County approves Walters rezoning

Adrienne Packer

Thursday, Nov. 21, 2002 | 11:04 a.m.

Two powerhouse Las Vegas developers engaged in a showdown Wednesday over a proposed master plan amendment that paves the way for a prime piece of southwest property to be developed into a commercial complex.

After a two-hour debate, Clark County commissioners voted 4-2 to grant golf course developer Billy Walters his request to change 70 acres designated as park land in the Spring Valley Master Plan to commercial and office space.

Walters, represented by former Sen. Richard Bryan, won the battle despite protests from longtime developer -- and Walters' friend -- Ed Nigro and several homeowners.

The 70 acres Walters plans to develop commercially is part of a 330-acre parcel at Warm Springs and Durango roads McCarran International Airport leased to Walters to build two municipal golf courses.

Nigro said his friendship with Walters has crumbled since Nigro learned of Walters' intention to alter plans and include a 700,000-square-foot office complex and shopping center.

Walters' shopping center will be anchored by an Albertsons grocery store, which is expected to directly compete with Nigro's planned Vons market across the street.

Nigro said he never fathomed the county would allow Walters to put a shopping center on land designated for a golf course.

"If we knew this was going to be zoned commercial, we probably would have never bought the land we bought," Nigro said. "This is going to cause some strong financial hardships for us."

Bryan and commissioners, acting as the zoning board, attempted to appease Nigro by assuring him there is plenty of time to strike a compromise before Walters pursues a formal zone change for the land next month.

"There is still time for these two old friends to sit down and compromise," Bryan said.

The land leased by Walters is within the airport's Cooperative Management Area -- 5,300 acres below noisy flight paths. The federal government transferred the acreage to McCarran to protect the land from unsuitable uses such as neighborhoods.

The airport can auction off parcels, engage in land swaps or lease property.

County Aviation Director Randy Walker never required Walters to bid on the 330 acres designated for golf course and a regional park.

Walker said the bidding method was bypassed after the request for proposal process to develop what is now the Bali Hai golf course turned contentious in 1998.

"We sat down and negotiated with him based on the county's previous action," Walker said. "We approached him and asked if he would be interested in developing a golf course."

Under the CMA agreement, Walters must negotiate what percentage of lease revenues he keeps and what percentage is returned to the county. The county's percentage is divided -- 85 percent is returned to the federal government, 5 percent is funneled to the schools system and 10 percent is returned to the airport.

Nigro said he spent more than $5 million on his property; Walters didn't spend a penny.

"This is one of the largest projects ever done by my family and my investors," Nigro said. "We were surprised by this. It's too bad this became so contentious."

Not only did the proposal spark a battle between Walters and Nigro, it triggered arguments between commissioners aligned with each developer.

Commissioner Yvonne Atkinson Gates, once Nigro's business partner, fought against Walters saying there is a higher demand for parks in Spring Valley than shopping centers.

Commissioner Erin Kenny, whose district includes Spring Valley, vehemently opposed commercial development on the corner of Warm Springs and Durango when longtime friend Jim Rhodes owned the property Nigro bought and is now developing.

Kenny sponsored Wednesday's request to amend the plan and allow Walters' shopping center.

Kenny said the commercial center is warranted because make-up of Spring Valley changed over the years. A St. Rose hospital is being built on Warm Springs, the Las Vegas Beltway is nearby and both Warm Springs and Durango will soon be six-lane roads.

Commissioner Myrna Williams struggled with the decision. "Once again, I'm in the middle between my friends and colleagues," she said.

Before Wednesday night's showdown, commissioners fought over whether the agenda item should be held. Atkinson Gates and residents complained that homeowners were not given notice of the proposed amendment to the master plan.

When resident Lisa Mayo-DeRiso argued that the lack of notice gave the perception of a backroom deal. Kenny fired back and accused Mayo-DeRiso of wanting to "be in the spotlight."

Deputy District Attorney Rob Warhola said the county is not required to notify nearby property owners of proposed master plan amendments, but acknowledged that it typically does. Warhola said the county's notification process would stand up in court.

Despite Warhola's ruling, Commissioner Chip Maxfield pressed for the board's decision to be postponed.

"We have to look at the law but we also have to look at maintaining public trust and confidence," Maxfield said. "Sometimes going beyond the law serves us better and gives everybody an opportunity for equal voice."

Representatives for each developers scrambled before Wednesday's meeting in an attempt to get the necessary votes for victory. Nigro said the excessive lobbying blurred the issues.

"People were more interested in what your position was rather than what the project is and that's unfortunate," Nigro said.

In the end, Atkinson Gates and Maxfield were the sole votes against the amendment. Kenny, Williams, Dario Herrera and Mary Kincaid-Chauncey voted for it. Bruce Woodbury is recovering from surgery and was not present.

The commission is expected to consider changing the zoning on the land during its Dec. 4 meeting.