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Home My WebLink About2B - PresentationCity Council HearingAgenda Item 2B Appeals of PC Approved Minor PD AmendmentCase No. 5.0303-PD 153 – AMND Oswit Land Trust.September 12, 2024 DEPARTMENT OF PLANNING SERVICES Item 2B - 1 Background of the Project Site •On September 21, 1983, City Council approved PD 153 and TTM 18370 for a 600-Unit Condo Complex , a Clubhouse, & an 18-hole golf course – Resolution No. 14814 •On December 19, 1984, City Council approved Final Development Plans for the golf course portion of the PDD – Resolution No. 15540 •On September 18, 1985, City Council accepted a grant of Open Space Easement from the developer of Mesquite Country Club – Resolution No. 1548 •The residential uses and the golf club were developed in the 1980s. •The golf course was abandoned by ownership about three years ago •The proposed Amended Project will keep property as Open Space. DEPARTMENT OF PLANNING SERVICES Background of the Project Site •On September 21, 1983, City Council approved PD 153 and TTM 18370 for a 600-Unit Condo Complex , aClubhouse, & an 18-hole golf course – Resolution No. 14814 •On December 19, 1984, City Council approved Final Development Plans for the open space/golf course portionof the PDD – Resolution No. 15540 •On September 18, 1985, Council accepted a grant of Open Space Easement from the developer of MesquiteCountry Club – Resolution No. 1548 •The residential uses and the golf club were developed in the 1980s. •The golf course was abandoned by ownership about three years ago •The proposed Amended Project will keep property as Open Space. •On July 24, 2024, the Planning Commission approved the PDD Amendment •On August 1, 2024, two Appeals of the Planning Commission were filed. Item 2B - 2 Background of the Project Site •On September 21, 1983, City Council approved PD 153 and TTM 18370 for a 600-Unit Condo Complex , a Clubhouse, & an 18-hole golf course – Resolution No. 14814 •On December 19, 1984, City Council approved Final Development Plans for the golf course portion of the PDD – Resolution No. 15540 •On September 18, 1985, City Council accepted a grant of Open Space Easement from the developer of Mesquite Country Club – Resolution No. 1548 •The residential uses and the golf club were developed in the 1980s. •The golf course was abandoned by ownership about three years ago •The proposed Amended Project will keep property as Open Space. DEPARTMENT OF PLANNING SERVICES PC Approved Project Minor PDD Amendment for the former Golf Course to include the following: •Modify the associated final landscape plan approved by Council in1983 •Remove dried vegetations, deceased trees and debris from the site •Restore the former golf course to a native habitat & nature preserve •Install public access along designated hiking and biking Trails •The original PD designated the site as Open Space, the preserve will remain as Open Space •Minor Amendments typically approved by the Director of Planning Services In this case because of Public Interest, Scope & Size of the project, the Director decided to send it to the Planning Commission at a Public Meeting. Item 2B - 3 Overall Site Map El Cielo S.Sunrise Way Mesquite Avenue S.Farrell Drive Ramon Road Item 2B - 4 Item 2B - 5 Item 2B - 6 Appeal filed by the New Mesquite Homeowners Association (NMHOA) 1.A portion of the land covered by PDD 153, is not owned by OLT, but by NMHOA. 2.NMHOA did not consent to or join any application or request from OLT, nor did authorize OLT to request such a plan amendment on its behalf. 3.OLT has no right to use the NMHOA Land as a preserve under the terms of the Sublease or Easement. 4.The "minor" plan amendment would change not only the landscaping but also the use of the property from golf course to preserve and thus change the original intent of PDD 153. 5.A complete application and public hearing should be held to deal with the land covered by the original approved PDD 153. 6.The entirety of the original PDD boundary should be included in any application and OLT should not be able to force its desired changes as to owners of other portions of the land without their consent and approval. Appeal filed by the Desert Chapel 1.Oswit is in a lawsuit with the MCC HOA. HOA requires that area to be a golf course not a preserve. 2.The change from golf course to open space preserve is not a minor change to the landscape plan. 3.The extensive conditions of approval belie that this is a minor landscape plan amendment. 4. A public hearing should be held to deal with the entirety of the land covered by the original approved Planned Development District with public hearing notice going to all properties within 500 feet of the entire PDD. 5.The entirety of the original PDD boundary should be included in any application and not piecemeal the PDD. 6. Hearing was held in the middle of summer with most of the adjacent residence away. 7.The City Council remand this application back to the Planning Commission to amend the PDD completely DEPARTMENT OF PLANNING SERVICES Item 2B - 7 Staff Responses: •Ongoing litigation between the HOA and the Oswit Land Trust is a civil matter that is not related to the consideration of the PDD Minor Amendment process. •The applicants have submitted documents demonstrating ownership or leaseholds that authorize them to make application for all affected parcels. •Disagreements over the terms of any lease are a civil matter between those parties. •The minor amendment does not change the current Open Space use permitted by PDD 153. The former Mesquite Golf Course ceased operation about three years ago, and the amendment will allow the restoration of landscape consistent with an open space use. •Section 94.03.00(G)(1) of the Zoning Code allows minor modifications to approved PDDs and indicates they may be approved by the director or may be referred to the planning commission for approval at the discretion of the Director. The Code further states that minor amendments include adjustments to landscape, buffer areas or open space areas, provided lot coverage and open space requirements are maintained. •The PDD amendment proposes to amend the landscaping plan for the former golf course to allow native desert habitat instead of the turf that was maintained previously. The remainder of the PDD area will remain unchanged. •In accordance with the Zoning Code, a public hearing is not required for a minor amendment to a PDD; however, notices were sent to all the neighborhood organizations within one mile of the property. •All City Boards and Commissions, including the City Council, meet and conduct business in July. •There are standard conditions placed on every application for a consideration by the Planning Department and the number of conditions does not correlate to whether a project is minor or major. In this case, the standard conditions of approval also included project specific conditions due to the unique nature of the project and to address the concerns of the neighboring residents. DEPARTMENT OF PLANNING SERVICES Item 2B - 8 STAFF RECOMMENDATIONS: The City Council to deny the appeals filed by the New Mesquite Homeowners Association and Desert Chapel and uphold the decision of the Planning Commission. DEPARTMENT OF PLANNING SERVICES Item 2B - 9 OLT Lease OLT owned OLT owned OLT Lease OLT Lease OLT owned OLT owned OLT owned OLT owned OLT owned OLT Lease Ownership & Leased Item 2B - 10 Ownership & Leased Item 2B - 11