Controversial plan near Red Rock Canyon gets Clark County Commission OK to proceed
A contentious debate for over a decade takes center stage at a Clark County Commission zoning meeting. Save Red Rock argues development will damage Red Rock Canyon, while developers believe building homes will bring jobs. (Elaine Wilson/Las Vegas Review-Journal)
February 22, 2017 - 9:01 am
Updated February 23, 2017 - 11:55 am

Susan Nicaise a supporter of Save Red Rock, holds a sign to protest the proposed development of 5,025 homes on Blue Diamond Hill at a press conference before the County Commissioners meeting Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals cheer as they watch testimonies given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Rebecca Kickel, supporter of Save Red Rock, holds a sign against developing Red Rock while individuals watch testimonies given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Howard Booth, 90, center, has been fighting for Red Rock for 55 years, goes over his testimony that he will give against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals watch testimonies given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Brien McCrea, passionate supporter of Save Red Rock, watches a testimony given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wed. Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Brien McCrea, passionate supporter of Save Red Rock, watches a testimony given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Brien McCrea, passionate supporter of Save Red Rock, cheers while watching testimonies given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Howard Booth, 90, has been fighting for Red Rock for 55 years, watches a testimony given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals line up to give their testimony regarding the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals line up to give their testimony regarding the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals line up to give their testimony regarding the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Rebecca Kickel, supporter of Save Red Rock, sings up to give a testimony against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Kevin McGinn, deputy chief of the Blue Diamond Hill volunteer fire station, gives a testimony against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Howard Booth, 90, has been fighting for Red Rock for 55 years, gives a testimony against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

People gather for a press conference to protest the proposed development of 5,025 homes on Blue Diamond Hill at a press conference before the County Commissioners planning meeting Wednesday, Feb. 22, 2017, Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

People gather for a press conference to protest the proposed development of 5,025 homes on Blue Diamond Hill at a press conference before the County Commissioners planning meeting Wednesday, Feb. 22, 2017, Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals cheer during a press conference to protest the proposed development of 5,025 homes on Blue Diamond Hill before the County Commissioners planning meeting Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Thomas Joseph "T. J." Lavin, American BMX rider and the host of MTV's The Challenge, speaks against the proposed development of 5,025 homes on Blue Diamond Hill at a press conference before the County Commissioners planning meeting Wednesday, Feb. 22, 2017, at the Clark County Government center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

The Killers' manager Robert Reynolds speaks on behalf of the local band against the proposed development of 5,025 homes on Blue Diamond Hill at a press conference before the County Commissioners planning meeting, Wednesday, Feb. 22, 2017, Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Congresswoman Jacky Rosen speaks against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals watch testimonies given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wed. Feb. 22, 2017, in the cafeteria of the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dozens of individuals watch testimonies given against the proposed development of 5,025 homes on Blue Diamond Hill to the County Commissioners Wednesday, Feb. 22, 2017, in the cafeteria of the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Heather Fisher, president of Save Red Rock, testifies before the Clark County Commission, Wednesday, Feb. 22, 2017 at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Steve Sisolak, County Commissioner chairman, listens to Heather Fisher, president of Save Red Rock, testify against the potential Blue Diamond Hill development, Wednesday, Feb. 22, 2017 at the Clark County Government Center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dr. Sheila Billingsley, treasurer of of Save Red Rock, discusses her great disappointment with the County Commissioners' decision regarding the proposed development of 5,025 homes on Blue Diamond Hill, Wed. Feb. 22, 2017, at the Clark County Government center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Dr. Sheila Billingsley, treasurer of of Save Red Rock, discusses her great disappointment with the County Commissioners' decision regarding the proposed development of 5,025 homes on Blue Diamond Hill, Wed. Feb. 22, 2017, at the Clark County Government center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Naomi Lewis, conservation organizer for Nevada Conservation Legue, left, and Demi Falcon, supporter of Save Red Rock leave the County Commissioners planning meeting with low spirits after the decision regarding the proposed development of 5,025 homes on Blue Diamond Hill, Wed. Feb. 22, 2017, at the Clark County Government center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

Naomi Lewis, conservation organizer for Nevada Conservation Legue, left, and Demi Falcon, supporter of Save Red Rock leave the County Commissioners planning meeting with low spirits after the decision regarding the proposed development of 5,025 homes on Blue Diamond Hill, Wed. Feb. 22, 2017, at the Clark County Government center. (Elizabeth Brumley/Las Vegas Review-Journal) @EliPagePhoto

The site of a proposed community is seen inside the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Thursday, Aug. 11, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

The Las Vegas Strip is visible from the edge of the site of a proposed community at the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Thursday, Aug. 11, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

Professional BMX biker TJ Lavin speaks with supporters of the local environmental nonprofit Save Red Rock at the Clark County Zoning Commission Meeting on Wednesday, February 22, 2017. (M. Scott Davidson/Las Vegas Review-Journal)

Robert Reynolds, manager of The Killers, speaks with supporters of the local environmental nonprofit Save Red Rock at the Clark County Zoning Commission Meeting on Wednesday, February 22, 2017. (M. Scott Davidson/Las Vegas Review-Journal)

A large flat area of land is seen during a tour of the site of a proposed community inside the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Thursday, Aug. 11, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

A truck leaves the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Wednesday morning, Aug. 10, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

Ron Krater points to the site of a proposed community at the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Thursday, Aug. 11, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

A crow flies over the site of a proposed community inside the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Thursday, Aug. 11, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

A large flat area of land is seen during a tour of the site of a proposed community inside the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Thursday, Aug. 11, 2016. Daniel Clark/Las Vegas Review-Journal Follow @DanJClarkPhoto

A truck leaves the Blue Diamond Hill Gypsum mine near the town of Blue Diamond on Wednesday morning, Aug. 10, 2016. (Daniel Clark/Las Vegas Review-Journal) Follow @DanJClarkPhoto
Close to 100 people pleaded with the Clark County Commission on Wednesday to block a concept plan for a proposed 5,025-home development near the Red Rock Canyon National Conservation Area.
In the end, their arguments didn’t matter. They hadn’t for five years.
Heeding advice from county attorney Robert Warhola, commissioners voted 5-2 to recognize that a similar concept plan submitted by mining company Gypsum Resources in 2011 had never expired and, therefore, it was unnecessary to approve the company’s newest concept plan.
“Whatever you decide today, the 2011 concept plan is in place, and the developer can move forward regardless,” Warhola, who specializes in land use and zoning law, told commissioners.
Gypsum Resources and developer Jim Rhodes aim to construct a community on about 2,000 acres of hilltop property that is home to a gypsum mine. The effort stalled after the 2011 approval while the company discussed a potential land swap with the U.S. Bureau of Land Management.
Project planning consultant and spokesman Ron Krater said the plan submitted in 2016 was done for “an abundance of caution.” As part of Tuesday’s vote, Gypsum Resources will be allowed to withdraw its 2016 concept plan.
Many who showed up to protest the proposed development said a new community would overburden local roads and other infrastructure, encourage more unwanted developments and spoil the skyline view of Blue Diamond Hill from the Red Rock Canyon National Conservation Area’s scenic loop and most popular trails, which are about 3½ miles to the northwest.
The development’s supporters said the land belongs to Gypsum Resources and the company should determine how it is used. They also said the development would create jobs and is the best future for a decades-old mining site.
“There isn’t any vegetation or natural habitat on those 1,800 (mined) acres,” Krater told commissioners. “The site is not nature. It’s an active mining operation and will continue to be so for the foreseeable future.”
‘ATTEMPT TO PUNT’
Commissioners Chris Giunchigliani and Lawrence Weekly voted against the motion Wednesday. They also voted against the same concept plan in 2011.
“In good conscience, I can’t support the commissioner’s motion” for the 2011 plan, Giunchigliani said. “There were problems with the 2011 (plan), in my mind.”
Save Red Rock attorney Justin Jones, who led the fight against the development, said the vote was the commission’s “attempt to punt” making a controversial decision.
Jones said the nonprofit acknowledges Gypsum Resources is entitled to build under its land’s current zoning — which would allow somewhere between 1,000 and 1,500 homes — but Save Red Rock will continue to fight the possibility of building more homes in court.
“It’s the Clark County code that determines if the plan expired or not,” he said. “We feel strongly that the 2011 plan expired, and the judge is going to agree with us that the 2011 plan expired, and the developer is going to have to start over.”
Krater said Gypsum Resources will significantly change the concept plan that commissioners required when approving it in 2011.
Changes will include reducing the maximum number of houses from about 7,250 to 5,025, limiting how many houses can be built along the development’s edges and committing to construct an access road connecting to state Route 160 to alleviate traffic on state Route 159.
“We believe in those conditions,” Krater said.
CAP SET ON HOMES
Gypsum Resources must submit a more detailed plan to the county in hopes of further approval. Zoning changes will also need to be approved for certain areas of the property.
The commissioners’ decision Wednesday capped the number of homes that can be built on Blue Diamond Hill, but it does not guarantee that amount will be constructed.
“We have the ability as a community and a commission to reduce that number,” Commissioner Susan Brager said.
“None of us want to see 5,000 homes up there,” Commissioner Mary Beth Scow said. “I really feel strongly that our commission wants to keep control and impact Red Rock as little as possible.”
Contact Michael Scott Davidson at sdavidson@reviewjournal.com or 702-477-3861. Find @davidsonlvrj on Twitter.
A clarification to this story has been made to reflect the proximity of the proposed development to Red Rock Canyon.
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