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File #: 21-0123-092221   
Status: Agenda Ready
File created: 9/9/2021 In control: Clark County Zoning Commission
On agenda: 9/22/2021 Final action:
Title: NZC-21-0123-BADSM PARTNERS, LLC: AMENDED ZONE CHANGE to reclassify 7.4 acres from an R-E (Rural Estates Residential) (RNP-I) Zone to an R-D (Suburban Estates Residential) Zone and R-2 (Medium Density Residential) Zone (no longer needed). WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduce setback (previously not notified); 2) increase wall height; 3) waive perimeter landscaping along a local street; and 4) waive full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights). DESIGN REVIEWS for the following: 1) proposed single family residential development; and 2) finished grade. Generally located on the south side of Chartan Avenue and the east side of Placid Street within Enterprise (description on file). MN/rk/jd (For possible action)
Attachments: 1. NZC-21-0123_Color_Merged.pdf, 2. 49 21-0123-092221.pdf
Date Action ByActionResultAction DetailsMeeting DetailsVideo/Audio
9/22/2021 Clark County Zoning Commission Approved

Agenda note: SUBJECT MATTER/RECOMMENDATION: In the matter of the recommendation of the Planning Commission that the Board approve the aforementioned described application of BADSM Partners, LLC (Chris Armstrong c/o Goold Patterson) for an amended zone change, waivers of development standards, and design reviews (as indicated on the ATTACHED agenda item): REPRESENTATIVE(S): Present SPEAKER(S): Present DISCUSSION: There being no objections, Item No. 49 was taken in conjunction with Item Nos. 50 and 51. Following introduction of Item Nos. 49, 50 and 51, staff advised that the Planning Commission approved the applications and Enterprise Town Board recommended denial. The Board was addressed by the applicant’s representative, John Sullivan, who advised that the 7.4 acre proposed site located at the southeast corner of Placid Street and Chartan Avenue was currently zoned R-E (rural estates); sat in the southeast corner in the RNP (residential neighborhood preservation); to the west, north, and portion of the east was zoned R2 (medium density residential); and to the south was zoned R1 (single family residential) and R-D (suburban estates residential). The applicant requested a zone change to R-D for all single-story homes; a large flood zone ran through the property and surrounding parcels; underground box culverts would be used to complete the project and ameliorate the flood zone; and water would be released onto Chartan Avenue as required. Advised of holding several neighborhood meetings where neighbors expressed concerns of changes to the RNP, privacy, and increased traffic in the area; access from Placid Street and Chartan Avenue was removed; a single entrance was located on Terrill Avenue; extensive landscape buffer would run along the block walls; the crash gate would be changed to amend concerns for an adjacent property; two feet of additional wall was added to the plan to address privacy concerns; there was no significant height difference between neighboring properties; and further advised of conditions read into the record during the Planning Commission meeting. Multiple speakers spoke in opposition of the project and expressed concerns regarding traffic, privacy, setting a precedence for the rest of the surrounding RNP, and flooding including Wayne Darling, Mary Coulombe-Jones, Ken Ravalgo, Robin Penrod, Jerry Pavelec, Biagio Guerra, Debra Meyer, A. Ruocco, and Mary Saccaletti. Rigoberto Gonzalez spoke in favor of the proposed project. Commissioner Naft spoke regarding neighbor participation during the application process; the surrounding zoning around the site, and flood concerns. In response to Commissioner Naft, the applicant’s representative advised that the 9-feet of fill referenced finished floor with the largest gap being 3.5 feet; included the flood control, box culvert, and infill. Staff advised that the applicant was required to submit a drainage study; provided an overview of the standard written for the maximum amount; the application had to go through FEMA to amend the flood zone, and that the flood zone could not be made worse. Commissioner Naft reviewed the conditions including 10,000 square-foot lots with all single-story homes; no access to Placid Street, Chartan Avenue, or to the RNP from the community; the emergency exit will be located on Placid Street; lot 13 will be side-loaded; below grade drainage through the side and the removal of special hazard zone; mature landscaping installed; perimeter walls to be built prior to vertical construction; no construction will be completed on Sundays; and that changes to the applications as a result of new ownership would not be entertained. Discussion continued regarding that sales agreements include a disclosure about animals present in the surrounding communities.
Pass Action details Meeting details Video/Audio Video/Audio

NZC-21-0123-BADSM PARTNERS, LLC:

 

AMENDED ZONE CHANGE to reclassify 7.4 acres from an R-E (Rural Estates Residential) (RNP-I) Zone to an R-D (Suburban Estates Residential) Zone and R-2 (Medium Density Residential) Zone (no longer needed).
WAIVERS OF DEVELOPMENT STANDARDS for the following: 1) reduce setback (previously not notified); 2) increase wall height; 3) waive perimeter landscaping along a local street; and 4) waive full off-site improvements (partial paving, curb, gutter, sidewalk, and streetlights).
DESIGN REVIEWS for the following: 1) proposed single family residential development; and 2) finished grade.

 

Generally located on the south side of Chartan Avenue and the east side of Placid Street within Enterprise (description on file).  MN/rk/jd  (For possible action)