Deal would limit building in Eldorado Valley

Wednesday, Aug. 10, 2005 | 9:49 a.m.

Developers won't be allowed to build high-density subdivisions in unincorporated Eldorado Valley over the next 10 years, according to a proposed agreement under consideration by Clark County and Boulder City.

The revised agreement tightens language from previous drafts that were criticized by a group opposing development on the 1,200 acres of privately owned land in Eldorado Valley, next to Boulder City's border.

The Coalition to Save the Future of Boulder City argued the initial drafts would serve as a blueprint to "open the floodgate" and upset the city's slow-growth character and disturb the mountain views.

The latest draft unveiled Tuesday to the Boulder City Council locks in existing zoning of one home per two acres for the duration of the agreement, which has been expanded from five to 10 years. The initial drafts made no such zoning guarantee and appeared to make it much easier to rescind the agreement.

The agreement would prohibit the county from approving rezoning changes, special use permits or major project applications that conflict with existing land uses for the area.

"I think it is much better," said Mayor Bob Ferraro. "It is much tighter, and it is going to make it more difficult for anybody to do anything."

Under the agreement, the maximum number of homes that could be built on the 1,200 acres would be 600, Boulder City Manager Vicki Mayes said. Some 997 acres is zoned for low-density residential use. Another 117 acres is zoned for industrial use and nearly 13 acres is zoned for highway commercial/retail use, she said.

Mayes said Clark County is awaiting feedback from the city on what auxiliary uses could be permitted on the 1,200 acres. Depending on the zoning, one use allowed now is adult businesses. Other uses allowed include hospitals, churches, day care centers, assisted living centers, bed and breakfast inns, an airstrip, auto repair, convenience store, outdoor storage, power plant, and batch plants.

The agreement is expected to undergo further changes before it goes to a vote before Clark County commissioners and the Boulder City Council in the next two months. Boulder City has scheduled community meetings later this month to get suggestions from residents on what the agreement should contain.

Council members said pursuing the agreement with the county is important to protect Boulder City's borders from massive development. City officials acknowledged all development can't be stopped because it is private land outside the city limits but at least it can be limited by the agreement.

"It's not a fail safe," Mayes said. "It does not prevent any development from occurring, but it is important. It doesn't allow many types of development."

Not everyone is happy, however, with the latest proposal.

Sherman Rattner, co-chairman of the anti-development coalition, remains skeptical that the revised wording will do enough to protect Eldorado Valley, which he wants preserved as a conservation area. Despite the stronger language, he said he doesn't view the agreement as binding on the city and county.

"It may have changed substantially in wording, but the effect is still the same in my view -- it enables development," Rattner said.

Clark County Commissioner Bruce Woodbury, who lives in Boulder City, said changes were made to the agreement to reflect concerns of the city, Rattner and other citizens. That includes extending the agreement to 10 years, which is the likely legal limit future councils and commissioners can be bound, he said.

"Some of Sherman's suggestions were valuable in tightening it up," Woodbury said. "I know he is still not satisfied, but the only way he would be satisfied is to buy the property from private developers and keep it vacant. That is not feasible."

Woodbury said he expects complaints from property owners in Eldorado on how the proposed agreement is too restrictive on development. Some property owners want zoning changes to permit higher density than one home per two acres, he said.

"I have heard from two or three that think their property is valuable and want to do something with it," Woodbury said.

In May, Clark County commissioners enacted a moratorium that prevents developers and landowners from seeking zoning changes through the end of the year or until the agreement is adopted.

That moratorium was prompted by concerns raised by Boulder City officials after the Eldorado Valley Development Co. stirred up the community in April. The company proposed state legislation enabling the swap of 640 acres east of McCullough Ridge for 1,500 acres of city-owned property further to the west known as Dutchman's Pass.

Boulder City rejected the proposal, but officials were unsettled by the lack of control over what is built just outside the city's borders. Boulder city's ordinance limits growth in its borders to 120 homes pear year.

Eldorado Valley Development has submitted a proposal with Clark County to build homes on 80 of the 640 acres it owns, Mayes said. The company is apparently trying to acquire more land, she said.

Although next to the Boulder City border, the unincorporated land in Clark County is several miles from the nearest subdivision. Rattner said the distance from the nearest subdivision doesn't mean people shouldn't be concerned. Allowing intense developments in Eldorado Valley may ultimately lead to development in the community and auction of federal land between Henderson and Boulder City.

Woodbury said Clark County would have to nominate the land for the Bureau of Land Management to auction it and that he opposes that. He said the adoption of an agreement between Boulder City and Clark County will set the tone for what county and city officials do once any agreement expires in 10 years.

"I know there will be continued pressure by developers to open any area they can," Woodbury said. "The Eldorado Valley is going to be a target, and we need to show people that it is not appropriate."

Mayes said she plans to conduct a study analyzing the financial impact on the city if it were to annex the unincorporated land. There are no plans to annex it, she said.

Although Henderson is preparing to annex federal land nearby, Mayes said Henderson has a good working relationship with Boulder City and wouldn't expect a land grab for the area that's part of the proposed agreement with Clark County.