Let games begin with Rhodes’ Blue Diamond waiver request

Less than three months after winning approval of a concept plan for a city atop Blue Diamond hill, developer Jim Rhodes is asking for a game change. He wants waivers of two of the 26 conditions the Clark County Commission placed on his project Aug. 17.

Did everyone see that coming? Of course you did.

Without those waivers, Rhodes is going to have a heck of a time accessing the property he and his brother John bought in 2002 for $54 million.

Rhodes now claims the condition "No access onto Highway 159" set by the commissioners was a misunderstanding. Surprise, surprise, he wants to use the scenic route adjacent to the Red Rock Canyon Conservation Area during construction of the primary access road and for safety and emergency purposes.

Oh, and he wants to waive that condition that says, "Right of way approval for the BLM for primary access is required prior to approval of a specific plan."

Rhodes now says he didn't realize he couldn't file the application with the Bureau of Land Management, and he wants the county to make the application.

Nothing like buying land you can't access.

Clark County Commission Chairwoman Susan Brager said there was no misunderstanding on her part, and she's sticking to the position that Rhodes should not use state Route 159 and that the right-of-way access across BLM land is Rhodes' responsibility, not the county's.

"They'll have to go around me," she said Thursday.

The controversial project is in her district.

The August meeting seemed clear. Rhodes attorney Chris Kaempfer said he would accept Brager's condition that there is no access to Route 159. Now he's saying Rhodes was giving up, at Brager's request, the use of the scenic highway during the first phase of construction, not giving up access entirely. But that's not what he said then.

Expect another contentious zoning meeting Nov. 16 when the two waiver requests from Rhodes' Gypsum Resources are heard.

Rhodes wants to develop 4,700 homes, a business park, retail areas, a college and other amenities on the former gypsum mining site.

U.S. District Judge Robert Jones has already defended Rhodes' property rights, and county attorneys advised commissioners they can't reject the project just because they don't like the location, or the judge might step in and make zoning decisions. The judge actually said Rhodes could use Route 159 during the early phase of construction.

While Brager objects to both waivers, county staff recommended in favor of waiving the restriction banning access to Route 159. Staff said the second request about whether Rhodes or the county should obtain right-of-way permission from BLM is premature because it hasn't been decided if that access road is going to be a private road or a public road.

The Red Rock Citizens Advisory Council met last week and opposed the two waivers. But council member Evan Blythin is not optimistic that the majority of the county commissioners will reject the waivers, even though concept approval split 5-2, and Brager opposes the waivers.

"I don't have any problem with Rhodes; he's doing what a robber baron does. I have no problem with Kaempfer; he does what lawyers do. My problem is the commissioners. I'm really disenchanted with them," Blythin said, predicting the waivers will be granted.

In a delicate balance between what commissioners can do and what a federal judge might do, commissioners must tread carefully to keep control of the project.

In a project with this much opposition, every waiver request is likely to result in an outpouring of anger and frustration from a public hoping to protect Red Rock Canyon, a natural treasure.

But for pure theater, tune in to the Nov.16 zoning meeting to hear Kaempfer's explanation of the misunderstanding and see if he changes Brager's mind.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. Email her at Jane@reviewjournal.com or call her at (702) 383-0275. She also blogs at lvrj.com/blogs/Morrison.