5:04This is the Wednesday, December 17th meeting of the Clark County Commission zoning meeting.
5:09Turn it over to Director Riel.
5:12Good morning, Commissioners.
5:13The first item on the agenda is public comment.
5:16This is the first period for public comment.
5:17Anyone wishing to speak on any item on the agenda can come forward now.
5:21Seeing no one, we'll close the public hearing and turn it over to Commissioner Real.
5:34And ma'am, just for information, uh, if it's an item on the agenda, you can speak at that time, or you can speak now.
5:42Okay, yeah, that's that's usually better if you're an item.
5:45Is it what what even I'm sorry?
5:46What what item are you?
5:48Um those are being pulled off.
5:51Yeah, we were gonna pull those off of routine.
5:56It should just be a second.
6:02All right, now now Directory.
6:05The second item is the approval of the agenda after considering any additions or deletions of items.
6:10Staff has the following requests, which may require renotification fees in accordance with Title 30.
6:15Hold to the January 21st, 2026 zoning meeting, item 36, ZC250771, item 37, WS 25072, item 38, ZC 25076, and item 39, UC 25077, and then hold to the February 18th, 2026 zoning meeting.
6:36Item 22, ZC 250715, item 23, VS 250717, and item 24, UC 250716.
6:45The above public hearing items are going to be open as a public hearing and immediately recessed until the dates as previously previously stated.
6:52With these deletions, which are items 22, 23, 24, and 36 through 39.
6:58The agenda stands ready for your approval.
7:00I think we have a comment.
7:02Good morning, Jennifer Lazovich, 1980 Festival Plaza Drive.
7:05We would like to hold items uh 13, 14, 15, and 16 to the January 7th hearing.
7:20That is that's fine with me if it's okay with you.
7:30All right, with the recommended changes written to the record, I move approval of the agenda.
7:34That's motion to approve the agenda.
7:42The third item on the agenda is the approval of the minutes.
7:44The minutes of the November 19th, 2025 zoning meeting are ready for your approval.
7:50Move approval of the minutes.
7:59Next to the routine action items, which consists of items four through 30, except items previously deleted and items 7, 8, 9, and 25, which will be polled and heard separately.
8:09These items may be considered together in one motion and are subject to the conditions listed with each agenda item.
8:15In addition, staff has the following requests.
8:17Item 16, TM 25500, 140, add public works conditions, no street lights on Viking Road, and applicant to install poll box and conduit along Viking Road.
8:28Item 17, PA 2570042, delete the only public works condition.
8:33Item 20, DR250691, add a comprehensive planning condition, detach sidewalk and landscaping along Blue Diamond Road per revised plans on file data 121525.
8:44And add a public works condition applicant to coordinate with in dot and Clark County Public Works for offside improvements along Blue Diamond Road.
9:03If there are no objections, the public hearing is now open and the routine action portion of the agenda stands ready for approval.
9:09Move approval routine action items.
9:30So item 33, WS 250750.
9:34Waivers of Development Standards for the following.
9:38Full offsite improvements in conjunction with the single family residential development on 2.04 acres and an RS40 residential single family 40 zone, generally located south of Jake's place and west of Benita Street within Lone Mountain.
10:03My name is Susan Florian from Tanney Engineering 6030 South Jones Boulevard here on behalf of the applicant.
10:09What we have here is a 2.04 uh gross acres uh located on Jake's place and Bonita Vista.
10:17Uh we're asking for a parcel.
10:19Uh we're just asking to parcel out the map.
10:22Uh what we're asking for is off site improvements on lot uh two.
10:27Uh there's already partial paving there, um, and that's basically what we're asking for.
10:31We're not asking for any modifications to the zoning or land use.
10:34Uh, with that, I conclude my presentation, and I'm here to answer any questions that you may have.
10:42This is a public hearing.
10:43Anyone here wishing to speak on that?
10:46See no one will close the public hearing.
10:51So um we agree there's no other off sites in the area, but I just want to be clear that the minimum requirements of paving that you'll have to do, it's not waivable.
11:01Um, so we get a lot of people that come back and say, Oh, I didn't know that meant me, so I want to make sure that you know it does mean you.
11:09So you'll have to meet public works' minimal paving requirement.
11:13Okay, with that, I'll make a motion for approval.
11:16There's a motion cast to vote.
11:25Thank you, County Commissioners.
11:27I think that's a record for Commissioner Kirkpatrick as far as next are companion items seven through nine.
11:34Item 7 VS 250749, vacant abandoned easements of interest, Clark County located between Windmill Lane and Mistral Avenue alignment and Cimarron Road and Gagnir Boulevard within Enterprise.
11:47Item 8, UC 250748 use permit for a mini warehouse, waivers of development standards for the following.
11:53Reduce buffering and screening, reduce parking, modify residential adjacency standards, and alternative driveway geometrics.
12:01Design review for proposed commercial complex on five acres in a CG commercial general zone, generally located south of Windmill Lane and west of Cimarron Road within Enterprise, and then item nine, TM25500 and 182.
12:13Tentative map consisting of one commercial lot on five acres and a CG commercial general zone, generally located south of Windmill Lane and west of Cimarron Road within Enterprise.
12:34And this is my architect Sergio to answer any technical questions on the one that just talks a lot.
12:40So in any case, uh we are here to answer any questions that you might have on the project.
12:48The uh we concur with all of staff's recommendations, which essentially was approval, but I know there's someone from the neighborhood here, which we can listen to her questions, answer anything that you might need.
13:06All right, that completes your presentation.
13:09Well uh turn it over.
13:11It's a public hearing.
13:12So, ma'am, if you want to come forward and let us know what you think.
13:26Good morning, commissioners.
13:27My name is Misty Bower.
13:30I live at 8211 Rainy Mountain Court, 89113, directly across from this proposed um mini warehouse development.
13:41Um, I'm here representing the names on all these petitions against the waivers.
13:46They want reduced buffering, reduced parking, modify residential agency, alternative driveway geometries, and waiver waivers of standards for parking.
13:57The mini warehouses, they're going to be two of them, 36 foot tall, 68,100 square foot, and the other one 57,000 square foot.
14:06It'll be directly in front of the RNP preservation neighborhood simmer and highlands, as well as in the heart of the R2 residential communities.
14:16If waivers are granted, there'll be no transition between the RP and the warehouses.
14:21This is a commercial encroachment.
14:24Developer only wants an eight-foot buffer and less trees.
14:28There should be a logical progression, not a decrease in the buffering and screening.
14:33RP standards are put in place to manage manage noise and visual impact.
14:38What is being presented does not meet these standards.
14:41The RP will have a 36 fact.
14:44Two tall buildings with only an eight-foot wall as a separation.
14:48Other developers, Richmond America, Lenar, and Toll, Storybrooke honored the buffering in their communities adjacent to this development.
15:01What is proposed is not honoring the RP.
15:04The parking waiver is also an issue.
15:07They want to decrease it from 145 to 94.
15:11Where are the employees as well as the large trucks for loading and unloading supposed to park?
15:16The EV spaces will also occupy space from the proposed thereby, thereby decreasing the parking spaces along with EV charging.
15:24It will draw Uber and Grubhub and others.
15:27EV vehicles will utilize the spaces for longer durations as well as bring in more traffic to the community.
15:33I didn't see any loading and unloading zones that were mentioned.
15:37And in reference to the tavern and the two QSRs, pending what type of QSRs will be needed for two 2500 square foot businesses.
15:49Low signage and low lighting would be conducive.
15:52This development will have a negative impact, increased traffic along Cimarron and Windmill, which are a two-lane road.
16:00This may also impact emergency vehicle response times with increased density.
16:04Moving trucks, U-Halls, delivery trucks, boats, trailers, and RVs entering and exiting could be an hazard, especially with the decreased approach waiver and proximity to the park.
16:15The project along with the two LENAR projects will have an effect and increase the density all on this two-lane road.
16:23All of this will affect and change the dynamics of a bedroom community.
16:27Plans for Cimarron to continue to die.
16:36I didn't read fast enough.
16:37Yeah, did you have a petition or anything with signatures you wanted to put in the record?
16:40I included it in the back of yours.
16:43I have the original if you need the originals.
16:45No, that's that's good.
16:48Anyone else wishing to speak on this item?
16:53Seeing no one real close to the public hearing turnover.
16:56And I appreciate uh the neighbor.
16:58I had a chance to meet with her on on Monday.
17:00Um, and the very thoughtful uh consideration here.
17:03I I do think there's been some misperceptions of what the waiver requests were.
17:09Um and also just just to be so that you're aware, ma'am.
17:14The parcel to the to the west of that was airport parcel, and it was subject to the auction from I don't know, Sammy.
17:21Do you recall that was last meeting, two meetings ago?
17:24Uh recently, uh subject to the auction, and that that'll be coming in for residential development um uh higher than what it is currently.
17:33So uh can Sammy, do you want to just clarify or or Mr.
17:37Wash Krug if you want to clarify where the uh requested um change in in buffering is and that it's not along where the R and P is the section you need to identify yourself, sir?
17:54Item is Sergio Comparan with SEA the sign.
17:57Can you hold the personal microphone?
18:00It's there right is their microphone on the desk there.
18:06Yeah, use that use that sorry.
18:08Uh my name is Sergio Comparan with SCA the sign.
18:12And the buffer request is occurring along the west side of the property where it's undeveloped residential.
18:21So there's no request for for a reduction in the buffering um uh along the residential on the south side along the RMP.
18:32We meet the requirements there.
18:34Uh, with regards to parking, uh, Ms.
18:36Real, can you just comment on the request for a reduction in parking, whether it's appropriate?
18:41So the reduction in parking, um, when we did the rewrite for Title 30, we included a much higher parking requirement for uh mini warehouse facilities, and we've seen a lot of waivers since and some justification as to uh why the new parking ratio is or may not be appropriate, so we've been directed to reduce that, and we're working on that right now.
19:01So I think that's the bulk of the uh reduction in parking is related to the mini warehouse.
19:07And then so even though there might not be as many parking stalls, speaking from experience, I know this has been raised by uh by many in these uh prior mini warehouses, there will be at least temporary spaces in in front of the the buildings for people to park while they're offloading their stuff and and loading into uh warehouses.
19:29Okay, so even though that's not reflected in the parking count, that is additional space where they can park.
19:36Um all right, with that.
19:38Uh I certainly understand your concerns.
19:40Um, I think that the reason that uh staff had recommended approval is because it is consistent with with the area there uh and with the um higher density residential that's gonna be coming in just to the west of that.
19:52And uh so with that, I'll go ahead and move for approval of agenda items seven, eight, and nine.
20:00Uh there's a motion, Cash.
20:13Next is item 25, ZC250758.
20:17Zone changes for the following.
20:18Reclassify 2.5 acres from an RS20 residential single family 20 zone to an IP industrial park zone and remove the neighborhood protection RP overlay.
20:27Generally located west of Mohawk Street and south of Saab Avenue alignment within Spring Valley.
20:38Samantha Ryan Storm Development Services, 9811 West Charleston Boulevard, Suite 2.
20:48That microphone doesn't seem to work well, so either use that one or hold them.
20:55Do you want me to start over?
21:00Hello, Samantha Ryan Storm Development Services, 9811 West Charleston Boulevard Suite 2.
21:07Um, I'm here on behalf of the applicant today, Mohawk Capital Management.
21:12Um I'm also a member of that entity.
21:14I'm one of the owners of this property.
21:16We are simply asking for a conforming zone change to IP and the vacation of the patent easements, which was already approved on consent agenda.
21:28Um this is the underlying land use here.
21:32Previously did a plan amendment in 2024 that changed most of this west side of Mohawk to an underlying BE land use.
21:44Um we're now simply coming in and cleaning up the zoning from RS20 to IP.
21:50We do not have any project in mind at this time.
21:54We're just doing what we can to get everything in line so that we can market it to users as being zoned for something that we know is gonna eventually go there.
22:03So I'm not sure why this is a controversial thing or why it was pulled off, but that's really what we're doing.
22:14All right, if that completes your presentation, there's a public hearing.
22:17Anyone here wishing to speak on the item?
22:21See, no one real close to public hearing.
22:23Turn over to Commissioner Nav.
22:25Uh uh I think it's been explained to you a couple times now in in writing, verbally, every other which way.
22:30Uh it's not that it's controversial, it's that uh I don't approve zone changes without plans.
22:36That's been very clear uh since Title 30 update.
22:40Um I don't want to belabor the point, but I know that's been made very clear to you.
22:48So I uh am willing to offer you what we've explained before.
22:52It can be withdrawn if you want without prejudice, and when you have plans to submit along with it, I'm happy to encourage you to do that.
23:00Uh otherwise I'm prepared to move for a denial.
23:04Um I think my confusion on that is is in the Clark County zoning guidelines.
23:09It says the applicant is not required to show plans when a conforming zone change is requested.
23:15However, a subsequent design review of the project may be required before development can begin.
23:21We're fully aware that we're gonna have to come back in and do a DR whenever, if and when we have a project to build there.
23:28We have no idea what we're doing at this time.
23:31And so when you do, you're welcome to come back in with the zone change.
23:35Warhol, is there anything you wanted to add?
23:37No, the uh the denial or withdrawal would be without prejudice, so I can come in any time.
23:42So it's entirely proper to deny it.
23:45So it sounds like there's no interest in withdrawing.
23:48So when I asked the the question, it my issue is I spent the time doing the application process, got through pre-ops very easily with staff, was approved, recommended for approval, put on consent agenda.
24:04When I asked about what happens if we withdraw, I'm told I I don't get my application money back.
24:10My only option is to hold the project indefinitely.
24:13Again, I don't know if we are going to be developing the property, or I can accept the denial and also not get my fees back.
24:20So those are the three options.
24:22You can hold indefinitely, which I think is really six months.
24:25Um you can withdraw without prejudice, is what I'm willing to offer, or you can accept the denial.
24:32And just so everybody in the room understands this has been made very clear prior to this morning.
24:37Uh so you got it one more second to decide which of those three choices you want, or I'll make the decision for you.
24:43Okay, you can make the decision.
24:45Okay, I'll move to deny uh item 25.
24:51There's a motion, yes, and just for the record, it's without prejudice.
25:10Use permit for outdoor dining and drinking.
25:12Waivers and development standards for the following.
25:15Eliminate street landscaping, reduce parking, modify residential adjacency standards, allow an attached sidewalk, and allow a commercial pan driveway.
25:23Design review for proposed restaurant buildings and drive-throughs with within an existing commercial complex on 1.1 acres in a CG commercial general zone, generally located north of Flamingo Road and west of Pinecrest Street within Paradise.
25:40Good morning, Chair.
25:41Good morning, Commissioners.
25:42Lebanony 520 South 4th Street, representing the applicant to orient you to the site.
25:51The site is located north of Flamingo Road and West of Pinecrest Street, which is a cul de sac further up.
26:01The request is for two.
26:07It's for two fast food restaurants, a Dodge Bros, and a Zach's Beast.
26:14The Zach's Beast is a chicken restaurant that is a new chain to the valley from the Midwest.
26:20This would be the second location in the county.
26:23The previous one is on Blue Diamond Road.
26:30Two of we which we are going to withdraw with this request.
26:36So the first one we're going to redraw is the one for an attached sidewalk.
26:44We are proposing a detached sidewalk, and we'll come back in later to do a vacation.
26:57So I wanted to deal with the public works waivers first for a commercial pan driveway because there is existing equipment and other things in the way.
27:57And so we will draw that without prejudice as well.
28:02The other waivers will remain.
28:30So they don't have any call boxes.
28:32The ZAXBs, on the other hand, does have a call box, and to mitigate that, we proposed additional landscaping along the northern boundary and also an acoustic wall along the drive-through lane.
28:49Although they um this drive-thru is farther south from this proposed one.
28:55We did propose that acoustic wall, and staff is okay with that.
29:05But because it's 20 feet of landscaping, uh the fear is since there's a lot of homeless in that area, they would hide between the two walls.
29:14That's why we didn't propose that as well.
29:18Um we've been working frantically with staff on both the pan driveway issue and the setback issues, and I've created all these um mitigations to allow the project to go forward.
29:35And with that, um, we would appreciate approval for the board as my Christmas, your Christmas gift to me.
29:42Um that completes your presentation.
29:49See no one we'll close the public hearing and um ask Antonio if you can clarify the driveway.
29:55Thank you, Commissioner.
29:56Um, because they are withdrawing um waiver of standards number four, which is to keep the attached sidewalk.
30:02I just want to make sure and it's on the record that they need to come back uh with a vacation.
30:06And with the detached sidewalk, uh, we typically like to see a commercial curb return driveway.
30:11It's safer for the public, it's safer uh for uh ingress egress with vehicles.
30:16They may not have the room in this area, so I think it's a good idea to keep that waiver and just continue to work with public works for the driveway on uh Pinecrest Street.
30:29And my understanding is the Dutch boys was not gonna have a call box.
30:34Don't have to worry about that.
30:35The other location will have a call box, but there will be a barrier so that the sound doesn't go into the neighborhood.
30:40Yes, there'll be that double barrier.
30:43There is um, I think it's so over the land speaker.
30:49So that barrier, it's around here, and then we did propose three additional trees, uh additional buffer, and then we're adding more trees into the northern battery, all to mitigate that requirement.
31:03All right, can we just make it clear that the the Dutch boys will not have call box?
31:08Is that in the we put that in the record?
31:10So it's not shown on their plans, but if you'd like to condition that so that stays with that um that building, uh then you can propose that.
31:18Yeah, I'd like to propose that.
31:21But otherwise, I appreciate you're working with staff, and I would appreciate staff working with you, but this problem there's been a huge homeless problem in that corner there with that old bank building.
31:30So this is gonna be a major, major improvement.
31:32So thank you so much.
31:33Yeah, and and just to clarify to Miss Real, we did put on the plan that the menu boards do not have coal boxes.
31:40All right, thank you.
31:42All right, with that, I'll make a motion to approve.
31:50Rojas, this is a great project.
31:54Thank you, Commissioners, and happy Hanukkah, happy holidays.
31:58Merry Christmas to you all right, Christmas.
32:07Next is item 32, UC 250762 use permit for cannabis establishment dispensary in conjunction with the previously approved cannabis consumption lounge on 1.6 acres in a CG commercial general zone within the airport environments AE60 overlay and the Maryland Parkway overlay.
32:24Generally located north of Desert End Road and west of Maryland Parkway within Winchester.
32:31Good morning, Chairman.
32:32Good morning, commissioners.
32:33Uh Michael Cristalli appearing on behalf of Sky High LLC.
32:37This is a use permit request uh to change location for the Jade Cannabis uh dispensary to its adjacent property that has just recently been approved uh for its um its rec its lounge.
32:53Uh just so that the commission is aware the desert in uh jade dispensary and previously Bloom has been at that location probably 10 years now, and uh there's been no issues.
33:08The um the um the business contributes to the community in a number of different ways, and we believe has been a good community partner.
33:17So we'd ask the commission to approve uh the use request.
33:24All right, this is a public hearing.
33:26Anyone here wishing to speak?
33:28Seeing no one, um I'll close the public hearing and just for edification, Marilyn.
33:33Uh this is not actually a lounge.
33:35The lounge has already been approved, so this is just moving the dispensary, which is next door as part of the lounge.
33:40So it's it's not something you necessarily have to do.
33:44It's okay, it's a lounge.
33:45You don't hate me for voting against it.
33:49All right, but anyway, this is a dispensary.
33:51So it is let's talk to me later about your use permit.
33:55Is it a dispensary or is it a lounge?
33:57I don't mind supporting dispensaries.
33:59I just philosophically disagree with the lounges.
34:01They were previously before us earlier this year with a use permit.
34:04I think maybe it was an extension of time for the for the lounge.
34:07So they currently have a valid use permit for the consumption lounge.
34:11So this is adding a dispensary to this location.
34:15I'll vote for it then for heaven's sakes.
34:18All right, this is my last one, so thank you so much.
34:21All right, thank you so much.
34:23I I move to approve cast your vote.
34:31That motion passes unanimously.
34:37Next are companion items 34 and 35.
34:43Zone change to reclassify 2.09 acres from an RS20 residential single family 20 zone and a CG commercial general zone to an IL industrial light zone.
34:52Generally located south of Glenn Avenue and east of Stratford Avenue within Sunrise Manor.
35:00Item 35, WS 250672, waivers and development standards for the following.
35:04Modify buffering and screening standards, eliminate street landscaping, modify residential adjacency standards, and waive full off site improvements.
35:11Design review for a proposed outdoor storage facility on 2.09 acres in an IL industrial light zone.
35:18Generally located south of Glenn Avenue and east of Stratford Avenue within Sunrise Manor.
35:27Good morning, Commissioners.
35:32This is in the chairman's district.
35:35And we have followed his guidance to the extent that we were able.
35:41With regard to the zone change request, this is in conformance with the master plan and what has otherwise been approved in the area.
35:52It is an area that's uh under redevelopment.
35:56Uh and therefore uh the applicant has been uh conscientious about maintaining the property in general with regard to the variances.
36:07We think they're adequately justified on the record.
36:10Uh and uh we would ask that the uh items both items be approved uh with the if approved conditions requested by the various staffs.
36:26This is a public hearing.
36:27Anyone here wishing to speak on the item?
36:29Seeing no one, we'll close the public hearing and Sammy.
36:33Can you just clarify what the we agreed on?
36:36So because there is a future uh or there is an SID for Glenn Um Glenn Avenue.
36:44The recommendation that we have is instead of waiving the street landscaping at this time, if we can defer it until after the improvements are done.
36:53Um and so what I recommend is for a five-year review of the waiver of the street landscaping to line up with the five-year review for the full off sites with public works conditions.
37:04And Antonio, we're gonna put the SID language in there.
37:07So the idea this is gonna be an SID.
37:10It's already there as a condition, Commissioner.
37:13All right, and Greg, I don't think you gave us your name for the record.
37:16I thought I was famous, but what do you know?
37:19Uh Greg Borgell, 3747 Heritage Avenue.
37:23And uh we further accept the clarification being offered here by staff, which we understand involves uh a deferral of certain improvements uh which maybe aren't uh technically uh variant uh waivers as the code calls for.
37:42All right, with that I make a motion.
37:45Motion for approval.
37:50I'm not sure if you're famous or infamous.
37:56All right, that motion passes.
37:59Next is item 40, WS 250557.
38:03Holdover appeal, waivers of development standards to increase wall height in conjunction with an existing single-family residence on 0.49 acres in an RS20 residential single family 20 zone within the neighborhood protection RP overlay.
38:16Generally located south of Darby Avenue and west of Rolling Acres Circle within Spring Valley.
38:22Commissioners, uh, for your information.
38:24This project was approved by the planning commission and then appealed by a neighbor who disagrees with the planning commission's decision.
38:36So are you the applicant or are you the appellant?
38:40Brown's actually representing the applicant.
38:42We're the we're the neighbors.
38:44We were here last month.
38:45So Andy Sparks 3236 Cliff Sealer Court.
38:48Um, we've been working with Mr.
38:51Thank you for you know the recommendations last month, everything we've we've been able to figure everything out between the two neighbors, and I guess if I can hand it over to Mr.
38:59Brown just to provide an update and recommendations.
39:06David Brown, 520 South 4th Street.
39:08With your permission, we were able to meet in the last month.
39:10Thank you for giving us that opportunity.
39:12We would ask just to add two conditions.
39:15Uh one to complete the the framing of the wall all the way across.
39:19I don't know if you recall it was only about a third of the way.
39:22And second, just the work be done with the biolicensed contractor.
39:25And with that, we're in complete agreement.
39:27Both parties will do what they want and pay for what they want on their side of the wall.
39:34Is this a public hearing too?
39:35Or is it so there's a public hearing?
39:37Anyone here wishing to speak?
39:39See no one, we'll close the public hearing turn over to Mr.
39:43Commission uh Chair.
39:46So this will just be a motion to approve with the additional conditions.
39:52All right, then I will go ahead and uh first off, thank you very much.
39:55Uh both the neighbors and other was a lot of strong feelings, and certainly all got to live together uh uh back to back.
40:02So I appreciate both sides working together and coming up with the solution that everybody can live with.
40:07So uh with that, I'll go ahead and move for approval of agenda item number 40 with the two additional stated conditions.
40:15There's a motion cast your vote.
40:21That motion passes, and thank you so much.
40:23All right, thank you, everyone.
40:27Next is item 41, WS250693.
40:31Appeal waiver of development standards to increase wall height in conjunction with an existing single family residence on 0.16 acres and an RS5.2 residential single family 5.2 zone, generally located west of De Forest Street and south of Garden Grove Avenue within Spring Valley.
40:47Commissioners, for your information, the planning commission denied this application, and the uh or sorry, the applicant filed the appeal again, disagreeing with the planning commission's decision.
41:00Good morning, Commissioners.
41:01Uh Amanda Knolder, I am a representative for the applicant, uh, the Zani family at 4381 DeForest Street.
41:09Uh this is an application for a self-supported privacy structure.
41:15Umjacent to the existing retaining wall.
41:20And uh this one has been up here quite a bit.
41:24I don't want to go into any of the details of the necessity of the wall.
41:28It is uh an ongoing neighborhood dispute.
41:30Um, but we are here to answer any questions and open to any um modifications or suggested modifications of what we had proposed.
41:42All right, this is a public hearing.
41:43Anyone here wishing to speak.
42:03My name is Robin Maxie.
42:05I live next to the Zani family at 4389 D4th Street.
42:10We're here today because my neighbor has erected a non-permitted fence.
42:15It's been up there for 17 months since August of 24, and a redundant fence uh fence.
42:23The decision of the planning commission was to tear down the poorly constructed fence.
42:30If you allow them to build, there will be no control of what goes up.
42:33It would have to be a licensed contractor.
42:36We oppose erecting a redundant fence.
42:40It will be an eye sore.
42:43We would like it to go back as it was when we bought the house.
42:46Our backyard is our only sanctuary.
42:49Out front, we are always met with harassment, fireworks, horns, vulgar yelling, screaming.
42:59I know everyone has their own taste, but most of our neighborhood thinks that the front yard next door to me is trash.
43:15That's their front yard.
43:21Oh that's part of the fence.
43:32This is what they've done.
43:33So the block wall, the redundant fence.
43:39That's our backyard.
44:03It's really not fine.
44:07Are we laughing at the witch or the or this is their front yard?
44:17This is their front yard.
44:19This is their fence.
44:21Somehow our dog got injured.
44:23The only thing we can figure is this rebar pole.
44:27This was two days ago, their front yard.
44:29Please hold the microphone just a little bit closer to your face.
44:32This is two days ago.
44:37So it's not just me that thinks it's a pig's dye.
44:48So my understanding was the the planning commission has supported you, and and now there's an appeal from the planning commission.
45:00If that concludes your your opposition, anyone else here wishing to speak.
45:05Seeing no one, we'll close the I'm sorry.
45:08I don't my name is Janice Liston.
45:10I don't live in the neighborhood.
45:13Um the item says to increase the wall height.
45:20I I don't think Robin would disagree with increasing the block wall in accordance with your permitting accurately.
45:33If you build the block wall with a licensed contractor, but if he wants to build a fence inside his property, he's gonna put up witches and hor horrible stuff just to harass them.
45:50And it's been going on for years and years, and I've witnessed it.
45:57All right, that concludes the public hearing.
45:59Um turn over to Commissioner Nath.
46:03Um I'm sorry, did you want to speak also?
46:10Oh, anyone else want to speak?
46:12Please come forward.
46:15Uh thank you, group.
46:16My name is Lee Zaychik.
46:17I live across the street at 4374 to force.
46:22Um I talked to um Robin Zanny.
46:24Um Robin Maxie about three and a half years ago on July 8th, and she's and they saw me talking to her, they said they will retaliate.
46:33That following morning, I had five BBs shot at the house.
46:38The dog was ready to attack.
46:42They said you should have called 911.
46:45Since then, for three and a half years, I've been harassed.
46:48I've built two walls at great expense with security cameras.
46:53Um because I talked to her, they were mad at me.
46:56I just want to oppose this wall, and uh please do not do this wall.
47:11Um I was recently transported by my own.
47:14Sorry, could you state your name, please?
47:16I'm a resident of 89052.
47:18That pertains to Michael Naft.
47:20And what's your name though?
47:23Is this does that make it more valid?
47:26Oh, I'm sorry, this is a different item.
47:28You're you're speaking on a different item.
47:30Are you are you here on this item?
47:33No, I'm here on my own item.
47:34If you want to sit down and wait a few more minutes, I've been waiting since October of 2024, Michael.
47:39Well, we've met since then.
47:40But if you want to have a seat and wait till the second public comment.
47:44I'll wait again, Michael.
47:47Anyone else wish to speak on this item?
47:50Seeing no one will close to the public hearing and turn over to Commissioner Nav.
47:55If you guys want to come back up.
47:58So the uh there is a lot of history on this property.
48:02I've heard uh I've had the opportunity to meet with everybody uh on both sides of this issue in great length over many years, frankly.
48:10There is uh as I've told both of you guys, it kind of breaks my heart that this has gone on so long because I think you're all lovely, nice people who ought to be able to figure out a way to move past it without using so many resources of your local government.
48:25Uh almost every department related to uh issues involving this fence and involving the surrounding area is familiar with both you guys by first and last name.
48:36Um, which leads me, all that is to say that what is before us today is a relatively simple uh request for a height increase of a wall.
48:46You've asked for both the backyard and the front yard.
48:48I'm not gonna consider today anything on the front yard, okay?
48:53Uh I also believe that you know, perhaps good fences make good neighbors.
48:58Maybe I don't really see how a height increase of this wall is gonna be detrimental to either the neighborhood or the relations between the both parties.
49:08I would implore you guys, while it has nothing to do with this application to take the mean things off of your property, take them down.
49:16You should have done that way.
49:17You should have never put them up, but you shouldn't keep them up since you got scolded for it at the planning commission.
49:22You and I have talked about it.
49:24Just take it down and start again.
49:25Rebuild this relationship.
49:27You guys used to be friendly once upon a time.
49:30And on the other side of this, you can't use code enforcement as a you know, to solve every problem that you have.
49:37And you also don't let them antagonize you.
49:40Don't build higher than your wall on your side.
49:44I think we can all kind of move past this and hopefully in a direction.
49:48We all have neighbors.
49:50Often we don't even see our neighbors or know they're there.
49:53I think that would probably be the best case scenario here.
49:55As it relates to the wall though, what is currently there is not gonna work.
50:00It's uh I try not to get into aesthetics because you know not everyone might like what I like.
50:06Uh universally, I think we could agree that that's not gonna work.
50:10Um I also am concerned, though I leave it to the building department officials to make this the determination, but that what you have is probably not gonna meet their requirements.
50:21I don't have a problem with raising the height of either the existing wall or a redundant wall, but there it's uh one has to be done by a licensed contractor.
50:32So that'll be a stipulation of any approval today.
50:36Two, it's gotta be a solid.
50:38I think white would be probably preferable, but it's gotta be if it's not adding to the cinder block wall, which would be preferential, and I would in my motion I'll approve that, uh, so it just matches what's existing.
50:52Um if you do go with a redundant option, it should be a solid color uh and installed by a licensed contractor and in the backyard only, and I would allow up to nine feet, which is what's proposed.
51:08Ums real, is there anything unclear about what I just said that I should clarify for the record?
51:18No, I understand the motion.
51:21Does the applicant understand that you have two choices here?
51:24With when I make my motion, it'll give you two options.
51:27Both of those options are gonna necessitate removing what you currently have.
51:32It both of those options will allow you one, to either raise the existing wall if it is engineered, uh, if it has if it's feasible to do so, if the engineering allows for it, you can raise the six feet wall up to nine feet.
51:46It will have to match on both sides of the wall, match the aesthetic perfectly.
51:52Uh, the existing aesthetic, right?
51:54It can't be a different color, different material.
51:56It would have to match perfectly.
51:58Or if you so choose to do a redundant wall or fence, it has to be a solid color.
52:05It has to uh white would be the preference.
52:09Um, and it has to be installed.
52:11Either way, it has to be installed by a licensed contractor.
52:16And I'm begging both of you guys to just leave each other alone, okay.
52:23That's not in my motion, that's just my preference.
52:26Um is there any clarification needed from anyone here?
52:32So the motion is for approval, but there are several conditions, and please know uh I will be watching closely.
52:40This will be pulled right back as quickly uh as I can be if you don't follow uh the conditions that I've set on this application, okay.
52:50Chairman, I think the uh uh other side has a question here.
52:53I don't know if you want to allow that or not.
52:57If you want to come up, you have a cover the microphone.
53:00Why does there have to be a few?
53:01I'm sorry, you need to state your name again.
53:05Why does there have to be a redundant wall?
53:07Well, there doesn't have to be one.
53:09I think both of you guys will benefit from a little bit of a little bit of an increase to the height.
53:15I said they have the option of doing the cinder block.
53:18I don't know that that's gonna be feasible.
53:20I don't know that the engineering of that wall is gonna allow for it.
53:23If it does allow for it, then they can go ahead and do that.
53:26If it doesn't allow for it, I'm willing to let them put up something that matches the aesthetic that in talking with you, I think you'd be comfortable with uh and would be parallel to the wall that exists.
53:41And why does it why does it have to be?
53:43It doesn't have to be, but that's my motion because I genuinely believe that having uh three feet additional height is only gonna benefit this relationship and not aggravate it.
53:56Uh the cameras that they're talking about, I took down after the planning commission.
54:00So I didn't have to.
54:04And the moment that someone comes over the wall, they're going right back up.
54:07Understood, and you're allowed to have cameras.
54:11So what I'm I'm hearing you guys are both apologizing and ready to move forward with ignoring each other.
54:18So yeah, so it's not gonna be a nine-foot redundant wall.
54:22It could be, it would be that would put it three feet over your what's existing.
54:26But it would have to be done by a licensed contractor, it has to be one solid color, so none of that plywood, none of that graffiti spray painting on it, uh, none of the screening would be allowed, and all of that has to be approved by the Clark County Building Department.
54:40They will have to go to the county building department or their contractor will to get permission to build that.
54:50All right, there's a motion on the floor.
54:52All right, there's a motion castro.
55:05Next are ordinances for introduction.
55:07Item 42 ORD 2590057 is to introduce an ordinance to consider adoption of a development agreement with PSI Aquindo LLC for a mini warehouse on 4.2 acres, generally located west of Fort Apache Road and north of Oquindo Road within Spring Valley.
55:23And then item 43, ORD 25901025 is an introduction of an ordinance to amend the official zoning map for classifying certain properties as approved by the Board of County Commissioners on October 4th, 2022, and October 8th, 2025.
55:38Commissioners, we request that you set the public hearing for January 7th, 2026.
55:49Next is the last time set aside for public comment.
56:17Oh, eight nine zero five two.
56:24We do it for the record, just so that you're clear.
56:26We we have to do that.
56:28I could have said anything.
56:30We're not gonna do it though.
56:34So I was transported to the Henderson Detention Center very violently, and upon arrival, I did not hear my rights read to me.
56:42So I was not aware of the flushing privileges in the jail.
56:48And um, so I did not know that you could only flush twice.
56:52And so when I got diarrhea, I had to live with my own shit forever.
56:57And uh, I did go to the mayor to tell her about it, but she said she couldn't run a campaign on that, so she trespassed me.
57:04She didn't want to hear about flushing privileges of the inmates of Henderson, 89052.
57:10And um, and I also have a lot of evidence of my uh mistreatment by Henderson Police.
57:16Uh however, it's in DVD format, so I'm wondering if Michael Naft can help me view the DVDs, perhaps in his office, because my computer doesn't seem to align with any of the formats that Henderson's providing me my evidence in.
57:30Michael, could I use your computer, please?
57:32I know you have internet, and I've told you I don't.
57:37Do you have a DVD player, Michael?
57:40Ma'am, this is for the documents of the area you commission that are given in DVD format.
57:49Ma'am, we don't respond during public comments.
57:51I asked I'm asking Michael.
57:53I don't know if you have do you have a DVD player, Mr.
57:58We don't respond during public comment.
58:00So just we if you have three minutes to make your make your comments.
58:03Oh, he talked to the lady before me.
58:05He had a therapy session with her about the wall.
58:10So Michael talks when he wants to.
58:12Michael, could I use your DVD player?
58:17This this is a period of public comment.
58:18He doesn't want to talk.
58:21This is a period for public comment, and during public comment, we don't respond.
58:26So when would you like me to tell my my concerns as a citizen of 89052 again?
58:33So that Michael can feel compelled to answer them in the proper format.
58:39Tick, because Michael can't introduce the chairman, if I could how to be a correct citizen of his own area.
58:46I was gonna indicate you have another minute left to say whatever you'd like for the record, and we can continue to talk.
58:50Yeah, Michael, I also can't get access to a woman's shelter in your zip code or any other zip code in this county.
59:00I've told this building about it.
59:01I've approached security many times about it.
59:51That's your three minutes are up.
59:53Thank you so much for your public comments.
59:56Yeah, and the response please.
59:58If you want to have a seat, I think we have two minutes before our next meeting.
1:00:00I'm happy to come say hello.
1:00:04Let us adjourn the meeting and I'm happy to come talk to you again.