Second thoughts on Mount Charleston development

Mount Charleston residents have won a second chance to try to convince the Clark County Commission to reject a proposal by developer Allen Nel to turn 13 acres on Kyle Canyon Road into a Western-themed commercial center.

The commission voted 6-0 Wednesday to reconsider its decision two weeks ago granting Nel a five-year resolution of intent that guaranteed rezoning from rural estate to commercial provided he met several conditions set by the county.

The matter will be heard again at 1 p.m. July 22 in the County Commission chambers at 500 Grand Central Parkway.

Commissioner Lance Malone, who represents the small alpine village, asked for a new hearing after information came to light about traffic fatalities on Kyle Canyon Road and concerns about the area's limited water supply.

"I hope we can make a tremendous wrong into a tremendous right," Malone said.

Becky Grismanauskas, a member of the Mount Charleston Town Advisory Board, said she was ecstatic about the board's decision.

"It's good to know the commissioners have indicated they realize there is more to this than what they originally voted on," she said. "We do have a lot of issues that were not brought forward on April 22."

Residents protested that the project was approved without studying its impact on water, traffic and the environment, and without taking the safety concerns expressed by Metro Police and the Clark County Fire Department into consideration.

Malone apologized for rushing into a negotiated agreement with Nel and his attorneys two weeks ago rather than holding the item for further consideration in the first place.

Commissioners said two weeks ago that they had no choice but to let Nel go forward with his project because it conformed with a land use guide map that allowed commercial uses. And since the map was scheduled to be changed back to rural estates, they felt it would have been unfair to reject Nel's zoning request.

But Deputy District Attorney Rob Warhola said there were also written policies in the Northwest land use guide that the board had not taken into consideration. Those policies require the board to consider the impact to the area, public safety and environmental issues.

Bill Curran, an attorney for Nel, submitted a letter outlining why he thought it was inappropriate to reconsider the item and that it could be considered an illegal taking because it broached Nel's vested property rights.

"My client invested millions in various plans," Curran said. Nel has planned a 60,000-square-foot commercial center with restaurants, a general store, amphitheater and riding stables.

But Warhola said he had no vested rights because there had been no final zoning action and Malone requested reconsideration within the five-day time period.

Curran argued that the action constituted a taking because the western village on the north side of the road was part of a golf resort being developed on the south side in conjunction with the Mount Charleston Hotel.

"This is like giving Walt Disney approval to build roadways and parking lots but then saying he couldn't build Tomorrowland or Adventureland," Curran protested.

But Current Planning Director Lesa Coder instructed the board that the western village was an independent zoning request from the golf course and had to be considered on its own merits.

Curran said he would have to discuss with his client whether to challenge the board's decision. John Mowbray, who owns a cabin on Mount Charleston and is an attorney for the homeowners, said there was no basis to challenge Wednesday's vote.

"If that were the case," Mowbray said, "then every motion to reconsider would be challenged and there would be no purpose for the reconsideration mechanism."

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