Wednesday, March 19, 2003 | 11:04 a.m.
The Clark County Commission gave a nod Tuesday to a state senator's efforts to restrict high-density zoning near the Red Rock Canyon National Conservation Area.
The majority of commissioners said they had no fundamental objections to working with Senate Minority Leader Dina Titus, D-Las Vegas, on her bill that would freeze the existing zoning on top of Blue Diamond Hill.
The main dissent came from Commissioner Mark James, who represents the area. James attacked Titus' bill, saying it was an effort to usurp local land-use controls.
Most of the commissioners said they believe land-use issues should be dealt with locally, but they mostly agreed that the bill does not pose any significant problems.
Titus introduced the bill Monday.
The hill is the site of James Hardie Gypsum's mine, and last year was the focus of a battle over a proposed 8,400-home development.
James Hardie Gypsum representatives, who are fighting restrictions proposed in an area called the Red Rock overlay zone, did not return requests for information Tuesday.
"It doesn't sound as if it's horrible for anybody," Commissioner Yvonne Atkinson Gates said of Titus' bill. "It's basically just maintaining the status quo out there. We're not taking away the opportunity to build."
But if the bill passes, the zoning would allow only one home for every two acres on about 2,000 acres surrounded on three sides by the conservation area.
County planners and the developer John Laing Homes, which lost a fight to build the homes last year, have said it would not be profitable to build at those densities because of the cost of bringing in roads and services to the mountaintop site.
"Sen. Titus and I had a long discussion on this bill," said Commissioner Myrna Williams, who had indicated her opposition to last year's development proposal. "I don't think any one of us wanted residential construction on this hill."
"What's the best use of that property? Certainly the best use is to protect Red Rock. We all treasure Red Rock," Commissioner Chip Maxfield agreed.
But James said Titus and the state Legislature should stay out of the matter.
"I think this commission is fully capable of protecting this area," he said. "Anytime the Legislature decides they have a particular concern about any area in any one of our districts, they just pass a law. I think that sets a dangerous precedent."
James has met with potential developer James Rhodes and with James Hardie representatives, and asked the county to hold off on passing the local development restrictions to give James Hardie more time to comment.
"You have people wanting to develop that area," he said. "They have some property rights and are likely to accomplish some development."
James also criticized Titus for failing to extend the same protections to areas in Summerlin that are also adjacent to the conservation area.
James, who also has met with Blue Diamond residents concerned about potential development in the area, said the county commission is best positioned to protect the area's environment.
James said that if the area needs to be protected, the federal government should buy it.
The federal Bureau of Land Management, which administers the conservation area, has offered to buy the land, according to state BLM officials and James Hardie representatives. Those offers have been rejected, however.
In last year's development deal, the company had planned to make $50 million, far more than the land would likely bring with the zoning in place or from a sale to the government.
Titus, in Carson City, said she is trying to protect Red Rock, not take away local power. She said she welcomes any support from county commissioners.
"This is something we can all work together on, to save for future generations," Titus said. "This is something we can all be proud of."
But she also questioned James criticism of her bill, noting that he also was criticized for usurping local control when he served in the Legislature and successfully introduced a bill restricting new "neighborhood" casinos in Clark County. The state law ultimately led to a protracted fight between the county commission and opponents of a proposed casino in Spring Valley.
The casino was scrubbed after a state board said the zoning approval from the county was contrary to state law.
"How does he justify saying it was OK when he did it, but not now?" Titus asked. "That is so intellectually dishonest."
Pauline van Betten, a Blue Diamond resident and Red Rock activist who has worked on the county restrictions, called the introduction of the bill in Carson City -- and tepid support from the commission -- "awesome."
"Sen. Titus' bill complements the Red Rock overlay and I hope the county and state will work together to provide complete protection to the Red Rock area," van Betten said.
She said the legislation will be one focus of a "Save Red Rock" rally scheduled for March 29 from 10 a.m. to 1 p.m. at the Red Rock overlook just off State Route 159.
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