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November 9, 2009

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Residents vow fight against zoning change

Thursday, Sept. 6, 2001 | 11:46 a.m.

An hour's worth of reasons not to allow businesses in their neighborhood wasn't enough Wednesday for Spring Valley homeowners, who lost their bid to keep commercial development out when their own representative championed the idea.

Stunned residents filed out of the commission chambers after the board voted 4-2 to change zoning in their neighborhood from rural neighborhood preservation to office-professional.

Though frustrated, residents said they knew what beat them -- political influences and their commissioner, Erin Kenny.

They also know how to fight back.

Homeowners said they plan to raise enough money to take the county to court over a zone change that contradicts the Spring Valley Land Use Guide. And they vowed to help defeat Kenny if she decides to run for re-election next year.

"She ram-rodded this through," said Jac Lindell, who lives on Eldora Avenue in Spring Valley and is a former Clark County Planning commissioner. "Our commissioner set out to screw our neighborhood, period."

Real estate attorney Chris Kaempfer opened Wednesday's meeting by trying to erase any perception that politics had crept into the proposed land use guide amendment.

Three of the eight parcels Kaempfer represents along Rainbow Boulevard north of Eldora Avenue -- which stand to increase in value with the zone change -- belong to Clark County District Attorney Stewart Bell.

Bell's name never surfaced when Kaempfer pitched the zoning amendment to commissioners. Residents blamed Kenny for secretly trying to help the district attorney and Kaempfer, a generous campaign contributor.

Last week, former county employee Gene Smith filed an ethics complaint against Kenny and Bell because of the land deal.

During a lengthy explanation as to why he only named some of the landowners involved, Kaempfer tried to free Kenny of any responsibility. Kaempfer said Kenny was never involved in behind-the-scenes negotiations.

"Such allegations are not only unfounded, but untrue," Kaempfer said.

Kaempfer denied representing Bell and said he pushed to convert the zoning on the entire block, which happened to include Bell's property. Because he has known Bell for years, Kaempfer decided to discuss the deal with Bell himself.

Kaempfer said Bell, who is in Europe on vacation, asked that his name not be involved when the zoning request was pitched to the board because he feared it might influence the commission's decision.

"He said, 'If this board thinks it's good zoning, fine. If they don't think it's good zoning, that's fine, too,' " Kaempfer said, relaying Bell's comments.

Commissioners Kenny, Dario Herrera, Mary Kincaid-Chauncey and Myrna Williams thought it was good zoning. Board members Chip Maxfield and Yvonne Atkinson Gates did not.

The commissioners also agreed that a 5-acre parcel on the northwest corner of Buffalo Drive and Desert Inn Road should be converted to commercial.

Board members who supported the idea said they were tired of watching residents whose streets turned into major arterials struggle to sell their homes. They have no options because zoning along many of the valley's busy roadways have remained residential.

Kaempfer presented pictures of commercial businesses along Buffalo to show how the buildings can blend in with the neighborhood. Residents displayed pictures showing that despite rapid growth, streets such as Buffalo and Desert Inn are still rural toward the southwest.

Maxfield sided with the residents, and said Kaempfer's clients could still try to amend the land use plan by applying for a non-conforming zone change. He said that process was created by the board and should be followed.

"These are spot changes or precedent-setting changes in the land use guide," Maxfield said. "It's not the intent of this board to plan this way."

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