Cities push bill to ease annexation of ‘islands’ of Clark County land

Scott Reeder

Sunday, Jan. 31, 1999 | 9:39 a.m.

Ina Capizzi stood in front of her tiny home and slowly shook her head.

"The city is not going to annex this land," she vowed. "The reason we moved here was to get away from things. We don't want be part of the city -- ever."

When she built her house 40 years ago at the corner of Westwind Road and El Parque Avenue, it was on Clark County land in the middle of the desert.

Now it's still on county land but in the middle of the city of Las Vegas.

Clark County "islands" scattered throughout area municipalities are becoming a major problem, Kyle Walton, a senior planner for Las Vegas, said.

"The county and the city don't have consistent land-use plans, so the county may allow a strip mall to be built right next to residential neighborhoods," Walton said.

Under current state law, a city cannot annex an area if at least 50 percent of the people living there object in a public hearing process, Walton said.

For this reason county islands are scattered throughout Las Vegas. About 7,100 people live in these areas, Jeff Hardcastle, a senior planner for Clark County, said.

The island Capizzi lives in is one of the oldest in the Las Vegas Valley. Others have developed more recently -- particularly in the northwest part of Las Vegas where the city has grown around pockets of county land.

Bob Hadfield, executive director of the Nevada Association of Counties in Carson City, said that under current state law, which has existed for many years, it is nearly impossible for cities to annex land without the permission of the residents.

But that could change soon.

The city of North Las Vegas has submitted a bill to the Nevada Legislature that would allow cities throughout Clark County to annex these islands without the consent of those living in the area.

"Whether those people like it or not, they are using city services," Gary Holler, director of public works for North Las Vegas, said. "The last time I checked, none of the people living in those islands has helicopters. They have to use city streets to get to and from their properties."

Municipal firefighters and paramedics respond to emergencies in those areas because they are often the closest providers, he said.

"I'm really tired of hearing people saying, 'But I don't want this service or that service.' We as a community have to determine the level of service we want to provide. Those people are taking advantage of the services the city is providing and they should pay for them. Other area residents don't get to pick and choose what services they will be provided."

But Hadfield is not optimistic about the prospects of the North Las Vegas legislation.

"This is an incredibly emotional issue," Hadfield said. "Obviously the reason there are county islands is because some people just don't want to become part of a city. They think they will have to pay higher taxes and lose their rural lifestyle ... even though in many cases they are in the middle of a city."

But some residents in the islands desperately want to join the city.

"We're like the county's bastard stepchildren out here," said Conita Jones of 5645 O'Bannon Drive, which is surrounded by Las Vegas. "The county does a horrible job of maintaining the streets. The traffic is awful going through here. The county won't put up speed-limit signs. I think the city would."

A quick look at a map of the Las Vegas Valley shows a checkerboard of areas that have remained in unincorporated Clark County.

Property taxes are a significant reason for people to resist joining a city.

The owner of a $120,000 home in a county island would now pay $1,089 a year in property taxes. If that area were annexed into Las Vegas, that same homeowner would pay $1,286 in property taxes, according to the Clark County assessor's office.

"Those people aren't paying their fair share," Assemblywoman Chris Giunchigliani said. "All of my Assembly district is in Las Vegas, so I'm especially sensitive to this issue. I'll listen to what these people in the islands have to say, but they'd have to make a pretty compelling case for me not to support this legislation. These people should be paying their fair share."

Las Vegas Mayor Jan Laverty Jones agreed.

"If someone can afford a $120,000 house, they can certainly afford to pay an extra couple of hundred dollars in taxes each year," she said. "It is not fair for city residents to be subsidizing these islands.

"We also have to look at consistency in vision, and that is hard to do when you have these pockets of county land scattered throughout the city."

Jones said she will have to examine the proposed legislation before she can decide whether to support it. But she said she believes the city should strive to annex the islands.

Las Vegas Planning Director Theresa O'Donnell said having one jurisdiction responsible for an area just makes sense.

"The largest investment most people make in their life is their home. We owe it to those people to be able to tell them how an area will develop," she said. "With these county islands, we can't tell them with certainty what the plans are for the area."

But Hadfield said the issue has become so contentious that he is doubtful the Nevada Legislature will spend much time addressing it this spring.

"I just can't see the Legislature wading into those waters this year. It's just too controversial. I think they will defer to local governments to try to solve this issue."

In addition to the state legislation, Las Vegas City Councilman Larry Brown says city policy needs to be changed so it is easier for Las Vegas to annex these areas.

This doesn't sit too well with Jennifer Castiglione, who owns a house not far from Capizzi's in the 237-acre county island that is bordered in approximate terms by Charleston, Decatur and Jones boulevards and Sahara Avenue.

"We moved here 10 years ago, specifically because it is not in the city. This is a wonderful area. We can legally have livestock out here."

But she said it has been several years since the last horse grazed in the neighborhood. "There just isn't a place around here to ride anymore. Traffic has really picked up in recent years. But we can have animals if we want them."

The neighborhood streets consist of deteriorating asphalt and there is a lack of storm sewers and street lights.

"I have been thinking about this and thinking about this. I can't think of a single plus to us becoming a part of the city. The only reason it looks to me why the city might want us is because of the added revenue it would bring them."

Capizzi's home used to be a menagerie with peacocks, chickens, cats, dogs and doves.

But now the 65-year-old lives alone with her cat and her covey of doves.

"I got rid of the chickens about 10 years ago, when they got to be just too much for me to handle. I used them for getting eggs. But I like living in the county because I can always get the chickens back if I need them," she said.

Perhaps the most unusual aspect of Capizzi's property is a 50-foot angel made out of chicken wire and strung with Christmas lights. She erected the massive celestial being about 10 years ago to honor a daughter who died. She lights it year-round.

"The city would let me keep it, don't you think? That angel isn't hurting anyone," Capizzi said.

If her home were annexed into the city, she would be able initially to keep the angel, Walton said.

"It would come into the city as a nonconforming use. But if the wind were to blow it down, we wouldn't allow it to be rebuilt. Also we wouldn't allow significant improvements or repairs to the angel," he said.

Brown says he will propose a new way to address the problem of islands within the city sometime in the next two months. When a developer hooks a new building onto the city sewer system, the property will become part of the city, Brown's proposal will state. Existing homes and businesses in county islands would be affected if Brown's proposal is adopted. As homeowners in those areas opt not to continue with their septic systems, they too, under Brown's proposal, would have to be annexed into the city for them to connect with the sewer system.

"This resolution would mainly affect areas that haven't been developed yet. I see it affecting mostly empty dirt lots that will have to be annexed when something is built on them," Brown said.

When an area is part of an unincorporated town it cannot be annexed by a city under any circumstances if the town was recognized by the County Commission before 1983, according to Charles Pulsipher, a senior management analyst for the county planning department.

Walton said none of the county islands are a part of any such towns.

Within Las Vegas there are 5,709 acres, or 8.92 square miles, of county islands, according to Ervin Kral, a geographic information systems analyst for the city.

By far the largest island within Las Vegas is a 3,110-acre area in the northwest part of the city. It is bordered in approximate terms by Ann and Iron Mountain roads and Jones Boulevard and Buffalo Drive.

North Las Vegas has one remaining 520-acre island. It is home to a farm with 6,000 hogs. The city would like to see the area eventually developed as an upscale retirement community. Neighboring city residents complain about the odors coming from the hog farm.

But even if the city were to annex the farm, it could remain as a nonconforming use.

While North Las Vegas has one large island, Las Vegas has a much different problem -- many islands of different sizes.

"Scattered throughout the city are one-parcel lots that have refused to be annexed into the city," Walton said. "It's a real problem. Those people are basically getting city services but not paying their fair share in taxes. That's not fair to their neighbors who are paying their fair share."

Lesa Coder, assistant director of the county planning department, said the county does not oppose cities annexing land as long as it leads to a more consistent boundary for the city.

Assemblyman Kelly Thomas, D-Las Vegas, said the county will benefit from having cities annexing the islands.

"The amount of revenue the county is getting from those residential areas isn't nearly enough to pay for the cost of providing them with services," he said. "All of my district is in Clark County. Those islands are a drain on the county because those residential areas are not near the other areas where we are providing services. They really should become part of the cities."

Henderson Mayor Jim Gibson said he welcomed the legislation, but he added that there are not any particular islands Henderson is looking to annex.

"The only county island I can think of in Henderson is the BMI complex, which of course has some environmental problems," he said. "We might consider annexing the area once it is cleaned up, but not right now."

Still, he said, "As the city grows, there is always the chance that more islands will develop, so we welcome this power."

John Schlegel, assistant director of the county planning department, said Nevada gives its cities less annexation power than most states.

"Clark County really hasn't taken a stand yet on whether or not we will support this legislation," he said. "We really are going to have to take a closer look at the legislation."

Walton said current state law may reflect a traditional mind-set of the West.

"It's the kind of mind-set that says, 'Leave me alone. Don't let government force itself on me.' "

archive