| 11/17/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the aforementioned described application of GK Acquisitions, LLC & Henry Besuden & Rev Charlotte TR (Phelan Development) for a zone change, waiver of development standards, and design reviews (as indicated on the ATTACHED item) (held from November 3, 2021):
REPRESENTATIVE(S): Present
SPEAKER(S): Present
DISCUSSION: Following introduction of the item, the applicant’s representative, Bob Gronauer, advised that the property encompassed 26.8 acres of vacant land; spoke regarding the surrounding street locations and variety of businesses; the property was located in the business development research park area; staff recommended a conforming zone change; there was a deed restriction on the property which prohibited residential development; the subject property was not in a residential area; was zoned for Business and Design/Research Park (BDRP); spoke regarding the difference between a major distribution center, such as those for the big box stores, and the subject property which serviced the local supply chain; presented a diagram showing six separate building lease spaces; loading and unloading of vehicles would take place in the interior areas of the buildings; landscaping would be installed to act as a buffer for vehicles; vehicles would load and unload goods in the interior between buildings; the exterior buildings would be constructed to mirror an office look; reviewed the site plan renderings of various storefronts; and 602 parking spaces would be provided.
Dr. Ken Ackeret, Traffic Operations Engineer with Kimley-Horn and Associates, performed a traffic study and how it would impact the project; used the Institute of Transportation Engineers (ITE) Land Use Code and the standard procedures used at the County, the site had less than 100 peak-hour trips; with regards to semi-trailers, a comparable site was located at Post Road and Valley View Boulevard and was approximately 20% larger than the subject property; observed the week of October 17, 2021, Tuesday, Wednesday, and Thursday for a total of 72 hours; the peak day was Wednesday with the first truck arriving at 5:00 a.m.; traffic peaked at approximately 1:00 p.m. with 20 semi-trucks before tapering off; accounting for various types of vehicles, the peak time was between 2:00 p.m. to 3:00 p.m. with a total of 375 peak hour trips; performed one more study using the Uncommon’s Traffic Study and mixed-use development; estimated a peak number of their trips at 877 peak hour trips; and further advised that the studies were for a reference of comparison.
Mr. Gronauer agreed that intense landscaping would be installed along Badura Avenue; 24-inch box trees would be placed every 15 feet on center along Badura Avenue; enhanced elevations; low-level lighting boxed to be faced down, rooftop equipment to be screened; and 116 dock doors; conditions have not been agreed upon, but the applicant wanted to deal in good faith and the area was unique.
George Garcia spoke regarding a conforming zone change; advised that an apartment complex was approved to build, and Dignity Health Care was in the area.
Michael Young spoke in opposition to the item; was familiar with deed restrictions and knew many could be waived or removed; not the best use for the area; there were several pediatric businesses and a school in the area.
Joshua Waeghe spoke in opposition to the item due to the shortened time frame for community notification; small particle pollution as a result of diesel trucks; the proposed site was near a school and playground; and no assurance that the distribution center would not be sold to a big box store.
Taylor Skinner spoke in opposition due to high traffic with semi-trucks driving through a residential area; and there were diesel fumes in an area with a senior living center, Oasis Pediatrics, and St. Rose Hospital.
Rick Aco spoke in opposition to the item; advised that safety should be the concern of the County Commissioners; and any new development should be compatible with the current infrastructure to enhance the health and safety of residents.
George Rawls advised that the property would be constructed across from a hospital; ambulances could be stuck in traffic blocked by semi-trucks in the area.
Russell Dodson, Art Goldberg, Joshua Cohen, David Mason, Flavio Santana and F. Ronald Smith all spoke in opposition citing increased traffic in the area.
Norell Viray submitted a petition of 868 signatures of residents and businesses who opposed the project.
Aaron Schiffner, Executive Region Director of Challenger School, operated a school across from the subject property since 2016; majority of children who attended the school were 3, 4, and 5 years of age; and spoke of numerous traffic issues.
Kelly Solaegui, Headmaster of Challenger School, advised that when the school was constructed, the area was zoned light industrial; noted concerns which included traffic, and safety of children.
Michael Buckley, a representative of the property owner, requested that the Town Board record that opposed this item 4 to 1, be incorporated into this record; advised of an article in the Los Angeles Times that stated trucks, cars, and cargo-handling equipment associated with warehouses released more smog-forming pollution than any other sector; does not fit the description of a BDRP project, and the project was not conforming.
Former Senator Richard Bryan spoke in opposition to Legal Counsel’s advisement that the agenda item could not be denied due to the fact that it was a conforming use; advised that a previous matter denied by the Board was appealed to District Court, where the appeal was affirmed and upheld; provided background on the appealed case and Judge Johnson’s ruling; advised that the deed restriction could be waived by the airport; and further advised that many other uses, both retail and professional could be constructed on the site.
Doug Rankin spoke regarding Policy 100 of the County’s Comprehensive Plan regarding the placement of industrial and spoke of Title 30 of the Clark County Municipal Code advising that there were nine points to consider when making amendments to zoning; and advised that the proposed entrances and exits along Arby Street were not compatible to the area.
Ted Egerton, Lochsa Engineering, spoke of traffic patterns and that larger trucks would mix with local residential traffic; advised that the tenth addition of the ITE manual included a supplement for truck traffic, in opposition to the petitioner’s offering that the manual did not; and advised that an average of 316 trucks would be using the road in the subject area in a day and most would be exiting off I-15 to Buffalo Drive and to Badura Avenue through residential neighborhoods.
Dr. Ackeret clarified the various traffic issues voiced by speakers; advised that Badura Avenue was considered a major right-of-way and was not truck-restricted; and further advised of a County project underway regarding signalization for Badura Avenue and Buffalo Avenue.
Mr. Gronauer spoke regarding a previous industrial development in the area where no opposition was on record by the surrounding neighbors; advised that Cimarron Road, which bisected the subject parcel and Challenger School, was zoned for commercial traffic, and the school was on the corner of two 80 foot right-of-way streets; clarified that the property would be used by local suppliers and was not classified as a regional facility; and requested as a condition of approval that if there were any substantial changes to the plan, the item could be brought before the Board for a public hearing.
Commissioner Naft clarified that, while it could benefit both parties, there was no obligation of neighbors to meet with a developer(s) on a project; the item was not a re-zoning request as the property had not been zoned previously; quoted page 23 of the Spring Valley Land Use Plan regarding the overabundance of office professional planned areas which was encouraged by residential property owners as a way to keep land vacant around residential areas; Public Works was currently working on three traffic signal projects, Durango Avenue and Maule Avenue; Buffalo Avenue and Badura Avenue; and Warm Springs Road and Cimarron Road with completion dates in 2022; advised of a letter received in 2016 from Challenger School which asked for a waiver for the crosswalks; the letter detailed why the crosswalks would not be needed; and if those circumstances had changed, the Board could revisit and possibly revoke the waiver.
Discussion continued regarding deed restrictions and whether the restrictions could be removed from a property and by whom.
Robert Warhola, Deputy District Attorney, spoke of various discrepancies in the appealed case brought up by former Senator Bryan and the current subject property; and advised that one property did not serve as precedent for another property.
In response to a question from Commissioner Naft, Mr. Warhola advised that if the current item was denied and there was a legal challenge, the County would probably not prevail; the court would approve the application as originally submitted by the applicant; and conditions offered by the applicant to mitigate some of the impacts or those imposed by the Board would be lost.
Responding to a question from Commissioner Kirkpatrick, Mr. Warhola advised he was not aware of the conditions to which deed restrictions were removed from other properties; and Ms. Amundsen advised that if a deed restriction was posted on a property, the application would not be accepted, and further advised that deed restrictions were based on federal guidelines.
In response to a question from Commissioner Miller, Ms. Amundsen detailed the process of removing deed restrictions from properties.
Commissioner Gibson advised of the movement away from water cooling to air cooling and on large projects, the applicant would not be permitted to use large water-cooling towers and would have to be exclusively air cooling and questioned if the applicant would accept air cooling. Mr. Gronauer advised of not being prepared to accept the air cooling as a condition at this time unless a requirement was in place by the Health District or Water District.
Mr. Warhola spoke regarding compatible and incompatible uses allowed under the deed restriction; and advised that an applicant would have to comply with codes in place at the time of construction.
Ms. Amundsen spoke regarding the BDRP, the land use prospective process, and advised of the similarities of the property and Safari Business Park, an industrial development on Dean Martin Drive, along I-15.
Antonio Papazian, Manager of Public Works, detailed the driveway access and the throat depth of the property; would be amenable to posting No Parking around the property, at the applicant’s expense; disclosed working with the applicant on addressing traffic safety; a traffic study would be conducted, and the school would be added to the scope for review by the traffic engineer.
Commissioner Naft added the following additional conditions: add intense landscape buffer; all lighting should be located, aimed, and shielded to minimize glare on adjacent properties; all loading docks be conduit-ready; installation, at the developer’s cost, of Public Works approved No Parking signs on both sides of Arby Avenue, Badura Avenue, and Cimarron Road; and a maximum of 80 loading docks and 65 at-grade rollup doors. | Pass |
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