New hat, different view

Thursday, April 13, 2006 | 7:12 a.m.

Plans for a regional shopping center in Henderson next to industrial plants that use hazardous chemicals have been revived by a former Clark County commissioner who voted in 1993 to prohibit such people-oriented uses at the site.

Developer Jay Bingham, the co-owner of J&F Land Co., a subsidiary of Juliet Properties, has proposed building 725,000 square feet of retail stores, restaurants and office space on 73 acres at the northwest corner of Lake Mead Parkway and Water Street.

That's on the edge of the Basic Management Inc. site, the scene of minor explosions, chemical leaks and fires over the years - and where four companies still store and use hazardous chemicals.

A similar proposal last fall for a Wal-Mart Supercenter and Sam's Club was withdrawn after concerns were raised about whether it is appropriate to have retail stores so close to chemical plants.

J&F is asking Henderson to reverse a policy that then-Clark County Commission Chairman Bingham supported in March 1993 when he voted with other commissioners to restrict development on and around the complex to light manufacturing and industrial uses.

The 73-acre site had been part of unincorporated Clark County until its owner, Titanium Metals Corp., annexed it into Henderson last year. The industrial plants remain in unincorporated Clark County.

The issue will resurface tonight when the Henderson Planning Commission considers the company's request to rezone the property to allow a shopping center that could include Target and Home Depot.

The plans call for the buildings to be about 700 feet from both Timet's plant, which manufacturers titanium, and from Kerr-McGee, which manufacturers manganese dioxide and boron, city officials said.

In 1991 a large area of Henderson was evacuated because a broken pipe at Pioneer Chlor Alkali released 40 to 70 tons of chlorine, forming a toxic cloud that sickened many people.

Richard Brenner, Clark County's hazardous materials coordinator, said commissioners' intent in limiting uses around the BMI site was to create a buffer to protect people in the event of accidental chemical releases. While safety has improved at the plants in recent years, the potential of an accident remains, he said.

Some of the plants produce chlorine and titanium tetrachloride, which when inhaled in large concentrations can be fatal. Because the chemicals dissipate in the air, restricting nearby development provides a safeguard if an accident occurs.

"It is just bad planning and has no business being there," Brenner said. "If there is an accidental release of chlorine or other chemicals produced there, it is going to affect a large shopping center."

Juliet Properties Vice President John Stewart said a risk study by the city will determine whether his company proceeds with the project.

"If it is not safe or can't be properly mitigated, we are not going to put our tenants in harm's way, nor would our tenants go in a location like that," Stewart said.

Bingham did not return telephone calls.

Mark Paris, chief executive officer of the LandWell Co., the real estate arm of the company that manages the huge industrial complex, maintains that safety concerns should not be an obstacle to the project.

"We still think this is an appropriate use and our position hasn't changed on that," Paris said.

The issue could rekindle a political debate in the race for governor. In December, Democratic gubernatorial candidate Dina Titus, who is facing Henderson Mayor Jim Gibson, called on the city to reject the plans for a Wal-Mart, citing the history of toxic releases and explosions at BMI. She also warned that a regional shopping center next to the plants would be a terrorism security risk.

Although Henderson's planning department has raised concerns about a possible environmental accident, it recommended approval of the zoning change.

The Henderson Fire Department, however, plans to ask the Planning Commission to postpone consideration of the issue until a risk study is completed.

Clark County officials have suggested that a regional shopping center that brings in large numbers of people would not be an appropriate use of the site.

Henderson Councilwoman Amanda Cyphers believes the city should follow the county's lead.

"I still have strong concerns about putting a large amount of people in one location knowing the hazards that exist," Cyphers said.

"If we had an application for heavy industrial use next to high-volume commercial, we wouldn't even be having this conversation. If the county commissioners in their wisdom thought this should stay a buffer, why would we look at anything else at this point?"