Legislation Details

File #: 24-1100   
Status: Agenda Ready
File created: 8/5/2024 In control: Clark County Board of Commissioners
On agenda: 8/20/2024 Final action:
Title: Adopt a revised policy to allow landowners with property encumbered by the Department of Aviation Restrictive Covenant and Reservation of Avigation & Clearance Easement (Restrictions) and located within the Cooperative Management Area boundary, to modify their deeds in order to amend those Restrictions to reflect the reduction in the airport environs noise contours; provide for all associated fees to be paid by the applicant; and designate the Director of Real Property Management or designee as the County Designated Representative with authority to act on behalf of the Board as set forth in the policy. (For possible action)
Attachments: 1. Staff Report, 2. CMA Deed Modification Policy Ph IV 2024-07-17

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Shauna Bradley, Director of Real Property Management

Recommendation: 

title

Adopt a revised policy to allow landowners with property encumbered by the Department of Aviation Restrictive Covenant and Reservation of Avigation & Clearance Easement (Restrictions) and located within the Cooperative Management Area boundary, to modify their deeds in order to amend those Restrictions to reflect the reduction in the airport environs noise contours; provide for all associated fees to be paid by the applicant; and designate the Director of Real Property Management or designee as the County Designated Representative with authority to act on behalf of the Board as set forth in the policy.  (For possible action)

body

 

 

FISCAL IMPACT:

Fund #:

5250.850

Fund Name:

CMA Operations

Fund Center:

2200400050

Funded PGM/Grant:

N/A

Amount:

N/A

Description:

Cooperative Management Area (CMA) Deed Modification Policy

Additional Comments:

Per the Southern Nevada Public Lands Management Act of 1998 (SNPLMA), gross proceeds will be distributed as follows: BLM 85%, State of Nevada 5% and the remainder to Department of Aviation.

 

BACKGROUND: 

On May 7, 2013, and on March 18, 2014, the Board of County Commissioners (Board) twice adopted a temporary CMA Deed Modification Policy to allow landowners with property encumbered by the Department of Aviation Restrictive Covenant and Reservation of Avigation & Clearance Easement (Restrictions) and located within the CMA boundary, to modify their deeds in order to amend those Restrictions to reflect the reduction in the airport environs noise contours. In exchange for the updated Restrictions, landowners are required to pay a fee equal to the difference in fair market value of the land pursuant to SNPLMA. On October 16, 2018, the Board adopted the current CMA Deed Modification Policy that allowed for a.) the policy to operate without expiration, b.) deed modifications applications to be processed in conjunction with land use applications or independently, and c.) the RPM Director to approve the deed modification fair market value fee for each application.

Staff wishes to present a revision to the CMA Deed Modification Policy for consideration. The revision to the policy would allow the Restrictions to be modified to permit accessory uses on property located within the airport environs noise contours, when said accessory uses are in support of incompatible uses on a.) the same property split by an airport environs noise contour, or b.) an adjacent property. The policy defines accessory use as a use or activity, subordinate in area, extent, and purpose, incidental to the primary use consisting of landscaping, open space, parking (surface lots, detached carports, and detached parking garages), playgrounds, recreational courts (basketball, pickleball, and tennis), and swimming pools.

Under the revised policy, the County is not obligated to amend any Restrictions. Any amended Restrictions are not intended to promise or guarantee that the proposed accessory use will be allowed. Any landowner obtaining a deed modification must still apply for and obtain all land use, zoning, mapping and permit approvals as required by Clark County Code and pay the deed modification fair market value fee.

This item was presented to the County Long Range Planning Committee on August 7, 2024.