County eyes adjustments in planning changes

Adrienne Packer

Tuesday, Nov. 26, 2002 | 11:05 a.m.

When Bill Moore built his custom home nearly three years ago, he expected a swath of land zoned for open space would always shield him from Sunset Road's traffic and lights.

His hopes fizzled last week within a matter of hours.

Clark County commissioners adjusted the Spring Valley master plan to allow industrial uses on the 160-acre site. They subsequently granted a developer's request for a zoning change because it conformed with the amended plan.

The result: Moore's back porch will overlook a $70 million Pepsi distribution plant rather than the park or trails he expected.

"It's a crying shame when it takes residents a year and a half to put together a master plan and a developer can go behind everybody's back and get it changed in less than a month," said Moore, who served on the committee to craft the master plan.

The controversial decision that unfolded in the commission chambers Wednesday prompted board members who opposed the land use amendment to pursue a change in policy.

Commissioners Chip Maxfield and Yvonne Atkinson Gates are considering a more stringent policy that will make master plan changes more difficult to execute and, therefore, less frequent.

The commissioners agree the county should only consider master plan amendments four times a year. That way, commissioners can observe a development pattern in a vast region rather than one parcel at a time.

"People rely on the master plan," Atkinson Gates said. "When you make an amendment, you have to look at the whole thing, not just bits and pieces. Otherwise, it's spot zoning."

In the county, master plan amendments are considered whenever a proposal is put forth. In the past year, seven amendments have been made to county master plans, according to the Clark County Planning Department.

Last week the board twice adjusted the land use plan, a document that shows what type of future development residents can expect on specific pieces of property.

Changing the plan paves the way for zone changes; landowners must prove a legal hardship to be granted a zone change that does not conform to the master plan.

Henderson, Las Vegas and North Las Vegas set rules on when master plan amendments will be considered. Typically they are considered once a quarter.

Maxfield supports considering master plan amendments on a quarterly basis.

"You can maintain the integrity of the plan because you can see it not sneaking up on you, but you see it right there in front of you," Maxfield said.

Commissioners changed the Spring Valley master plan twice Wednesday.

Along with allowing the Pepsi plant, commissioners approved an amendment that changed land that had been designated for a park to commercial. A request for a formal zone change is expected next month.

The master plan amendments in each case were classified as "minor" and therefore the county was not required to notify property owners near the land effected by the zoning adjustment.

Atkinson Gates said landowners should be given notice no matter how insignificant the master plan proposal seems so that property owners have the opportunity to attend meetings and voice their concerns.

Traditionally, the county mails notices as a courtesy. In case of the park land being converted to commercial, county staff members were directed by the board not to notify landowners.

"There is no guarantee the outcome wouldn't have been the same, but at least it would give people a chance to voice their opinion," said Atkinson Gates, who added she could not remember a time when the county did not mail notices as a courtesy.

"Basically we said, 'We work for you, public, but we don't care about what you think.' That's a total disregard for the public."

Mary Jane Harvey, chairwoman of the Paradise Town Board, agrees the county should make it tougher on developers who want to amend the master plan to push through their projects.

"It's unbelievable," said Harvey, who considers master plan amendments before they are considered by the planning or county commission. "Is it a good idea to change the policy? Yes, absolutely."