest corner of Maryland Parkway and St. Rose Parkway within Enterprise.  SS/jt/ml  (For possible action) 04/20/16 BCC

DENY

 

The applicant’s position is that the November 2006 approval for a convenience store with gas pumps and car wash is a reason for approving the current application.  The TAB considered the following:

·               The previous application for a C store gas pumps and car wash expired July 2011.

·               In 2010 homes were constructed adjacent to this property.

·               The setback requested does not protect the neighbors.

·               This is an irregularly shaped property with significant problems.

·               The undeveloped western portion is effectively blocked by the tavern.

·               Very difficult to mitigate the sound from a vehicle wash 61 or 75 feet away.

·               Operating hour restriction on the vehicle wash is not an effective mitigation.

·               The northern entrance from Maryland Pkwy. is even closer to the residences and the increased 24-hour traffic cannot be effectively mitigated if this project is allowed to proceed.

The TAB opinion is this site is not suitable for a 24-hour convenience store with gas pumps and vehicle wash due to the close proximity of residential and ineffective sound mitigation.

 

16.              UC-0154-16 – RI HERITAGE INN FLINT, INC:

USE PERMITS for the following:  1) retail sales; 2) restaurants; 3) personal services; 4) jewelry store; and 5) offices in conjunction with a proposed commercial center.

DESIGN REVIEW for a proposed commercial center in conjunction with a hotel currently under construction on 3.0 acres in an H-1 (Limited Resort and Apartment) Zone in the MUD-1 Overlay District.  Generally located on the north side of Robindale Road, 700 feet east of Las Vegas Boulevard, South within Enterprise.  SS/al/ml  (For possible action) 04/20/16 BCC

Applicant did not appear

HOLD to the April 13 TAB meeting

 

17.              VS-0147-16 - ROOHANI, KHUSROW:

VACATE AND ABANDON easements of interest to Clark County located between Camero Avenue and Wigwam Avenue, and between Warbonnet Way and Valadez Street within Enterprise (description on file).  SB/dg/ml  (For possible action) 04/20/16 BCC

HELD per prior request of the applicant to the April 27, 2016 TAB and the May 18, 2016 BCC

 

18.              WS-0123-16 – WALTER, DUSTIN:

WAIVER OF DEVELOPMENT STANDARDS for off-site improvements (curb, gutter, sidewalks, streetlights, and partial pavement) in conjunction with a proposed single family residential development on 2.4 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the northeast corner of Gilespie Street and Cougar Avenue within Enterprise.  SS/al/ml  (For possible action) 04/20/16 BCC

APPROVE per staff "if approved" conditions

 

Gilespie in this area has been develop to rural roads standards and the applicant desires to keep Gilespie St. rural.  If Gilespie St. would be developed to full offsites, it would create an anomaly in the established road pattern.  The TAB has consistently recommended that collectors within or adjacent to the RNP-1 be developed to rural road standards.  The reduced pavement width is the only traffic mitigation measure that the county has provided for the RNPs.

 

19.              WS-0130-16 – HARRISON KEMP & JONES 401 PLAN:

WAIVERS OF DEVELOPMENT STANDARDS for the following:  1) permit an animated sign (video unit) where not permitted; 2) increase freestanding sign area; and 3) increase freestanding sign height in conjunction with an approved retail center.

DESIGN REVIEW for a comprehensive sign plan in conjunction with an approved retail center on 2.2 acres a C-1 (Local Business) Zone.  Generally located on the north side of Cactus Avenue, 340 feet east of Valley View Boulevard within Enterprise.  SB/al/ml  (For possible action) 04/20/16 BCC

DENY Waiver of Development Standards #1;

The applicant withdraws Waivers of Development Standards # 2 & #3;

APPROVE Design Review with conditions:

·         Free standing sign not to exceed 25 feet in height;

·         Applicant to use one free standing sign or one monument sign but not both;

·         Design Review as a public hearing for wall signs;

 

The applicant's design package is too intense for the neighborhood and sets a poor precedent for additional signage along Cactus Ave.  The TAB considered the following:

·            The applicant has withdrawn Waiver of Development Standards 2 and 3.

·            The applicant stated they have acquired an addition 7.5 acres to north and west of this site.

·            Of the 10 acres, only this property borders on Cactus Ave.

·            No plans exist for the additional 7.5 acres.

·            The intensity of the current package was necessary due to the additional acreage.

·            The TAB only considered signage for the 2.2 acres in this application.

·            Residential properties are in close proximity to this development.

·            The internal wall signs would face established homes to the east with no intervening street.

·            Applicant's position is, because there is undeveloped commercial property directly to the east, it is then OK to point wall signs toward the established residential.

·            Video signs are not appropriate due to the close proximity of residential.

·            The max freestanding sign height is not warranted in this location.

·            Too many signs are requested for 2.2 acres.

·            No tenants have been signed and their sign requirements could not be determined.

The TAB opinion is this property can be served by one monument sign or one free standing sign not more than 25 feet high.  When the tenants are determined the signage for each location can be determined in a public hearing that considers the nearby residential properties.

 

20.              WS-0140-16 – D.R. HORTON, INC:

WAIVER OF DEVELOPMENT STANDARDS to increase block wall height.

DESIGN REVIEW for increased finished grade in conjunction with an approved single family residential development on 5.0 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the northeast corner of Buffalo Drive and Camero Avenue within Enterprise.  SB/dg/xx  (For possible action) 04/20/16 BCC

APPROVED per staff conditions

 

21.              WS-0146-16 – ROOHANI, KHUSROW:

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduced gross lot area; 2) increased wall height; and 3) full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights).

DESIGN REVIEW for a single family residential development on 5.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the north side of Wigwam Avenue and the west side of Warbonnet Way within Enterprise.  SB/dg/ml  (For possible action) 04/20/16 BCC

HELD per prior request of the applicant to the April 27, 2016 TAB and the May 18, 2016 BCC

 

22.              WS-0159-16 – MOUNTAIN BLUE 12 IRREVOCABLE BUSINESS TRUST:

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights) along Pebble Road and Rainbow Boulevard; and 2) drainage study in conjunction with a minor subdivision parcel map on 12.5 acres in an R-E (Rural Estates Residential) Zone and an H-2 (General Highway Frontage) Zone in the MUD-3 Overlay District.  Generally located on the south side of Pebble Road and east side of Rainbow Boulevard within Enterprise.  SB/rk/xx  (For possible action) 04/20/16 BCC

HELD per prior request of the applicant to the April 13, 2016 TAB

 

23.              DR-0097-16 – DP 20130702 VALLEY VIEW, LLC:

DESIGN REVIEWS for the following: 1) a proposed single family residential development; and 2) increased finished grade on approximately 7.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southeast corner of Valley View Boulevard and Arby Avenue within Enterprise.  SS/rk/ml  (For possible action) 04/20/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting and the 4-20-16 Board of County Commissioners meeting per prior request of the applicant. (Not previously heard)

HELD per prior request of the applicant to the April 27, 2016 TAB

 

24.              TM-0020-16 – DP 20130702 VALLEY VIEW, LLC:

TENTATIVE MAP consisting of 12 single family residential lots and common lots on approximately 7.5 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southeast corner of Valley View Boulevard and Arby Avenue within Enterprise.  SS/rk/ml  (For possible action) 04/20/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting and the 4-20-16 Board of County Commissioners meeting per prior request of the applicant. (Not previously heard)

HELD per prior request of the applicant to the April 27, 2016 TAB

 

25.              VS-0096-16 – DP 20130702 VALLEY VIEW, LLC:

VACATE AND ABANDON easements of interest to Clark County located between Arby Avenue and Capovilla Avenue (alignment) and between Valley View Boulevard and Procyon Street within Enterprise (description on file).  SS/rk/ml  (For possible action) 04/20/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting and the 4-20-16 Board of County Commissioners meeting per prior request of the applicant. (Not previously heard)

HELD per prior request of the applicant to the April 27, 2016 TAB

 

26.              WS-0071-16 – D.R. HORTON, INC:

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduced setbacks; and 2) increased wall heights.

DESIGN REVIEW for revised home models in conjunction with an approved single family residential development on 11.7 acres in an R-D (Suburban Estates Residential) Zone and an R-1 (Single Family Residential) Zone.  Generally located on the north and south sides of Haleh Avenue, 300 feet west of Dean Martin Drive within Enterprise.  SB/dg/ml  (For possible action) 04/20/16 BCC

PREVIOUS ACTION

Enterprise TAB March 9, 2016: HELD to the March 30, 2016 TAB meeting and the 4-20-16 Board of County Commissioners meeting per prior request of the applicant. (Not previously heard)

APPROVED per staff “if approved” conditions

 

DR Horton is proposing an excellent set of models for this neighborhood and the neighbors are in agreement.

At first look the number of waivers looks excessive.  Only, the Waiver of Development Standard 2 will be required.  The applicant has examined all their proposed home plans verses lot sizes.  The requested waivers are those that may be needed if a particular model is built on some lots.  If these models are not selected for those lots the waivers will not be required.  This reduces the actual number of waivers that will be used.  It also allows the developer to provide a range of model and lot selections to their customers.

 

GENERAL BUSINESS:

 

1.   Receive a report from the Sub-Committee on Accessory Structures.  (For Possible Action)

Draft report with information from the subcommittee was distributed for review.

Postpone discussion to the April 13 TAB meeting

 

2.  Discuss having traffic and drainage studies submitted with non-conforming zone changes.  (For Possible Action)

Traffic and drainage studies should be up-front on all applications

Appropriate conditions could be suggested if traffic and drainage studies were done prior to approval.

Should increase scope of drainage studies to also determine how drainage affects neighboring properties; not just in/out of applicant's property

Consider separating zone change from design review – although not recommended

Need to give land use boards more information

Traffic Sub-Committee to draft a report to TAB.

 

3.  Discuss equestrian trails and road crossings particularly on Warm Springs at Western Trails Park.  (For Possible Action)

Discussion with traffic managers, design & development services, traffic management, and planning staff

Study did not show adequate equestrian use at this site

Lack of use does not merit cost of signalized crossing

TAB reasoning is that installation of crossing would encourage use but because of roadway issues it would not get used

Current roadway conditions and no cross walk at Warm Springs Road and the Equestrian Trails Park discourage equestrian use

Children crossing Warm Springs are a big safety problem at the horse park

Traffic on Warm Springs is detrimental to horse crossing

White-stripe crossing may have questionable effectiveness with horses

Need traffic mitigation on Warm Springs between Valley View and Decatur: may not happen till road is developed

Clarification: horse trail crosses Warm Springs only at Arville; not Rogers or Cameron

Hope for signalized crossing at Arville when Warm Springs is developed

No action taken

 

4.  Discuss submitting letter to County Commissioners regarding protection of the proposed Arden Rail Business Park. (For possible action)

Chair to sign and forward letter.

 

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.