Planned auto mall for Town Center concerns residents

Diana Sahagun

Thursday, Oct. 11, 2001 | 10:27 a.m.

The development of Town Center got off to a rocky start when it was created in 1996 and, now, a group of residents that once embraced the concept is accusing city officials of breaking a promise to protect their neighborhoods.

Since the center's inception, city leaders have struggled to maintain residents' quality of life as they also attempted to address development in the master-planned community north of Ann Road.

During the past several months, however, a proposed auto mall -- which is also the subject of a lawsuit -- has raised concerns among residents.

The proposal, scheduled to be considered by the Las Vegas City Council on Wednesday, would allow for the creation of an auto mall -- similar to Henderson's Valley Auto Mall -- by rezoning 57.26 contiguous acres inside Town Center; the land, now classified as low-density commercial, would be reclassified for more intense, general commercial use.

The expansion of land for general commercial use, which affects several parcels, would, for example, allow for auto dealerships, taverns, hotels, and arenas; such businesses are not currently permitted in service commercial or suburban mixed-use areas.

During a Las Vegas Planning Commission meeting Sept. 20, residents turned out to express their disappointment with the proposal; they believe the original plan for the Town Center is rapidly eroding. Their comments far outnumbered those made by developers, who say they need more land to build additional car dealerships.

Lost in this debate is the voice of the councilman who was elected to serve the area -- Michael Mack; he can't vote on items relating to Town Center because of a pending lawsuit.

The suit stems from a high-profile land-use decision involving John Staluppi Jr, whose Nissan dealership was denied by the council in June. In denying the project, Mack and Councilman Larry Brown said that the dealership, proposed along the Rancho Drive corridor, violated the intent of Town Center -- to group all commercial uses into one area north of Cheyenne Avenue.

The issue resulted in a moratorium -- which ends Nov. 1 -- on all new car dealerships, as well as a recently-approved ordinance that requires new car dealerships to open inside Town Center north of Cheyenne Avenue.

Mack -- along with the city of Las Vegas and Brown -- was sued in July after he disclosed an $60,000 outstanding loan received from a rival car dealer -- Joseph Scala. Scala owns land inside Town Center that is part of the proposed auto mall.

Brown this week said that after the council sent the message that it would not allow car dealerships to "bleed out" of Town Center, it then had to create other land for opportunities for developers inside the center.

More than 166 acres are zoned as general commercial inside Town Center near U.S. 95 and Centennial Parkway. Some of the land already has been developed.

Residents say they weren't told of an impending auto mall when they purchased they homes.

"When this was being sold by developers ... we were shown something that was going to be a beautiful area," said resident Carol Irvin. "Not a Henderson auto mall north, as we call it."

Resident Thomas Kinsora said the community needs shopping areas and restaurants, but not car dealerships.

"The community worked in good faith for a long time with the developers of this plan," Kinsora said. "If you guys could only see the bill of goods that we were sold originally. To see what it looks like now, I think that the community feels somewhat betrayed."

Pending litigation involving new car dealerships hasn't helped matters.

Staluppi, who was looking to open a dealership this year, went to Scala and another land owner who has property zoned for car dealerships -- about 100 acres. Because Staluppi could not reach an agreement with the land owners, however, he looked along the Rancho corridor.

The creation of an auto mall could potentially create a new opportunity for Staluppi, an idea not lost on District Court Judge Sally Loehrer, who is overseeing the lawsuit.

"Don't miss the for-sale sign," the judge told Staluppi's attorney, Anthony Sgro, last month.

Paul Larsen, representing Courtesy auto dealerships, said the auto mall concept is simply a reaction to the lawsuit.

"If you approve this proposal and recommend approval, you will have rewarded someone for filing frivolous litigation against the city of Las Vegas," he told the planning commission.

City Attorney Brad Jerbic told the planning commission that their decision does not settle the lawsuit, and that the litigation would continue, regardless of the City Council's final decision.

The planning commission, by a 3-2 margin, voted in favor of rezoning only a few parcels -- a total of 32 acres. But because there was no supermajority, as required for a general plan amendment, the vote will go forward to the council as a denial.

Chris Knight, deputy planning director for the city, said he would present both options to the council.

While expanding the general commercial zone increases the opportunities for new dealerships, Knight said there is no guarantee that other dealerships would actually be built.

"The best we could do was try to use a criteria of making sure that we didn't put dealerships immediately adjacent to residential areas," he said. "Whether we get a concentration is a free market decision."

Mack -- because of the lawsuit and his business relationship with Scala -- has remained silent on several issues involving Town Center during the past several months.

Most recently, on Oct. 3., Mack abstained from voting on an item relating to an on- and off-ramp connection across Centennial Center Boulevard.

"I do not want the suggestion to be even possible that I participated in a vote in order to generate business advantage for one of the landowners with whom I have connected on entirely separate business matters," Mack said before abstaining.

Mack said this week that he has full confidence regarding Brown's passion for the northwest and Town Center. Brown represented Town Center for two years, before new wards were created and Mack was appointed to the area in December 1999.

"(Brown) truly wants to protect the integrity of Town Center," Mack said. "Even though I may not be making the motion, a lot of his beliefs are similar to mine. I am still protecting Town Center."

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