| 6/16/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the matter of the aforementioned described application of Bernard Hamilton Jr. (Pinnacle Homes) to vacate and abandon easements of interest (as indicated on the ATTACHED agenda item):
REPRESENTATIVE(S): Present
SPEAKER(S): Present
DISCUSSION: There being no objections, Item No. 19 was heard in conjunction with Item Nos. 20 and 21.
Following introduction of Item Nos. 19, 20, and 21, the Board was addressed by Stephanie Allen, the applicant’s representative, who advised that the subject property was located at the north west corner of Camero Avenue and Tomsik Street; zoned R-E (Rural Estates Residential); proposed half acre lots with approximately 4,000 square foot single-story homes; held several neighborhood meetings; and addressed concerns regarding the vacation of a cul-de-sac partially located on Mrs. Huang’s property.
Maria Huang, a neighbor, advised of receiving the postcard meeting notification approximately two days before the advisory board meeting; two cul-de-sac’s were adjacent to each other; her septic tank was approved after the vacation by the previous owners; when the second cul-de-sac was vacated the first cul-de-sac did not return to the previous owner; expressed concerns regarding the ramifications for the vacation; spoke with the Planning Department, an engineering firm, and land use attorneys who advised that the matter was complex; plans to hire an engineering firm; expressed additional concerns regarding the six feet of fill dirt, being that her farm was registered organic and the run-off may invalidate the certification; and requested additional time to hire an engineering firm to research the matter.
Deana Young, a neighbor who lived north of the proposed development, spoke regarding the vacation of the triangle shaped portion used for drainage; was informed by the developer that vacating the triangle shaped portion was advisable, and believed that the vacation was for the drainage; learned at a neighborhood meeting that a drainage flume will be constructed, meaning that the parcel would still be used for drainage; expressed concerns that property may become inaccessible from the north; was informed that there may not be adequate access from the south; and requested time to hire an engineer to investigate the matter.
Stephanie Allen and Robert Cunningham, the applicant’s engineer, advised that the second cul-de-sac will be vacated and the lower cul-de-sac will remain; the triangle shaped portion to the north of the subject property was owned by flood control, and the applicant’s engineer was in the process of submitting an application to vacate the drainage easement on behalf of Mrs. Young; Mrs. Young’s property was to the north of the triangular shaped portion; a drainage easement will be constructed along the Tomsik alignment which drained to the north and continued the existing flows; a significant amount of water historically flowed through the triangular portion, a facility was constructed adjacent to the channel located to the west of Durango Drive which cut off some drainage to the area; a drainage easement was still needed on the triangular portion; the subdivision to the east of the triangular portion had a 15 foot concrete lined drainage easement which the applicant’s engineer believed was needed on the triangular portion to convey the flow; and the applicant was in the pre-application stage with staff for the vacation of the triangular portion; the asphalt ended at the lower cul-de-sac and the cul-de-sac being considered for vacation was landscaped; and further advised that the height was discussed during the last neighborhood meeting, and that the applicant will be working with Public Works regarding the possibility of constructing type b drainage on lot No. 3; lot No. 9 will be landscaped due to being a front lot facing Mrs. Huang’s home; a wall with two feet of retaining and six feet of block wall will be constructed, and the applicant agreed to use wrought iron fencing for wall heights above eight feet.
Staff advised that the triangular portion was owned by Clark County and was supposed to only be accessed by the County, through an access easement, to maintain drainage; staff was working on vacating the triangular portion; once vacated, the triangular portion reverted back to the home owner to the north who would have to find access through Mistral Avenue.
County Legal Counsel expressed concerns regarding the access from the north if the home owner wanted to sell the parcel or construct a structure on the property; and if the County vacated the cul-de-sac, the home owner would have to create access to the triangular parcel through her property.
Staff further advised the Board that when the County vacates a parcel that does not guarantee that the home owner may subdivide in the future; and the vacated parcel goes back to the parcel which gave the parcel up for flood control purposes, with legal access through Mistral Avenue.
In response to Commissioner Kirkpatrick, staff advised that the triangular portion was approximately a half-acre.
The applicant’s representatives advised of staff’s condition of a 20-foot access easement to the triangular piece, for Public Works to access the flood control channel, if the vacation of the cul-de-sac was granted by the Board. | Pass |
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