Henderson: Crushing operation gets OK

Lisa Snedeker

Wednesday, April 21, 1999 | 11:08 a.m.

Members of the Henderson City Council found themselves between a rock crusher and the residents of the Palm Hills subdivision Tuesday night.

After more than three hours of testimony from homeowners and discussion with the land owner and developers, the council reaffirmed an earlier decision by the Planning Commission to approve a controversial rock crusher in order to finish the subdivision.

In the 4-1 vote, only Councilwoman Amanda Cyphers voted against the permit she said would give developer Jim Rhodes carte blanche over a community he had already failed once to complete.

Kelly Nelson, who requested the appeal of the Planning Commission decision, was among the more than 20 residents who spoke out against allowing the rock crusher to operate for two years at 100 W. Mission Drive.

Nelson told the council dust from the crusher would create a health hazard, while others voiced concerns about noise and safety hazards that would be created by trucks traveling through their neighborhood.

The rock-crushing and grading operation is needed to move an estimated 800,000 cubic yards of rocks and material from the 108-acre subdivision in order to build the remaining homes in the 3-year-old, master-planned Rhodes Homes community.

Grading work on the site began after Rhodes received a limited permit, which expired in 1997 before the rock-crushing operation was complete.

Last November, after the development of Palm Hills stalled, a Clark County District Court judge transferred control of the project to Robert Apfelberg.

Apfelberg, who is the receiver for Rainbow Canyon LLC, the company that currently owns Palm Hills, said without the rock crusher, the project would be forced into bankruptcy, which would create additional headaches for the homeowners.

In March a receivership court approved the sale of the assets of Rainbow Canyon LLC to a Rhodes partnership, Desert Communities Inc., for $13.5 million. One of the purchase conditions was the approval of a permit for the rock- crushing operation.

Councilman Jack Clark said voting on the rock crusher was probably the most miserable decision he has had to make in his six years on the council.

"I don't like either decision," he said. "But in my mind, I think we have to approve the rock crusher to make this project work."

The council, concerned about Rhodes' interest, agreed to strict conditions planners placed on the permit and added some of its own. In addition to limiting the hours of operation and setting haul routes for trucks, Mayor Jim Gibson insisted on a dust control provision and Clark said the unfinished work on the project must be completed before the rock crusher begins operation.

The developer also is required to pay for strict monitoring of the operation and to post a $200,000 bond to ensure the conditions are met.

Rhodes, president of Rhodes Homes, could not be reached for comment.

Like the Planning Commission, the council denied 4-1 the developer's appeal to increase the number of lots in Phase III of the 108-acre Palm Hills from 560 to 640 by decreasing lot sizes. Councilman Andy Hafen casting the lone vote in favor of the increase.