Tuesday, May 20, 2003 | 10:55 a.m.
Gov. Kenny Guinn signed legislation Monday morning limiting development in and adjacent to the Red Rock Canyon National Conservation Area, the latest blow to developer Jim Rhodes' plan to build thousands of homes near the canyon.
The new law blocks Clark County from increasing the number of homes allowed by current zoning in the area -- one home on every two acres. The measure also bans any new nonresidential zoning other than for public facilities, such as a park or expansion of the existing conservation area.
The County Commission on Wednesday also is scheduled to vote on further restrictions to development in the area.
In March Rhodes bought 2,400 acres on the hill, the site of an active gypsum mine. Last month he filed Clark County zoning requests to build as many as 5,500 homes on the land, which is surrounded on three sides by the conservation area.
Rhodes' purchase of the land for $54 million and his rezoning applications have reignited controversy over development in the area. Rhodes launched a political, media and legal blitz to block both the state and local measure, so far unsuccessfully.
Last week Rhodes upped the ante by asking for rezoning of another 90 acres adjacent to the present site of the still-operating gypsum processing factory owned by British Plasterboard Corp.
Rhodes has asked that the rural zoning be changed to industrial, which would allow intensive commercial uses, adult-use businesses and factories.
The ordinance to be considered Wednesday would limit commercial development, landscaping, road access and other factors.
Barbara Ginoulias, assistant development services director, said the 90-acre rezoning application would conform to the area's existing master plan, since the gypsum plant and the immediate area around it are industrial.
However, the zoning request would contradict both the proposed county rule and the state law passed Monday, Ginoulias said. Commissioners can take that into account when considering the application, she said.
Dean Walker, land development director for Rhodes Homes, said the Rhodes camp was "disappointed" with the new state law.
"We don't think the state Legislature should be involved in local land use issues, in any local land use issues. That's not their job," Walker said.
Walker said Rhodes Homes is not ready to say what response, if any, the company would have to the new law.
The act becomes effective July 1, but the Clark County Commission can take the law into account when considering Rhodes' zoning applications.
Commissioner Mark James said the new law could help propel passage of the county's overlay proposal, which James introduced.
The county ordinance does not duplicate but complements the state measure, James said.
Attorneys for Rhodes have sued to keep James from discussing or voting on the Red Rock ordinance, arguing that last year James, who was a lawyer in private practice at the time, advised Rhodes on the land-use issue. A judge turned down Rhodes' bid for a temporary restraining order.
Rhodes may also contend that three other commissioners -- Bruce Woodbury, Rory Reid and Chip Maxfield -- should also abstain from voting on the ordinance. Rhodes' representatives have argued that all have worked for the developer and their votes would be conflicts of interest.
Rhodes' land ultimately could become part of a public trust. Sens. John Ensign, R-Nev., and Harry Reid, D-Nev., are backing a plan to use money collected from local federal land sales to purchase the land on the hilltop.
Rhodes so far has said he is not interested in selling the land, but would consider a land swap for some unspecified other piece of federal property.
On Monday the county ordinance seemed likely to pass, Red Rock preservation activists said. They agreed that the state measure would help the local effort.
"I don't see how the commissioners, given the positions they've taken, could vote against the overlay," Evan Blythin, chairman of the Red Rock Citizens Advisory Committee, said.
Even if the vote comes down to the three women on the commission -- Chairwoman Mary Kincaid-Chauncey, Yvonne Atkinson Gates and Myrna Williams -- the ordinance appears likely to pass because Gates and Williams have said they support it.
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