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04/17/19 BCC AGENDA SHEET

UPDATE
MAJOR PROJECT STATE HWY 159/STATE HWY 160
(TITLE 30) (RED ROCK)

PUBLIC HEARING
APP. NUMBER/OWNER/DESCRIPTION OF REQUEST
WC-18-400232 (MP-0313-11)-GYPSUM RESOURCES I, LLC:

HOLDOVER WAIVERS OF CONDITIONS of a Concept Plan requiring the following: 1) no


access onto Highway 159; and 2) right-of-way approval from the Bureau of Land Management
(BLM) for primary access is required prior to approval of Specific Plan in conjunction with a
mixed use comprehensive master planned community (Gypsum Reclamation) on approximately
2,010.6 acres in an R-U (Rural Open Land) Zone.

Generally located on the north side of State Highway 159, approximately 1.5 miles west of the
intersection of State Highway 160 (Blue Diamond Road) and State Highway 159 within Red
Rock. JJ/rk/ja (For possible action)
______________________________________________________________________________
______________________________________________________________________________
RELATED INFORMATION:

APN:
List on file

LAND USE PLAN:


NORTHWEST COUNTY (RED ROCK) – OPEN LAND; RESIDENTIAL RURAL; PUBLIC
FACILITIES; & INDUSTRIAL

BACKGROUND:
Project Description
General Summary
• Site Address: N/A
• Site Acreage: 2,010.6
• Project Type: Waiver of conditions addressing access and timing of the project

History
As the first step in the Clark County Major Projects process, Gypsum Resources, LLC prepared
and submitted a Concept Plan to the County on June 30, 2011. The Concept Plan was reviewed
by various County agencies and forwarded with a variety of conditions to the Board of County
Commissioners on August 17, 2011. Several issues were identified during the public hearing
process and subsequent conditions were imposed as part of the motion to approve the Concept
Plan.
Previous Conditions of Approval
Listed below are the approved conditions for MP-0313-11:

Major Projects – Planning


• 1 year to commence the next step in the Major Projects Review Process while addressing
the listed issues and concerns;
• No access onto Highway 159;
• Remove Commercial Tourist areas from Concept Plan;
• Remove Industrial areas from Concept Plan;
• Provide a trail system in Specific Plan;
• This approval does not imply support for or opposition to a land swap between applicant
and the Bureau of Land Management (BLM);
• Specific Plan to address dark skies lighting techniques, use of monument signage, use of
neutral color tones, and heights of all buildings;
• The portions of the Concept Plan on BLM lands are not approved;
• Maximum average density of 2.5 units per acre overall on applicant’s land within the
exception area, approximately 1,880 acres;
• Open land currently designated as open space to remain as open space in the Specific
Plan;
• Limit density to 1 unit per 2 acres on edge of development where appropriate;
• Delete last paragraph on Page 70 from Concept Plan;
• Applicant to assume the role of master developer and provide and/or coordinate the
provision of infrastructure and services;
• Work closely with staff and the community on the land use patterns shown on the
Concept Plan;
• All applicable standard conditions for this application type.
• Applicant is advised that any change in circumstances or regulations may be justification
for the denial of an extension of time.
Public Works – Development Review
• Traffic study and compliance;
• Right-of-way approval from the BLM for primary access is required prior to approval of
Specific Plan;
• An access road that does not branch off of State Route 159 will be required to be the
main access to this site, to be approved by Clark County Public Works;
• The impact on State Route 160/Blue Diamond Road must be quantified and the developer
must be made responsible for all required improvements and/or modifications;
• Nevada Department of Transportation concurrence will be required;
• If the streets within the development are to be public, they must be built in accordance
with all County standards including the Clark County Area Uniform Standard Drawings;
• The traffic study shall determine the minimum required number of travel lanes for each
street section, if the developer desires not to use County standards, they must obtain the
necessary waivers for their desired street section(s);
• Drainage study;
• Developer may be required to provide the County with a maintenance yard for storage of
signs, streetlights, road maintenance materials, and equipment, the location and size of
the yard is dependent upon the amount of public infrastructure constructed by the
development, a yard of sufficient size as determined by the County, must be provided
prior to the County's maintenance of any streets.
Clark County Water Reclamation District
• Applicant is advised to submit sewage flow calculations to the District to determine
availability and point of connection; submit for review and approval of civil plans for the
collection system, including any lift stations, and treatment systems; and that all sewer
infrastructure will become property of CCWRD once constructed and accepted.

Applicant’s Justification
Regarding the first waiver of conditions, the “no access onto Highway 159” was stipulated in the
NOFA following the approval of the Concept Plan and relates to requirement in the Stipulation
and Settlement Agreement. The applicant proposes that the condition language mirror that of the
Stipulation and Settlement Agreement. The following is a portion of that agreement: The
Parties agree that Gypsum may only take permanent secondary access from State Route 159 for
life safety purposes and that Gypsum may utilize access from State Route 159 for temporary
purposes during construction of the initial phase of development of any approved Major Project
in accordance with conditions established by the County during the Major Project process.

Regarding the second waiver of conditions, according to the applicant the BLM right-of-way
process includes the environmental review of the proposed development as defined in an
approved Specific Plan as the “connected action”. Gypsum Resources currently has an active
right-of-way application (N-94501) with the BLM and is preparing an Environmental
Assessment for the roadway. All relevant resource analysis has been performed for the project
area and the Environmental Assessment is in the first draft review.

Concurrent with the environmental review process for the right-of-way application is the detailed
engineering design of the roadway and infrastructure systems associated with the right-of-way.
The specific engineering design of the roadway and infrastructure systems require the dedication
of multiple engineering firms and the allocation of millions of dollars in cost to the applicant.
These plans are based on an approved Specific Plan and Public Facilities Needs Assessment
(PFNA).

Gypsum Resources proposes the modification of conditions that would allow for the
comprehensive review and, if appropriate, approval of the Specific Plan and PFNA in advance of
the BLM right-of-way grant. Based on the historical applications of the Major Project process in
Clark County, this modification would follow the acknowledged, orderly process for projects
where a roadway right-of-way is required. The Specific Plan and PFNA provide no real
entitlement or rights to develop and are merely step 2 of a three step process and the
modification of the conditions ensure complete protection for the County from any development
occurring in advance of the right-of-way grant and the executed Development Agreement.

Therefore, Gypsum Resources proposes that right-of-way approval from the BLM for primary
access would be required prior to the approval of any tentative map and/or building permit.
Prior Land Use Requests
Application Request Action Date
Number
MP-0505-16 Amended Concept Plan for the Gypsum Withdrawn by
Reclamation planned community – withdrawn the applicant
WC-0099-11 Waiver of conditions on a Concept Plan requiring Withdrawn by
(MP-0313-11) no access onto Highway 159; and right-of-way the applicant
approval from the BLM for primary access is
required prior to approval of Specific Plan in
conjunction with a mixed use comprehensive
planned community – withdrawn
MP-0313-11 Concept Plan for the Gypsum Reclamation planned Approved by August
community BCC 2011
MP-0736-02 Concept Plan for a planned community known as Withdrawn by
Cielo Encantado – withdrawn the applicant

Related Applications
Application Request
Number
MPS-0468-11 Specific Plan for Gypsum Resources is a companion item on this agenda.
MPP-0469-11 Public Facilities Needs Assessment for Gypsum Resources is a companion
item on this agenda.

STANDARDS FOR APPROVAL:


The applicant shall demonstrate that the proposed request meets the goals and purposes of Title
30.

Analysis
Current Planning
Waiver of Conditions #1
Access to Highway 159 for initial construction was anticipated and addressed in a Settlement
Agreement negotiated in 2010. It was never the intention of the applicant to agree that there
would be no access to State Route 159 for any purpose whatsoever. In order for the primary
access road to be properly constructed, it must be built from the top of the hill down, and the
only way to get to the top of the hill is by using State Route 159. Therefore, staff can support
temporary access from State Route 159 during the initial construction phase of the east primary
access road.

Waiver of Conditions #2
As stated above Gypsum Resources currently has an active right-of-way application (N-94501)
with the BLM and is preparing an Environmental Assessment for the roadway. To date, the
applicant has not provided staff with any documentation demonstrating why this condition
cannot be met as currently written. However, if this waiver is approved, staff understands
the final design of the road as submitted to the BLM will be dependent upon the traffic flows as
determined by a traffic analysis. Therefore, staff proposes a modification to the condition that
would allow for the comprehensive review and, if appropriate, approval of the Specific Plan and
PFNA in advance of the BLM right-of-way grant.

Public Works - Development Review


Public Works' staff concurs with Current Planning's analysis.

Staff Recommendation
Approval of waiver of conditions #1; and denial of waiver of conditions #2.

Approval of the waiver of conditions request constitutes a finding by the Commission/Board that
the conditions will no longer fulfill its intended purpose.

If this request is approved, the Board and/or Commission finds that the application is consistent
with the standards and purpose enumerated in the Comprehensive Master Plan, Title 30, and/or
the Nevada Revised Statutes.

PRELIMINARY STAFF CONDITIONS:

Current Planning
If approved:
• There shall be no access to State Route 159 except as required for the construction of the
primary east access road and for that road’s construction progress to be reviewed in 2
years;
• That right-of-way approval from the Bureau of Land Management (BLM) for primary
access is required prior to the submittal of an application for a land use entitlement,
which for the purposes of this condition means any application for a zone change, use
permit, design review, tentative map or final map, but does not include an application for
a development agreement.

Clark County Water Reclamation District (CCWRD)


• No comment.

TAB/CAC:
APPROVALS:
PROTEST: 39 cards

COUNTY COMMISSION ACTION: December 5, 2018 – HELD – To 01/23/19 – per the


applicant.

COUNTY COMMISSION ACTION: January 23, 2019 – HELD – To 04/17/19 – per the
applicant.

APPLICANT: GYPSUM RESOURCES, LLC


CONTACT: GYPSUM RESOURCES, LLC, RON KRATER, 22721 ISLAMARE CANE
AVENUE, SUITE 100, LAKE FOREST, CA. 92630