Residents hope new lines keep area rural

Adrienne Packer and Launce Rake

Wednesday, Aug. 29, 2001 | 11:08 a.m.

Homeowners determined to quash a proposal to allow businesses in their neighborhood -- one that would benefit Clark County's district attorney -- are relying on newly drawn commission lines to help their cause.

Spring Valley residents who were moved into Commissioner Chip Maxfield's district hope Maxfield will respect the designation of their area as a rural neighborhood preserve, ending an ongoing battle with their former commissioner, Erin Kenny.

The Spring Valley Town Advisory Board has already sided with opponents of the business development, voting 5-0 Tuesday night to deny an application to allow an office center and drug store at Buffalo Drive and Desert Inn Road. Homeowners claim Kenny quietly pushed through two amendments to the area's master plan that changed zoning from rural neighborhood preserve to office professional.

The changes were sought by Silver State Holding Co., which wants to build a pharmacy on one of the lots.

They also increased the potential value of three parcels owned by District Attorney Stewart Bell at Rainbow Boulevard south of Eldora Avenue. Bell, whose properties have a taxable value of between $165,000 and $171,500, was not mentioned during board meetings.

Kenny did not return phone calls for comment Tuesday and this morning. Bell was traveling and unable to return calls.

"Erin pulls crap everywhere," resident Lisa Mayo said. "Now she's pulling crap three blocks from my house."

Former Clark County employee Gene Smith said he filed a complaint against Bell and Kenny with the Nevada State Ethics Commission. Smith, whose ethics complaint against Kenny earlier this year was dismissed, said the complaint filed Tuesday deals with the controversial master plan amendment.

During the May 16 meeting, commissioners approved Kenny's motion after real estate attorney -- and campaign contributor -- Chris Kaempfer said the amendments would prevent "political and practical heartache."

But District Attorney Rob Warhola ruled the commission's action invalid, because the board failed to hold a mandatory public hearing to discuss the proposed amendments.

Warhola's judgment aided opponents of the business rezoning at the Spring Valley Town Advisory Board meeting.

"This is totally inappropriate, and it is time to step up to the plate and say no," Jac Lindell, a nearby homeowner and former Clark County Planning Commission member, said.

Dorothy Kidd, advisory board chairwoman, agreed, siding with about a half-dozen residents who argued that business uses are too intensive for the residential neighborhood.

Clark County commissioners will revisit the issue Sept. 5, during their regular zoning meeting.

Residents are counting on Maxfield, the newest commissioner on the board, to remove political motives from the decision next week and concentrate on what is best for the neighborhood.

Maxfield did not return phone calls seeking comment.

In her motion to approve the amendments, which also affected property on Buffalo Drive and Desert Inn Road, Kenny said the land should not be restricted to private homes, because the roads will become major thoroughfares as the valley grows.

She said she has seen homeowners along Desert Inn struggle to sell their houses because of the busy street. Buffalo and Rainbow will eventually be widened, as well.

"It's appropriate at this time to make amendments to this master plan and start developing that area, finishing it off and have it be done while we're doing construction on the roadways," Kenny said in May. "It only makes sense."

Mayo and people who live in the surrounding rural neighborhoods, which are typically composed of half-acre lots with no sidewalks or street lights, don't buy Kenny's argument.

They believe the change was made to benefit developers. They view the move as a dangerous precedent that could lead to more businesses moving into their protected neighborhood.

"The neighborhoods in this area have repeatedly beat down commercial in the past," Mayo said. "If ever a precedent were set, it would be a killer to this preservation area."

Las Vegas City Council members sensed the same danger in setting a precedent in Spring Valley. Earlier this month they rejected a proposal to rezone residential property to office space along Buffalo just south of Charleston Boulevard.

Councilman Michael McDonald declined to comment on the Spring Valley residents' plight, but said he rejected the proposed development at Buffalo and Charleston because homeowners didn't want it.

"The neighborhood overwhelmingly wanted to maintain the integrity of the homes," McDonald said. "It's a preservation area, so you have to stick with the game plan. It's holding to your guns and saying to a developer, 'This is what we want to build here.' "

Warhola said if the commission again approves the map amendments, it must receive a report from the Planning Commission -- which rejected the plan -- before the changes are finalized.

Even if the maps aren't changed, property owners can still pursue a zone change. The request would be considered "non-conforming" and developers would have to prove a legal hardship to be granted the amendment.