Sunday, March 30, 2003
Copyright © Las Vegas Review-Journal

James wants Red Rock restrictions

County commissioner listens, is ready to protect Southern Nevada's `crown jewel'

Billie Jean James, left, Desiree Saporito, center, and Richard Brown, right, wave and call to motorists at the Red Rock overlook during Saturday's rally held by Blue Diamond residents concerned about potential development in the area. Photo by Amy Beth Bennett.

After opposing efforts to limit housing near Red Rock Canyon, Clark County Commissioner Mark James this weekend said he wants to enact a law immediately that would restrict development near the scenic recreation area.

James, whose district includes Red Rock Canyon, was the only one of seven county commissioners who opposed state legislation, and expressed doubt about a county proposal, aimed at limiting development east of Red Rock.

James said he decided to push for new zoning controls after facing off Thursday with about 100 anxious residents of the nearby village of Blue Diamond, who for the second time since August are battling a developer they believe wants to put thousands of homes on 2,400 acres that border Red Rock.

"I came away from that meeting absolutely convinced that those people are right," James said Friday evening. "It's a decision I came to by listening to the people in my district. Red Rock is the crown jewel of Southern Nevada. It's our crown jewel, and we need to act to protect it."

James said he will act immediately so the commission can consider his proposal April 15.

His proposal would allow up to one home on every two acres on the 2,400 acres purchased March 21 by developer Jim Rhodes for $50 million.

James' proposal is similar to a bill authored by state Senate Minority Leader Dina Titus, D-Las Vegas. James' proposal, however, would allow the commission to lock in the rural zoning rather than let county voters control the density as Titus proposes.

Titus and some of the nearly 150 people who on Saturday attended a "Save Red Rock" rally expressed optimism about James' proposal.

"This is the most thrilling moment of my life," Blue Diamond resident Pauline Van Betten said of James' proposal. "I am so grateful to Dina Titus and Mark James for listening to the outcry of thousands and thousands and thousands of people who love Red Rock Canyon."

But many of the residents are still concerned that Rhodes will use his wealth and influence to kill Titus' legislation and push a zone change through the County Commission that would enable him to erect thousands of homes.

The three-hour rally at the scenic overlook in Red Rock included speeches, one in which Titus led cheering onlookers in a chant, "Red Rock -- Yes, Rhodes Ranch -- No ... Red Rock -- Yes, Rhodes Ranch -- No."

Blue Diamond residents Laura Glismann, 47, and Trent Billingsley, 39, said they would prefer that Titus' legislation be approved along with James' proposal. They believe a state law might be more binding than a decision that a subsequent County Commission could rescind or water down.

"If it is at the commission level, the commission can come back and change it," Billingsley said. "Zoning is meant to be changed, whereas if we get it through the Legislature it is harder to change."

Despite support for stricter zoning regulations from political heavyweights like Titus, the County Commission, the Southern Nevada Home Builders Association, the Sierra Club and others, Blue Diamond residents are still worried Rhodes will be victorious.

"It's really hitting a climax here for the people," Van Betten said last week. "Emotions are very high. ... There is a great degree of desperation."

The potential obstacles that worry Blue Diamond residents include:

• That Rhodes purchased the 2,400 acres outright, which they said shows he's confident he can defeat efforts to limit development in his land.

A spokeswoman for Rhodes last week said the developer doesn't yet know what he will do with the property, but a news release from Rhodes said it might be better to develop the acreage rather than continue using it for a mining operation for another 20 years. The spokeswoman did not immediately return a message Saturday.

"It would be more cost effective (for Rhodes) to make an assault on the zoning, and get more stuff up there," Blue Diamond resident Max Heeman, 45, said of Rhodes. "He must feel he has something going on there ... to crack the RU (rural) zoning."

• That three county commissioners must withdraw themselves from voting if Rhodes seeks a commission-approved zone change to increase the housing density allowed on his land.

Commissioners Rory Reid and Bruce Woodbury, who are both lawyers, and Commissioner Chip Maxfield, a civil engineer, under state law would have to abstain on a zoning decision involving Rhodes' property because their firms work for the developer.

As a result, a zoning matter would be decided by James and Commissioners Mary Kincaid-Chauncey, Myrna Williams and Yvonne Atkinson Gates.

Woodbury said Rhodes late last year hired a partner in his firm, and that he must abstain as a result.

"When I was told a few weeks ago (about the potential conflict) I didn't think anything about it, but when I heard about this (Rhodes') purchase it gave me cause for concern," Woodbury said.

• Even though the county is putting the finishing touches on an ordinance that limits a developer's ability to get a commission-approved zone change, the law wouldn't apply to Rhodes.

Since his land is located in the Northwest Master Plan area it wouldn't be subject to the new rules until that master plan is updated, said Barbara Ginoulias, assistant director of current planning for the county.

Blue Diamond residents, as a result, are worried Rhodes will apply for a zone change before the commission or the Legislature acts to limit development on his land.

However, since Rhodes' property is more than 700 acres, the county would process his development plans as a "major project." The procedures for such projects typically take about a year, Ginoulias said.