04/17/19 BCC AGENDA SHEET

UPDATE
SPECIFIC PLAN STATE HWY 159/STATE HWY 160
(TITLE 30) (RED ROCK)

PUBLIC HEARING
APP. NUMBER/OWNER/DESCRIPTION OF REQUEST
MPS-11-0468-GYPSUM RESOURCES I, LLC:

AMENDED HOLDOVER MAJOR PROJECT for a Specific Plan for a mixed-use

comprehensive master planned community (Gypsum Reclamation) and to establish the framework
and guidelines for future land use requests and development, and to address issues, improvements,
and phasing of improvements identified by the Board of County Commissioners on approximately
2,010.6 acres (previously 2,016) 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
(description on file). JJ/jvm/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:
Specific Plan
This is a request to consider the Specific Plan for the Gypsum Reclamation Major Project. The
purpose of a specific plan is to assist in the implementation of an overall purpose and intent of the
area land use plan, and is intended to be consistent with the overall purpose and intent of the area
land use plan, and is intended to be consistent with and further the objectives and policies of the
existing land use plan and overall Master Comprehensive Plan. A specific plan is a sub-element of
an adopted concept plan that is intended to address project specific issues such as, but not limited to,
development standards, streetscapes, buffering/transitional strategies, architecture, traffic
ingress/access locations, and signage. The specific project issues are typically more detailed and are
addressed through a traditional goal and policy oriented document that is generally broad and
general in scope. The specific plan is the second step in the Major Projects process.

The major project review process is a multi-step process beginning with a pre-application meeting
followed by the concept plan/planning area review, the public facilities needs assessment (PFNA),
the specific plan or land use plan review, development agreement and the land use approval process.
Land History
Since 1925, Blue Diamond Hill Gypsum Mine has operated as one of the world’s largest gypsum
mines. The mining operation includes approximately 2,464 acres of active mining area, as well as a
471 acre gypsum wallboard plant and distribution facility near State Route 159. James Hardie, Inc.
purchased the site in 1987 and continued the mining operations through 2003. In late 1999, the
company offered the mine property for sale. In 2001, John Laing Homes entered into an agreement
to purchase the property from James Hardie, Inc. and prepared plans for a master planned
community. Those plans were withdrawn and John Laing Homes did not move forward with the
option to purchase the property. Gypsum Resources, LLC purchased the property in 2002 and
continues to manage the resource known as Blue Diamond Hill.

In 2003, both the State of Nevada and Clark County adopted laws or ordinances preventing
landowners from applying for a zone change that increased density or proposed any uses other than
low density residential within the approximate 46,000 acre Red Rock Overlay District. Gypsum
Resources, LLC filed lawsuits against both the State of Nevada and Clark County alleging these
laws violated the constitutional right to equal protection under law. In November 2009, the Federal
Court struck down the State Law (SB 358) as unconstitutional. To avoid continued litigation and the
potential for the County ordinance being voided, Gypsum Resources and Clark County entered into
settlement negotiations in 2009-2010. Both parties seeking to remedy the situation agreed to a
settlement that designated an Exception Area of approximately 5,116 acres within the Overlay
District. This settlement agreement permitted portions of the Exception Area to apply to be
comprehensively planned as a Major Project with the purpose to provide standards and procedures
for the acceptance, processing, hearing, and final action on applications for lands designated as
future development. The settlement agreement was brought before the Clark County Board of
Commissioners and approved in April 2010.

In June of 2011, Gypsum Resources, LLC submitted a Concept Plan to Clark County which was
ultimately approved with conditions by the Clark County Board of County Commissioners (BCC) in
August 2011. In January, 2012 Gypsum Resources, LLC began the pursuit of a land exchange with
the Bureau of Land Management (BLM), over the next several years a number of proposals were
submitted to the BLM for a land exchange, and were all subsequently denied.

As part of the conditions of the Concept Plan, no access onto Highway 159 was permitted. The
applicant proposes modifying the original condition language to mirror a portion of the language
within the Stipulation and Settlement Agreement that states “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.”

An additional condition was also imposed by the BCC on the Concept Plan requiring right-of-way
approval from the Bureau of Land Management (BLM) for primary access prior to approval of the
Specific Plan. Gypsum Resources currently has an active right-of-way application (N-94501) with
the BLM for a private mine/haul road and is preparing an Environmental Assessment.
Land Use
The Specific Plan reflects a proposal of 3,000 dwelling units on 2,010.6 acres for a maximum
overall density of 1.5 dwelling units per acre. The idea for this development is envisioned as a
sustainable rural village that merges the desert landscape with the built environment central to the
vision is a community-wide open space system; a system that embraces the unique qualities of the
area, preserves view corridors, creates public access, and reclaims much of the land that has been
impacted by the strip and open pit mining activities of the past. The village core zone is proposed to
incorporate the largest mix of land uses and the highest average intensity within the community plan.
The residential neighborhoods are envisioned to include a variety of home types, density ranges,
sizes, and pricing levels. These areas will predominately be comprised of residential, community
facilities, educational, open space, and recreational uses. The applicant indicates that the community
will build out over the next 20 to 25 years.

The following table lists the estimations of the proposed land uses, area, density, and proposed
maximum yield of units.
Average Proposed
Land Use Acreage Max. Density
Density Units
Residential Rural 512.6 0.5 du/ac 0.5 du/ac 150
Rural Neighborhood 478.7 2.0 du/ac 2.0 du/ac 760
Residential Low 553.0 3.5 du/ac 3.0 du/ac 1,660
Residential Suburban 40.7 8.0 du/ac 5.9du/ac 240
Residential Medium 16.3 12.0 du/ac 8.0 du/ac 130
Subtotal 1,601.3 2,940
Commercial General 62.0 60
Commercial Neighborhood 8.0
Office Professional 12.0
Business and Design/Research 43.0
Park
Public Facilities 104
Open Space 180.3
Totals 2,010.6 3,000

A summary of the major goals for Gypsum Resources, LLC and their Specific Plan are:
• Create a feasible development plan that will repair the damage done to the property by
mining activities.
• Address a wide range of community needs such as public access, open space, conservation,
sustainability, housing diversity, job creation, and education.
• Implement the most advanced models of development including such practices as
community-wide water conservation programs, low-impact design engineering, renewable
energy generation, and green building.
• Create a development plan that generates enough revenue to fund the reclamation of the
mining impacts, infrastructure improvements and maintenance, and public services.
• Create a “Village Core” that provides a broad spectrum of community needs (recreation,
services, education, research, health and wellness, and housing types).
• Minimize off site viewshed impacts by locating the majority of development out of critical
view paths and implementing design criteria that emphasize natural color and materials.
Prior Land Use Requests
Application Request Action Date
Number
MP-0505-16 Amended Concept Plan for the Gypsum Withdrawn by
Reclamation planned community the applicant
WC-0099-11 Waiver of condition of a Concept Plan requiring no Withdrawn by
(MP-0313-11) 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

Surrounding Land Use

Planned Land Use Category Zoning District Existing Land Use
North & Public Facilities and Open Land R-U Undeveloped, & mining
East (Open Space/Grazing; Residential up operations
to 1 du/10 ac)
South Industrial R-U Gypsum processing plant
West Public Facilities and Residential Rural R-U Undeveloped
(up to 0.5 du/ac)

Related Applications
Application Request
Number
MPP-0468-11 Holdover PFNA for Gypsum Resources is a companion item on this agenda.
WC-18-400232 Waiver of conditions of a Concept Plan requiring the following: 1) no access
(MP-0313-11) 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 planned
community 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.
The application may be approved if the Board determines that the plan is consistent with the
community goals, compatible with existing and planned land uses, and addresses issues
identified at the Concept Plan and Public Facility Needs Assessment (PFNA). Additionally, a
Specific Plan shall include development standards, design manual (landscaping, streetscape,
signage, buffering/transition between uses, performance factors), transportation plan, land use
designations, and phasing plan.
Analysis
Staff finds that the location of this proposed project is unique to the County and the impacts to the
surrounding area that could occur by its development are difficult to establish. Some of the impacts
are perceived and some are justifiable when evaluating this plan for the development of Blue
Diamond Hill. The project is proposed in an area of the County that currently is developed with a
rural, low-density character. However, the eastern edge of the property is within approximately 3
miles of the Las Vegas Valley urban area. In addition, the subject site is surrounded on 3 sides by
the Red Rock Canyon National Conservation Area, which will be impacted by the proposed project.

A relevant resource analysis has been performed for the project area and the Environmental
Assessment is in the first draft review. However, staff finds that the Specific Plan lacks specific
information and contains inconsistencies and errors that need to be addressed. Specifically,
the plan does not contain development standards and design guidelines to guide future growth
of the various residential uses in accordance with the stated vision and plan concepts. In
addition, the plan lacks guides, concepts, and implementing policies for all non-residential
uses. The Specific Plan also illustrates a Resort Core which could be interpreted as a
Commercial Tourist area which was to be removed from the Specific Plan and a golf course
which is not considered to be sustainable development. Several exhibits in the plan also
illustrate physical improvements such as parks and open space, and a primary access road and
internal street networks within Bureau of Land Management (BLM) land of which
concurrence from BLM has not been provided. Lastly, staff does not find 43 acres of Business
and Design/Research Park, 70 acres of Commercial, and 12 acres of Office/Professional to be
balanced and sustainable for the proposed 3,000 units, of which approximately 35% is planned
to be adult active (aka age targeted/qualified).

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:
• Conformance to the plans as presented with the specific plan;
• Continue to address all issues and concerns as listed in the Public Facilities Needs
Assessment;
• Developer to act as master developer to provide and coordinate the provision of
infrastructure and services;
• Enter into a development agreement prior to any permits or subdivision mapping;
• Applicant to apply for and have approved a use permit for modified development standards
(design guidelines) as defined within the Specific Plan;
• Applicant is advised that a substantial change in circumstances or regulations may warrant
denial or added conditions to an extension of time; the extension of time may be denied if
the next phase of the major project process has not commenced or there has been no
substantial work towards completion within the time specified; and that land use
 applications for development must be submitted within 2 years or the specific plan will
expire and all related approvals for the major project will become void.

Public Works - Development Review

• No comment.

Clark County Water Reclamation District (CCWRD)

• Applicant is advised to contact CCWRD and refer to Point of Connection (POC) reference
tracking #0085-2018.

TAB/CAC:
APPROVALS:
PROTEST: 32 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, 8912 SPANISH RIDGE AVE #200, LAS VEGAS,
NV 89148