ENTERPRISE TAB WATCH

Results

June 1, 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

 

Metro First Tuesday, June 7, will meet at the Windmill Library at 7:00 p.m., and will be serving pizza at 6:30 p.m.  They will be addressing a variety of subjects including national safety month, gun law info, 4rth of July safety measures, vacation and travel tips.

 

REPORT

          Receive a report regarding the use and storage of dumpsters in residential areas.

County Staff: Jason Allswang and Alex Ortiz

 

What’s the issue?

 

·  For single family and duplex residential, CCC Section 9.04.150 requires containers to be on private property behind the front yard.

·  Containers may be placed in the right-of-way after 2 pm on the day before collection day until midnight on collection day.

·  Large containers and Dumpsters are difficult to move.

·  Leaving them in the street can be dangerous.

·  Some lots do not have adequate space to place containers outside of the front yard.

·  Containers be intrusive to neighbors or occupants.

·  Leaving them in the front yard is a violation.

 

Proposed solution for right-of-way

 

·  Allow containers in the right-of-way when the street is not fully improved:

o       At the edge of the right-of-way but no closer than 12 feet from the edge of the pavement and in no case may it be on a sidewalk.

o    Must be clear of sight zones.

o    Reflectors or reflective tape must be permanently affixed to all four corners of all four sides.

o    Establish minimum lot size for any container larger than 96 gallons.

·  Remove language prohibiting the storage of containers in front yards.

·  Establish minimum lot size for any container larger than 96 gallons.

 

 Proposed solution for front yards

 

·  Remove language prohibiting the storage of containers in front yards.

·  Establish minimum lot size for any container larger than 96 gallons.

 

Implementation

 

·  Develop new ordinance.

·  Allow 6 months for compliance with new regulations.

·  Notify affected citizens by mail of the new regulations.

·  Potential pilot program area with a shorter timeline for compliance.

 

Enforcement after phase-in

 

·  Notify residents by certified mail that their container is in violation and provide 5 days to correct the violation or the container will be impounded.

·  Impounded containers will be subject to a fee if reclaimed. 

o                   The fee will be developed to cover costs involved in removing the container.

·  The owner or renter of the container must pick up the container. 

o                   Republic Services may pick up their containers within 30 days.

·  Impounded containers not reclaimed within 30 days will be destroyed.

 

Additional considerations

 

·  Temporary use of roll-off Dumpsters

o                   Prior to placement in the right-of-way a permit must be obtained from Public Works.

o                   Placement on private property may only be for the duration of an approved construction project and must be removed when the construction is complete.

 

Questions and discussion by the public and board:

·      Twelve foot set-back from roadway is not practical on a 60 foot local road.

·      Set-back could be based on speed limits or type of road for different standards.

·      New front yard standards are good.

·      Question of whether Republic Service or the home owner is responsible for placement of the dumpster.

·      The home owner is responsible.

·      Problem is that home owners do not have the capability of moving a heavy dumpster.

·      Home owners should use containers that they are capable of moving around.

·      Home owners want Republic Services to be responsible for placing dumpsters.

·      Reflector on the dumpsters need to be large enough.

·      Zoning is better measure than minimum lot size in determining dumpster allowance.

 

 

ZONING AGENDA:

 

1.         UC-0254-16 – ADF-BUFFALO, LLC:

USE PERMITS for the following:  1) reduce the separation of a convenience store from a residential use; 2) reduce the setback of a gasoline station from a residential use; and 3) reduce the setback of a vehicle wash facility (automobile) from a residential use. 

WAIVER OF DEVELOPMENT STANDARDS for modified street standards. 

DESIGN REVIEWS for the following:  1) convenience store; 2) gasoline station; and 3) vehicle wash facility on a portion of 5.1 acres in a C-2 (General Commercial) Zone.  Generally located on the southeast corner of Buffalo Drive and Warm Springs Road within Enterprise.  SS/gc/ml  (For possible action) 06/08/16 BCC

PREVIOUS ACTION

Enterprise TAB May 11, 2016: HELD to the June 1, 2016 TAB meeting per request of the applicant for staff to provide analysis on revisions.  (Previously heard)

 

DENY

 

The TAB opinion is the character of the area southeast of Buffalo Drive and Warm Springs was significantly altered in 2013 by non-conforming zone changes.  The zone changes established residential in what was 30 acres of Commercial General land use (now down to only the applicants’ 5 acres).  The shift to residential has imposed additional setback requirements on the parcel that was zoned C-2 in 2005. 

 

This is a case where non-conforming zone changes have removed opportunities for employment and commercial ventures outside of the land use update cycle.

 

The TAB did not note any objections being made to the residential shift during the 2013 non-conforming zone change hearings.

 

The applicant has revised the original plans to increase the setback distance from the residential and provided a significant buffer on the eastern boundary line. However, the smallest set back still requires a 48% reduction.

 

The applicant is using only 1.3 acre of a 5-acre plot.  The TAB asked about alternate building arrangement along the western property line but the applicant was not interested in any alternate configuration to increase the setbacks.

 

The TAB agrees with the staff statement, “The reductions in setback will negatively impact the residential development to the east, especially since such facilities are typically open 24 hours.”

 

Without further significantly increased setback distances or shielding by a building the TAB recommends this application be denied.

 

2.         VC-0159-13 (ET-0052-16) – jones crossing 2, llc:

VARIANCES SECOND EXTENSION OF TIME to complete the following: 1)  increased building height; 2)  reduced front yard setback; and 3)  reduced rear yard setback in conjunction with a single family residential development on 29.8 acres in an R-2 (Medium Density Residential) Zone in the Pinnacle Peaks Concept Plan Area.  Generally located on the south side of Windmill Lane, approximately 475 feet east of Jones Boulevard within Enterprise.  SB/jvm/ml  (For possible action) 06/21/16 PC

 

APPROVE per staff conditions

 

3.         NZC-0271-16 – cougar-jones investments, llc:

ZONE CHANGE to reclassify 1.8 acres from M-1 (Light Manufacturing) Zone, H-2 (General Highway Frontage) Zone, and R-E (Rural Estates Residential) Zone to M-1 (Light Manufacturing) Zone in the MUD-2 Overlay District.

DESIGN REVIEW for outside storage.  Generally located on the southeast corner of Pebble Road and El Camino Road within Enterprise (description on file).  sb/pb/ml  (For possible action) 06/21/16 PC

 

APPROVE per staff conditions

 

The zone change is the result of two factors.  First, is the property is divided into three zone districts.  Second, the non-conforming zone change to consolidate the zoning into one zone district is a condition imposed by the approval of UC-0404-15.

 

4.         UC-0276-16 – NEWHALL, AUGUSTINA OGO:

USE PERMIT for a day care facility in conjunction with an existing single family residence on 0.1 acres in an R-2 (Medium Density Residential) Zone.  Generally located on the north side of Dragonslayer Avenue, 50 feet west of Shallot Court (alignment) within Enterprise.  SS/dg/raj  (For possible action) 06/21/16 PC

 

The applicant did not appear.  HOLD to the June 15 TAB meeting.

 

5.         UC-0317-16 – R W S RETAIL, LLC:

USE PERMIT to allow on-premises consumption of alcohol (service bar) in conjunction with a proposed restaurant within a retail center on a portion of 2.0 acres in a C-1 (Local Business) Zone.  Generally located on the southwest corner of Rainbow Boulevard and Warm Springs Road within Enterprise.  SS/mk/mcb (For possible action) 06/21/16 PC

 

APPROVE per staff conditions

 

6.         VC-0294-16 – IOTA TUSCAN, LLC:

VARIANCE to reduce side yard setback for an approved single family residential subdivision on a portion 87.2 acres in an R-E (Rural Estates Residential) and R-2 (Medium Density Residential) P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community.  Generally located 1,200 feet north of Stonewater Lane, 1,150 feet west of Southern Highlands Parkway within Enterprise.  SB/rk/raj  (For possible action) 06/21/16 PC

 

APPROVE per staff conditions

 

7.         VS-0280-16 – fernandez family trust dated june 20 1984:

VACATE AND ABANDON easements of interest to Clark County located between Valley View Boulevard and Polaris Avenue and between Cactus Avenue and Rush Avenue (alignment) within Enterprise (description on file).  SB/tk/ml  (For possible action) 06/21/16 PC

 

APPROVE per staff conditions

 

8.         VS-0300-16 – tfc holdings, inc:

VACATE AND ABANDON easements of interest to Clark County located between Sunset Road and Rafael Rivera Way, and between Rainbow Boulevard and Torrey Pines Drive within Enterprise (description on file).  SS/co/ml  (For possible action) 06/21/16 PC

 

APPROVE per staff conditions

 

9.         VS-0302-16 – tenney family trust:

VACATE AND ABANDON a portion of a right-of-way being Procyon Street located between Conn Avenue and Cactus Avenue within Enterprise (description on file).  SB/co/ml  (For possible action)  06/21/16 PC

 

APPROVE per staff conditions

 

10.       UC-0016-15 (AR-0054-16) - NOUVEAU RESORTS CORPORATION, ET AL:

USE PERMIT FIRST APPLICATION FOR REVIEW to allow deviations as shown per plans on file. 

DEVIATIONS for the following:  1) allow roof signs; and 2) all other deviations as depicted per plans on file.

DESIGN REVIEWS for the following:  1) roof signs; and 2) animated wall signs in conjunction with an approved timeshare hotel tower within an existing resort hotel complex (Silverton) on 74.8 acres in an H-1 (Limited Resort and Apartment) Zone and an H-1 (Limited Resort and Apartment) (AE-60 & AE-65) Zone in the MUD-2 Overlay District.  Generally located on the southeast corner of Blue Diamond Road and Dean Martin Drive within Enterprise.  SB/jvm/raj  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions

 

11.       DR-0309-16 – ROJUSA, LLC:

DESIGN REVIEW for an on-premises consumption of alcohol (tavern) building on a portion of 1.8 acres in a C-2 (General Commercial) (AE-60) Zone.  Generally located on the east side of Decatur Boulevard and the north side of Silverado Ranch Boulevard within Enterprise.  SB/dg/raj  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions and

ADD Current Planning conditions:

·         Design Review as a public hearing for signage.

·         Provide for cross access and parking agreements to the east and north if compatible uses are developed

 

Signage was not part of this application.  The TAB recommends a condition be added for a public design review for the signage.  The lighting is already installed on this parcel.

 

This lot is bordered by land designated for Commercial General use.  As the remaining land is developed, cross access and parking agreements should be put in place for the entire 10-acre area.

 

12.    TM-0042-16 – U.S.A., ET AL:

AMENDED HOLDOVER TENTATIVE MAP consisting of 56 (previously notified as 52) single family residential lots and common lots on a 35 acre (previously notified as 32.5 acre) portion of an overall 116.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the north side of Gomer Road (alignment), the east and west sides of Tenaya Way, and 1,000 feet west of Rainbow Boulevard within Enterprise.  SB/dg/ml  (For possible action) 06/22/16 BCC

PREVIOUS ACTION

Enterprise TAB April 27, 2016: HELD to the May 11, 2016 TAB meeting per prior request of the applicant.  (Not previously heard)

Enterprise TAB May 11, 2016: HELD to the June 1, 2016 TAB meeting per prior request of the applicant.  (Not previously heard)

 

APPROVE per staff conditions

 

The applicant stated the homes would front on Gomer Rd. The TAB is concerned because these lots are flag lots with access form the private street to the north and are shown that way on the tentative map.  On approval it will be the layout for construction.

 

Currently Gomer Rd. west of Rainbow Blvd. is being considered for reduction to a local road.  This would allow the homes to front on Gomer Rd. It would also require a revised tentative map and action to reclaim the right-of-way no longer needed.  The TAB was not comfortable in recommending the current tentative map with potential major changes along Gomer Rd. contemplated.  If the current design is used along Gomer St., it would be a significant negative to project design.

 

The applicant stated they would seek a waiver for homes to front on Gomer Rd., if Gomer Rd. was not reduced to a local road.

 

13.       UC-0265-16 – JOBSITE HOSPITALITY, LLC:

USE PERMITS for the following:  1) allow a proposed hotel in the M-D zone; and 2) increased building height. 

WAIVER OF DEVELOPMENT STANDARDS for reduced parking. 

DESIGN REVIEW for a proposed hotel on a portion of 7.3 acres in a C-2 (General Commercial) (AE-60) Zone and an M-D (Designed Manufacturing) (AE-60) Zone.  Generally located on the east side of Gilespie Street and the north side of Hidden Well Road within Enterprise.  SS/gc/ml  (For possible action)     06/22/16 BCC

 

APPROVE per staff conditions and,

ADD Current Planning condition:

·         Design Review as a public hearing for lighting and signage;

 

The hotel has a breakfast area.  However, there are no restaurants within a short walking distance.   The reduced parking should be dependent on the hotel offering van service.  The van service will reduce the need for personal vehicles, reducing the need for parking.

 

Lighting and signage were not part of this application.  The TAB recommends a Design Review as a public hearing for lighting and signage.

 

14.       UC-0305-16 – GILESPIE ERIE LLC, ET AL:

USE PERMIT for a private school.

WAIVERS OF DEVELOPMENT STANDARDS for the following:  1) increase building height; 2) alternative landscaping; and 3) off-site improvements (curbs, gutters, sidewalks, street lights, and partial width paving).

DESIGN REVIEW for a private school on a 10 acre portion of 14.4 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the southeast corner of Erie Avenue and Gilespie Street within Enterprise.  SS/al/ml  (For possible action) 06/22/16 BCC

 

DENY

 

There were 20 residents of the area present in opposition.  There were some people present in favor of the application but only a couple were residents of the area.  All the TAB members are keenly aware of the need for additional educational opportunities in Clark County.

 

The land use questions before the TAB were:

·   Is the school use permit appropriate for this location?

·   What effects will the waivers of development standards have on the neighborhood?

·   Does the building and property design fit in the neighborhood?

 

The TAB considered the following:

Proponents:

·   Top quality educational opportunity for K thru 8 students.

·   Chose this location due the most responses in the zip code.

·   Excellent on site circulation plan.

·   Attractive design and landscaping.

·   No lights on the athletic fields.

·   Parking over the required standard.

·   Approximately 1260 students.

·   Anecdotal evidence that approximately 30% will car pool.

·   Morning drop off can be accomplished in 20 minutes.

·   School is in secession for 180 days a year.

·   Reduced summer session.

·   Neighbors and area residents desire to send their children to this school.

 

Opposition:

·      Very disruptive to the RNP life style.

·      Most students are from outside the neighborhood.

·      Local road system is not designed to handle the traffic surge twice a day.

·      School traffic from nearby schools makes it difficult to travel during some hours.

·      The building is far bigger than any in the RNP.

·      The building is much taller than neighboring homes.

·      Desire to maintain rural life style and roads.

·      Design of the building does not blend with the surrounding neighborhood.

·      Disruptive to equestrian activities.

 

TAB comments and observations:

·   Internal flow for pickup and drop off is good.

·   Two TAB members independently drove the area.

o  Offsite traffic circulation is the problem.

o  TAB estimates 600 to 900 vehicle trips, twice a day, would be required for student transportation.

o  No school bus service is supplied.

o  The RNP road structure was not designed to handle the traffic surges.

o  Erie Ave. and Gilespie St. are not fully built out collector streets.

o  Both collectors are developed with one lane in each direction.

o  Gilespie is dirt for 330 ft. south of Chartan Ave., reduces traffic dispersion.

o  Traffic choke points are created, due to single lane configuration, where Erie Ave. and Gilespie St. intersect the next major cross road.

·   Fixing the area traffic flow would require a SID or expenditure of county funds.

·   Applicant did not suggest any area traffic mitigation measures after the residents raised the issue at the neighborhood meeting

·   Students would be coming from throughout the valley.

o     Once capacity is reached students are selected by lottery.

o     Does not meet nearby residents desire for their children to attend the school.

·   Siddall Ave. is not being dedicated. All developed properties along this road have been dedicated.

o  Applicant stated it is not needed because it has not been dedicated to the east.

o  Most property to the east is undeveloped and not required to dedicated Siddall until developed.

o  If the school is built Siddall Ave. will be need to help disperse traffic.

·   The building mass and height is too great for the area.

o  The mass of Liberty High school can be used to estimate the mass of the proposed building.

o  The LDS Church steeple is the tallest structure in the area and has very little mass.

o  Most homes in the area are single story below 25 ft.

o  Church projects in other Enterprise RNPs have been required to scale down their building mass well below this school’s mass.

o  The building design does not blend into the neighborhood.  Better suited to modern colonial areas.

 

One TAB member was supportive of the need for more and/or better schools.  Three TAB member’s felt the school is a good thing but in the wrong location.  This school is the equivalent of placing a large commercial venture into a RNP-1.  The school would seriously degrade the established rural lifestyle.

 

15.       VS-0332-16 – THM ENTERPRISES, INC.:

VACATE AND ABANDON easements of interest to Clark County located between Wigwam Avenue and Torino Avenue (alignment), and between Buffalo Drive and Jerlyn Street (alignment) within Enterprise (description on file).  SB/al/ml  (For possible action) 06/22/16 BCC

 

HOLD to the June 15 TAB meeting per agreement of the applicant for the applicant to hold a neighborhood meeting.

 

16.       ZC-0040-05 (WC-0058-16) – D.R. HORTON, INC.:

WAIVER OF CONDITIONS of a zone change requiring full off-sites to include paved legal access 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/ml  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions

 

17.       TM-0178-15 (WC-0059-16) – D.R. HORTON, INC.:

WAIVER OF CONDITIONS of a tentative map requiring full off-site improvements 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/ml  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions

 

18.       WS-0652-15 (WC-0060-16) – D.R. HORTON, INC.:

WAIVER OF CONDITIONS of a waiver of development standards requiring full off-site improvements 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/ml  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions

 

19.       WS-0140-16 (WC-0061-16) – D.R. HORTON, INC.:

WAIVER OF CONDITIONS of a waiver of development standards requiring full off-site improvements 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/ml  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions

 

20.       WS-0213-16 – U.S.A., ET AL:

AMENDED HOLDOVER WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) increased wall height; 2) full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights) along a collector street (Tenaya Way) and an arterial street (Gomer Road); and 3) reduced street intersection off-set (not previously notified).

DESIGN REVIEWS for the following: 1) proposed single family residential subdivision; and 2) increase the finish grade on a 35.0 acre (previously notified as 32.5 acre) portion of an overall 116.0 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the north side of Gomer Road (alignment), the east and west sides of Tenaya Way, and 1,000 feet west of Rainbow Boulevard within Enterprise.  SB/dg/ml  (For possible action) 06/22/16 BCC

PREVIOUS ACTION

Enterprise TAB April 27, 2016: HELD to the May 11, 2016 TAB meeting per prior request of the applicant.  (Not previously heard)

Enterprise TAB May 11, 2016: HELD to the June 1, 2016 TAB meeting per prior request of the applicant.  (Not previously heard)

 

WAIVERS OF DEVELOPMENT STANDARDS #1: Approve limited to the 5th section only in the development as described;

WAIVERS OF DEVELOPMENT STANDARDS #2 & 3: Approve

DESIGN REVIEW #1 & 2: Approve

Per staff conditions and,

ADD Current Planning condition:

·         Walls adjacent to public roads, wall height to be measured from the road center line elevation.

 

The neighbors and the developer have worked very closely together.  They have produced a project that will fit into the RNP and enhance their neighborhood.  The developer's intent is to produce an open look in the RNP similar to the established residences.

 

The developer agreed to limit the use of walls over 9 ft. to section 5 only as described in the staff agenda sheet. The TAB added this as a condition.

 

The TAB has consistently recommended that all streets within the RNP be developed to rural standards and has done so again by recommending approval of Waiver of Development Standards #2.

 

The TAB is concerned about the drainage through the private streets.  They asked if the water flow would prevent the residents from using the street during a rain storm.  The project engineer assured the TAB the streets would be usable.

 

The applicant stated the homes would front on Gomer Rd. The TAB is concerned because these lots are flag lots with access form the private street to the north and are shown that way on the tentative map.  On approval it will be the layout for construction.

 

Currently Gomer Rd. west of Rainbow Blvd. is being considered for reduction to a local road.  This would allow the homes to front on Gomer Rd. It would require a revised tentative map and action to reclaim the dedicated right-of-way no longer needed.  The TAB was not comfortable in recommending the current tentative map with potential major changes along Gomer Rd. contemplated.  If the current design is used along Gomer St., it would be a significant negative to project design due to long unbroken walls.

 

The applicant stated they would seek a waiver for homes to front on Gomer Rd., if Gomer Rd. was not reduced to a local road.

 

21.       WS-0331-16 – THM ENTERPRISES, INC.:

WAIVERS OF DEVELOPMENT STANDARDS for the following:  1) permit alternative landscaping; 2) waive off-site improvements (curbs, gutters, sidewalks, street lights & partial paving); and 3) street intersection off-set.

DESIGN REVIEWS for the following:  1) a proposed single family residential development; and 2) increase the finish grade for lots within a proposed single family residential subdivision  on 12.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the east side of Buffalo Drive and the north and south sides of Ford Avenue within Enterprise.  SB/al/xx  (For possible action) 06/22/16 BCC

 

HOLD to the June 15 TAB meeting per agreement of the applicant for the applicant to hold a neighborhood meeting.

 

22.       ZC-0266-16 – DMLV1, LLC:

ZONE CHANGE to reclassify 0.9 acres from R-E (Rural Estates Residential) (AE-65) Zone to M-D (Designed Manufacturing) (AE-65) Zone in the MUD-2 Overlay District.

DESIGN REVIEW for a proposed office/warehouse building.  Generally located on the east side of Dean Martin Drive and the south side of Mesa Verde Lane (alignment) within Enterprise (description on file).  ss/pb/ml  (For possible action) 06/22/16 BCC

 

APPROVE per staff conditions and,

ADD Current Planning condition,

·         Design review as a public hearing for lighting and signage.

 

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.