ENTERPRISE TAB WATCH

Results

March 29, 2017

 

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.

 

AGENDA

 

Call to Order, Pledge of Allegiance, Roll Call, County Staff Introductions

 

Public Comment - NONE

Approval of Minutes March 15, 2017 (For possible action) APPROVED

 

Approval of Agenda for March 29, 2017 and Hold, Combine or Delete Any Items (For possible action) APPROVED with changes

 

Requested holds:

No updated staff agenda sheets. Applicant agreed to hold to the April 12, 2017 Enterprise TAB meeting.

1.ZC-0135-17 - LH VENTURES, LLC:

2.VS-0134-17 - LH VENTURES, LLC:

3.TM-0027-17 - LH VENTURES, LLC:

Staff hold to rewrite:

7.VS-0151-17 - THM ENTERPRISES, INC.: Hold to April 12, 2017 Enterprise TAB meeting

 

Agenda changes:

  • General business item #1 to be heard prior to Planning and Zoning.
  • Items 9 and 10 to be heard at the beginning of the Planning and Zoning.

 

NOTE: 13.       ZC-0171-17 - SERDOZ@RAFAEL RIVERA, LLC: related application will be on the April 12, 2017 TAB agenda.

 

Informational Items

Announcements of upcoming neighborhood meetings and County or community meetings and events. (for discussion)

 

Planning & Zoning

 

1.        ZC-0135-17 - LH VENTURES, LLC:

HELD by the applicant to April 12, 2017 Enterprise TAB meeting.

NOTE: The TAB could not hear this item because the updated staff agenda sheets were not provided to the TAB members.

 

ZONE CHANGE to reclassify a 10.1 acre from an R-E (Rural Estates Residential) Zone to RUD (Residential Urban Density) Zone for a single family residential development.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) increased wall height; and 2) reduce street intersection off-set.

 

DESIGN REVIEW for a proposed single family residential development on 10.1-acre site in the MUD-3 Overlay District. Generally located on the west side of Torrey Pines Drive and south side of Arby Avenue within Enterprise (description on file). SS/rk/ml (For possible action)PC 4/5/17

 

PREVIOUS ACTION Enterprise TAB February 15, 2017: Held to March 29, 2017 TAB meeting, per the applicant.

 

2.        VS-0134-17 - LH VENTURES, LLC:

HELD by the applicant to April 12, 2017 Enterprise TAB meeting.

NOTE: The TAB could not hear this item because the updated staff agenda sheets were not provided to the TAB members.

 

VACATE AND ABANDON easements of interest to Clark County located between Torrey Pines Drive and Redwood Street, and between Arby Avenue and Capovilla Avenue (alignment) within Enterprise (description on file). SS/rk/ml (For possible action)   PC 4/5/17

 

PREVIOUS ACTION Enterprise TAB February 15, 2017: Held to March 29, 2017 TAB meeting, per the applicant.

 

3.        TM-0027-17 - LH VENTURES, LLC:

HELD by the applicant to April 12, 2017 Enterprise TAB meeting.

NOTE: The TAB could not hear this item because the updated staff agenda sheets were not provided to the TAB members.

 

TENTATIVE MAP consisting of 81 single family residential lots and common lots on 10.1 acres in an RUD (Residential Urban Density) Zone in the MUD-3 Overlay District. Generally located on the west side of Torrey Pines Drive and south side of Arby Avenue within Enterprise. SS/rk/ml (For possible action)    PC 4/5/17

 

PREVIOUS ACTION Enterprise TAB February 15, 2017: Held to March 29, 2017 TAB meeting, per the applicant.

 

4.        ZC-0126-17 - ABS SURPLUS-O, LLC:

HELD by the applicant to April 12, 2017 Enterprise TAB meeting for additional neighborhood meeting.

 

ZONE CHANGE to reclassify 8.4 acres from R-E (Rural Estates Residential) Zone and M-1 (Light Manufacturing) Zone to C-2 (General Commercial) P-C (Planned Community Overlay District) Zone.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) eliminate landscaping; and 2) off-site improvements (curb, gutter, sidewalk, streetlights, and partial paving along street).

 

DESIGN REVIEWS for the following: 1) a proposed mini-warehouse facility; and 2) proposed signage in the Mountain's Edge Master Planned Community. Generally located on northwest corner of Rainbow Boulevard and Cactus Avenue within Enterprise (description on file). SB/md/mcb (For possible action)    PC 4/5/17

 

PREVIOUS ACTION Enterprise TAB February 15, 2017: Held to March 29, 2017 TAB meeting, per the applicant.

 

5.        UC-0117-17 - 4129, LLC:

Motion to:

APPROVE:

  • Use Permit
  • Waiver of Development Standards A
  • Design Review per revised plans dated March 27, 2017.

Deny: Waiver of Development Standards B

ADD Current Planning conditions:

  • Design Review as a public hearing for lighting and signage.
  • Design Review as a public hearing for significant changes to plans
  • Deliveries restricted to Clark County day light hours.
  • Landscaping to be installed on the south side of the convenience store, Pad A.

Per staff if approved conditions.

Motion PASSED 2-1

 

USE PERMIT to reduce the separation for a proposed convenience store to a residential use.

 

WAIVER OF DEVELOPMENT STANDARDS for alternative landscaping.

 

DESIGN REVIEW for modifications to an approved shopping center on 4.5 acres in C-2 (General Commercial) Zone in the MUD-4 Overlay District. Generally located on the south side of Blue Diamond Road and the west side of El Capitan Way within Enterprise. SB/pb/ml (For possible action)PC 4/5/17

 

PREVIOUS ACTION Enterprise TAB February 15, 2017: Held to March 29, 2017 TAB meeting, per the applicant.

 

This project has significant opposition from the adjacent neighbors. A neighborhood meeting was held as requested by the TAB. The meeting resulted in a modified plan submitted to the staff on March 27, 2017. The modifications are:

  • The western-most, in-line building foot print, was increased.
  • Eliminated parking between the two in-line buildings.
  • Both drive-throughs building orientation, were rotated to eliminate traffic conflicts and improve traffic flow.
  • The sidewalk along Blue Diamond is now detached.
  • Increased border landscaping replaced parking south of the convenience store.
  • The applicant will have to remove 5,000 cubic yards of dirt to lower the site eastern elevation.

 

The residents' concerns are:

  • The convenience store is too close to residential.
  • The Title 30 setback for the convenience should not be waived.
  • Concerned with effects of lighting and signage on their adjacent properties.
  • Concerned with late night deliveries.
  • Parking behind the convenience could cause a disturbance affecting the neighbors.
  • The potential benzene release effects, resulting from the gas pump and vehicle operations.
  • There are sufficient convenience stores and gas pumps in the area.
  • Increased traffic on El Capitan Way due to commercial activity.
  • Eliminate parking on the south side of Pad A, convenience store.
  • Landscape the south side of Pad A, convenience store, to further soften the building's presence.

 

The TAB considered:

  • The adjacent neighbors are very concerned with how this project will affect their life style and property.
  • Late night deliveries are not appropriate with adjacent residential.
  • The applicant has met with the neighbors and made changes to their plans.
  • The southern border has a larger landscape buffer that found in most projects.
  • The in-line buildings are effective in shielding the neighbors form the drive through pads.
  • The entire project is very well landscaped.
  • The property depth is the result of land use decisions made years ago.
  • Solutions must be found to accommodate businesses that require setbacks while protecting the adjacent residents.
  • Lighting and signage were not included in this application.
  • The convenience store needs an increased setback or no waiver.
  • El Capitan Way is a collector that will extend south of Cactus Ave.
  • The property slopes 11 to 13 feet west to east.
  • Will the slope affect the buffer provided to the residents?

 

The TAB vote on this application was split. One side felt the setback standards should not be waived and the project could be redesigned to eliminate the setback waiver. The other side felt the buffering provided was sufficient to protect the adjacent residents. If, the parking behind the Pad A is replaced by landscaping.

 

Lighting and signage were not covered in this application. With adjacent residential, the TAB has consistently recommended a Design Review as a public hearing for lighting and signage.

 

Due to the high neighborhood interest, any significant change to plans should be reviewed as a public hearing.

 

The applicant's project is well parked and can afford to lose the 6 parking spaces behind Pad A. Eliminating the parking and replacing with landscaping would be an excellent additional concession to the neighbors. The TAB recommends this be accomplished.

 

The TAB recommends the delivery hours be restricted to county day light hours.

 

6.        VC-0174-17 - IOTA TUSCAN, LLC, ET AL:

Motion to:

APPROVE the Variance restricted to 12 of 29 lots.

Per staff if approved conditions.

Motion PASSED.

 

VARIANCE to reduce front yard setback for an approved single family residential subdivision on 13.5 acres in an R-E (Rural Estates Residential) P-C (Planned Community Overlay District) Zone in the Southern Highlands Master Planned Community. Generally located 1,200 feet north of Stonewater Lane and 1,600 feet west of Southern Highlands Parkway within Enterprise. SB/md/ma (For possible action)             PC 4/18/17

 

The applicant has previously received significant setback waivers. The staff is opposed to this variance and considers it a self-imposed hardship. The applicant intends to use this variance on 1 of 3 home designs. However, the requested variance is for 29 lots. The setback is intended to provide for a side entry garage for one model.

 

The project has already received a variance from 40-foot setback to 20 feet.

 

The TAB has consistently rejected blanket variances. There is a concern with the potential canyon effect within this project. The previously allowed setback reduction has given the applicant significant relief from the standards for the larger lots found in this subdivision. With three home designs, the TAB recommends 12 lots be allowed this variance. The variance can be used on any 12 of the 29 lots.

 

7.        VS-0151-17 - THM ENTERPRISES, INC.:

HELD by the applicant to the April 12, 2017 Enterprise TAB meeting.

 

VACATE AND ABANDON easements of interest to Clark County located between Buffalo Drive and Jerlyn Street and between Wigwam Avenue and Ford Avenue (alignment) within Enterprise (description on file). SB/jvm/ml (For possible action)        PC 4/18/17

 

8.        DR-0173-17 - HARRISON KEMP & JONES 401 PLAN:

           APPROVED per staff conditions.

 

DESIGN REVIEW for a proposed tavern within a retail center on 4.7 acres in a C-2 (General Commercial) Zone. Generally located on the north side of Cactus Avenue, 245 feet east of Valley View Boulevard within Enterprise. SB/al/ml (For possible action)        BCC 4/19/17

 

9.        NZC-0571-13 (ET-0025-17) - L H VENTURES, LLC:

APPROVED per staff conditions.

 

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 10.2 acres from C-2 (General Commercial) Zone to R-2 (Medium Density Residential) Zone in the CMA Design and MUD-3 Overlay Districts.

 

WAIVER OF DEVELOPMENT STANDARDS to increase the length of a dead-end street with an approved turnaround.

 

DESIGN REVIEW for a single family residential development. Generally located on the west side of Jones Boulevard and the south side of Badura Avenue within Enterprise (description on file). SS/al/ml (For possible action)BCC 4/19/17

 

10.      NZC-0577-13 (ET-0029-17) - AMERICAN WEST DEVELOPMENT INC.:

           APPROVED per staff conditions.

 

ZONE CHANGE FIRST EXTENSION OF TIME to reclassify 7.4 acres from R-E (Rural Estates Residential) Zone to R-2 (Medium Density Residential) Zone. Generally located on the east side of Rainbow Boulevard and the south side of Cougar Avenue within Enterprise (description on file). SB/co/ma (For possible action)             BCC 4/19/17

 

11.      ZC-0161-17 - ALL OUT FINANCIAL RESOURCES, LLC:

           APPROVED per staff conditions.

 

ZONE CHANGE to reclassify 2.5 acres from U-V (Urban Village - Mixed Use) Zone to R-2 (Medium Density Residential) Zone for a future single family residential development in the MUD-3 Overlay District. Generally located on the south side of Serene Avenue and the west side of Chieftain Street within Enterprise (description on file). SB/dg/ml (For possible action)BCC 4/19/17

 

12.      ZC-0165-17 - SUNSET BUSINESS CENTER, LLC:

           APPROVED per staff conditions.

 

ZONE CHANGE to reclassify 4.3 acres from C-2 (General Commercial) (AE-60) Zone to M-D (Designed Manufacturing) (AE-60) Zone.

 

USE PERMITS for the following: 1) office as a principal use; and 2) retail sales as a principal use

.

WAIVER OF DEVELOPMENT STANDARDS for modified CMA Design Overlay District standards.

DESIGN REVIEW for a proposed office, retail, and office/warehouse complex on 4.3 acres within the CMA Design and MUD-3 Overlay Districts.   Generally located on the south side of Sunset Road, 350 feet east of Torrey Pines Drive within Enterprise (description on file). SS/dg/ml (For possible action)              BCC 4/19/17

 

The TAB was concerned with parking on this project due to the significant office component. The parking for the site has been calculated based upon each project component. The property will be managed by the applicant. The tenant lease will assign parking base upon leased square footage.

 

Any significant changes to plans should be reviewed as a public Design Review.

 

13.      ZC-0171-17 - SERDOZ@RAFAEL RIVERA, LLC:

Motion to:

Approve

ADD Current Planning condition:

  • Design Review as a public hearing for signage.
  • Design Review as a public hearing for significant changes to plans

Per staff conditions

Motion PASSED.

 

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) reduce the number of required parking spaces; and

2) modify parking lot landscaping in conjunction with a proposed office/warehouse.

 

DESIGN REVIEW for a proposed office warehouse development on 2.5 acres in an M-D (Designed Manufacturing) Zone in the CMA Design Overlay District. Generally located on the northwest corner of Rafael Rivera Way and Lindell Road (alignment) within Enterprise (description on file). SS/mk/ml (For possible action)        BCC 4/19/17

 

The lighting and signage were not covered in this application. The TAB has consistently recommended a Design Review as a public hearing for lighting and signage. Any significant changes to plans should be reviewed as a public Design Review.

 

General Business

  • Enterprise TAB to receive County staff comments, discuss and examine possible courses of action concerning a citizens letter(To Whom It May Concern, by W. David Manson March 1, 2017) submitted to the TAB on March 1, 2017 during the general public comment period. (for possible action)

 

The TAB received a briefing From the Advanced Planning staff. The key points were:

  • Land use and zoning are two separate and distinct items.
    • Land use is a future plan.
    • Zoning grants certain rights as to how the property can be used.
  • Land use maps currently use red lines around the RNP-1 areas
    • This will show the public facilities with red lines around them as they are a different land use.
    • The intent is to remove the red line from around the public facilities within the RNP-1 areas in the next major land use update.
  • The RNP-1 overlay is zoning.
    • The RNP-1 overlay is shown on the public facilities within an established RNP-1.
    • It is assumed that the land use will be updated to match the overlay.
  • The staff has determined the non-conforming zone change is a sufficiently rigorous process to make the public aware of change within and around the RNP-1 areas.

 

TAB added the following comments and questions.

  • When a reserved public facility land is released form the county, how does an individual find the release information?
  • Many individuals use planned land use to determine if they are going to purchase a property.
  • It appears that public facilities land release is not put through the land use process.
  • The information is not readily available to the public.

 

  • The TAB will discuss guidelines for the formation of a land use motion. ( for discussion)

 

Next Meeting Date: April 12, 2017

 

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.