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HomeMy WebLinkAboutItem 2B PresentationCity Council HearingAgenda Item 2B Appeals of PC Approved Minor PD AmendmentCase No. 5.0303-PD 153 – AMND Oswit Land Trust.October 10, 2024 DEPARTMENT OF PLANNING SERVICES Item 2B - Page 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 Project Background •1983/84 -Council approved PD 153 and tract maps for a 600-Unit Condo Complex, a Clubhouse, Open Space,& an 18-hole golf course – Resolution Nos. 14814, 15540. •1985 -Council accepted a grant of Open Space Easement from the developer – Resolution No. 1548. •The residential uses and the golf club were developed in the late-1980s. •The golf course was abandoned by ownership about three years ago. •April 21, 2023 – Oswit Land Trust files application to amend the PDD. •The amendment would restore the native landscape while keeping the property as Open Space. •July 24, 2024 -Planning Commission approved the PDD Amendment •August 1, 2024 - Two Appeals of the Planning Commission decision were filed. •September 12, 2024 – initial hearing continued due to additional material received from applicant and appellants. Item 2B - Page 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 Amendment to the approved PDD to permit the following: •Modify the approved landscape plan to recognize the closure of the golf course •Remove dried vegetation, deceased trees and debris from the site •Restore the former golf course to a native habitat & nature preserve •Maintain public access along designated hiking and biking trails The original PD designated the site for open space -the landscape changes are consistent with that use and there is no change in use proposed Minor Amendments are typically approved by the Director of Planning Services. In light of public interest in this project, the Director referred the matter to the Planning Commission for consideration. Item 2B - Page 3 Overall Site Map El Cielo S. Sunrise Way Mesquite Avenue S. Farrell Drive Ramon Road Item 2B - Page 4 Item 2B - Page 5 Item 2B - Page 6 Appeal by the New Mesquite Homeowners Association (NMHOA) •A portion of the project area is not owned by OLT, but by NMHOA. •NMHOA did not consent to the application. •The terms of the sublease or easement do not permit OLT to use the property as a preserve. •The amendment would change the use of the property from golf course to preserve and should be processed as such. •A full application and public hearing should deal with all land covered by the original approved PDD 153. •OLT should obtain the consent of all property owners and leasehold interests. Appeal by the Desert Chapel •There is an active lawsuit between Oswit and the MCC HOA who assert the site must be used for a golf course. •The change from golf course to open space preserve is not a minor change to the landscape plan. •The extensive conditions of approval belie that this is a minor landscape plan amendment. •The application should consider all property in the approved PDD with hearing notices sent to all adjacent properties. •Hearing was held in the middle of summer with most of the adjacent residents away. •The City Council should remand this application back to the Planning Commission to amend the PDD completely. DEPARTMENT OF PLANNING SERVICES Item 2B - Page 7 Staff Response •PDD 153, as approved by Council, allows golf course and other open space uses. A preserve is a form of open space.The use of the site as a preserve does not constitute a change of use per the Zoning Code. •The amendment proposes to modify the landscape plan to recognize the closure of the golf course and restorenative desert habitat in place of the former golf course turf. There is no change to the remainder of the PDD. •The changes proposed are a minor modification as defined by the Zoning Code and may be approved by thePlanning Director. The Director elected to refer the matter to the Planning Commission, and no public hearing or formal notice was required; however, notices were sent to neighboring HOAs and neighborhood organizations within one mile of the property. Public testimony was accepted at the PC meeting. •Most Planning projects include standard and project-specific conditions of approval. The number of conditions does not correlate to whether a project is minor or major. DEPARTMENT OF PLANNING SERVICES Item 2B - Page 8 Staff Response •Without an amendment to the landscape plans,no site work can occur, including the clearance of dead vegetation,planting of new vegetation, or other activity necessary to maintain the site in safe and secure condition. •The applicants have submitted documents demonstrating ownership or leases that confirm their legal interestin the various parcels and permit them to make application for the affected parcels. •Ongoing litigation between the various parties over lease terms is a civil matter that must be resolved betweenthose parties. The City cannot mediate disputes over the terms of private leases. •All City boards and commissions, including the City Council, meet and conduct business in July. DEPARTMENT OF PLANNING SERVICES Item 2B - Page 9 STAFF RECOMMENDATION: 1.Amend Condition of Approval No. ADM 5 (Indemnification) at the request of the City Attorney; and 2. 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 - Page 10 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 - Page 11 Ownership & Leased Item 2B - Page 12