Thursday, July 23, 1998 | 10:56 a.m.
In a community so small that the primary points of reference are the tree line and a cattle gate, the future of a mere 13 acres catches most everyone's attention.
That became clear Wednesday when about 50 Mount Charleston landowners descended from their tranquil environment to participate in what turned into a bizarre Clark County Commission meeting.
Mistakes and misunderstandings prompted the board to reconsider a zoning change it made in April, which designated property along the north side of Kyle Canyon Road as commercial.
After three hours of discussion, an impromptu huddle called by Commissioner Lance Malone in a corridor and a motion submitted and withdrawn, a decision was finally made.
The board agreed 6-0 to deny commercial zoning to Allen Nel and returned the land designation back to residential-countryside, which allows only one dwelling per two acres.
"In my 25 years (as a developer), I have never experienced anything like this," Nel said as ecstatic Mount Charleston residents filed by, congratulating each other. "I am very disappointed."
Nel had planned to build a 60,000-square-foot Western-themed village with a steak house, ice cream store, arcade, Western shop, petting zoo, fish pond, hay rides and exhibits.
But his project was dealt a severe blow in Wednesday's morning session when the commission decided to rectify a misunderstanding that led to a mistake in the Mount Charleston land-use guide.
Several years ago, the northwest plan advisory board determined Nel's land was best suited for a horse-boarding facility, but the county misunderstood and listed the parcel as commercial in the land-use guide.
Board members voted unanimously Wednesday to make the controversial property residential-countryside on land-use maps.
Property owners were apologetic Wednesday and insisted they had nothing against Nel, but simply were striving to protect the mountain from being blanketed with commercial developments.
"This isn't about me, it isn't about you, it isn't about any of us," said Sharon Brown, a 17-year resident of the mountain. "It's about Mount Charleston."
The commission agreed to use the old land-use guide when it considered which type of zoning should be applied to the property but, in the end, it made little difference.
Landowners wearing yellow stickers that said "Save Mt. Charleston" assigned a handful of resident spokespeople to voice their concerns to the board.
And one by one, they offered facts they had dug up over the months.
They said 13 fatal accidents in a 10-year period should be enough proof that Kyle Canyon Road is already dangerous without adding more motorists who would visit Nel's development.
They said the village across from the Mount Charleston Hotel would increase the risk of fire on the mountain, and that they are already at risk because they live in a box canyon where there is only one escape route.
They said another Metro officer would have to be hired to patrol the region, which would cost taxpayers $80,000 annually.
Finally, they argued that a project on the north side of the road should not be started when many projects on the south side, several of which are recreation-related, have yet to be completed.
"I would disagree that the public is bored with the recreational opportunities on Mount Charleston," said property owner Chris Giunchigliani, who is also a state assemblywoman.
But Nel told commissioners that he purchased the property in 1992 because land-use guides had pegged it for commercial development.
He has addressed concerns about fire by installing reservoirs that carry twice the amount of water required by the county. Nel added that the homes tucked in the forest are more likely to cause a catastrophic fire than his village would be.
He said a large percentage of his projects atop the mountain, including a nine-hole golf course, are green and landscaped areas.
"All the problems that exist up there existed prior to us," Nel said. "Those would still exist without us being there."
The developer also balked at some residents' accusations that he wanted commercial zoning for the land to boost its value to improve his position for a potential land swap with the U.S. Forest Service.
Nel said a trade with the government for land south of Kyle Canyon Road was the residents' idea. He agreed to pursue the exchange, but the Forest Service wasn't interested.
The first indication that Wednesday's meeting might be unusual was when Nel's attorney, Bill Curran, stepped up to the podium sporting one of the property owners' yellow stickers.
But that was only the beginning.
After the public hearing, Malone, who represents the Mount Charleston area, motioned to deny Nel the commercial zoning. His motion incited glares from his colleagues, who told him the action could easily lead to a lawsuit.
Malone withdrew the motion.
At the same time, Nel, sensing he wasn't going to be granted the commercial zoning, held a spur-of-the-moment meeting at the podium with residents and tried to work out a quick compromise.
Malone quickly asked to delay the issue temporarily and hosted an impromptu town-hall meeting in the hallway outside the chambers. There, residents considered Nel's last-minute offer to zone the property so that it would allow 10 dwellings per acre.
The residents rejected the offer and sent Malone back into the chambers with one motion in mind. He re-submitted his motion to deny the zone change, and those commissioners who remained at the meeting unanimously approved it. Chairwoman Yvonne Atkinson Gates had to leave the lengthy meeting early.
After the decision, Malone said he was confident the county would be successful should Nel decide to file a lawsuit. Giunchigliani, D-Las Vegas, who convinced Malone to make the motion, agreed.
"You can't make the wrong decision because of the threat of a lawsuit," she said. "Good decisions aren't made if you have to cut a deal. We have enough evidence to win in court."
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