County girding for battle over annexation

Tuesday, Jan. 17, 2006 | 7:46 a.m.

In what is shaping up as a battle over the future of southern Clark County, Henderson and county officials are locking horns over control of a future South Strip and the city's proposed expansion along Interstate 15 toward Jean.

When county commissioners voiced their opposition in March to Henderson's plans to annex 3,626 acres of federally owned land along the city's southwestern edge, Henderson and county officials said it would be only a matter of time before a deal was struck.

All that was needed was a renewed agreement between the two governments to manage growth and infrastructure in the southern part of the county, officials said at the time.

The county wanted any Henderson development to be compatible with development in the unincorporated area, especially with a planned county heliport near Sloan. County officials also called for a dedicated corridor east of I-15 to bring utilities and other services to the Ivanpah Valley airport, a county-owned site 30 miles south of McCarran International Airport between Jean and Primm.

Ten months later, however, no agreement has been reached, and some commissioners are strongly opposed to Henderson's request to expand its boundaries as proposed. Although many still hope the two sides can reach a deal, the issue could wind up in court.

Without Clark County giving its blessing, the Bureau of Land Management has not backed the annexation, which includes an area between I-15 and Las Vegas Boulevard South, south of St. Rose Parkway.

The 3,600 acres extend east along the city's southern border and Sloan Canyon National Conservation Area and southwest along I-15, about eight miles from Jean.

Some commissioners are concerned with Henderson taking control of a resort corridor that has begun taking shape with the opening of the South Coast in December and plans for other hotels farther to the south.

There also are concerns that any further push southward by Henderson along the 1-15 corridor could hinder the growth of the Ivanpah airport and industrial development around it.

Commissioner Lynette Boggs McDonald, who represents the area, said she fears a move by Henderson to annex the 3,600 acres is a precursor to the city expanding its boundary to the California border.

While recently attending a ribbon-cutting ceremony in Jean, Boggs McDonald said the issue with Henderson took on greater meaning when she was standing on Las Vegas Boulevard South in the unincorporated area.

"We are at a crossroads of what the future of Clark County will look like," Boggs McDonald said. "I have a sense Henderson envisions going to the I-15 all the way down to California.

"When people are coming into Nevada from California, do we want them coming in the gateway of Clark County or the gateway of Henderson? We need to maintain a good portion in the county for many reasons, especially related to Ivanpah.

"The county is not going to make a large investment in infrastructure and see all the economic benefits go to Henderson."

Henderson officials maintain that the city has one way to grow: along I-15 toward land that currently falls in unincorporated Clark County. And while they do not know how far their borders may stretch one day -- that's an issue for future councils -- they argue that growth should not be impeded.

Henderson Councilwoman Amanda Cyphers said it would be shortsighted for the city to not keep its growth options open. The "game is over," she said, for landlocked cities because limited growth potential hinders their ability to provide additional jobs and housing.

"One of the biggest fears of any city is to be landlocked," Cyphers said. "It is not our intention to be land hogs and take away opportunities from others. But it would be unfortunate for individuals to have the appearance of being land hogs."

But former Henderson resident and County Commissioner Tom Collins is adamant that the city's border remain east of Las Vegas Boulevard and not be permitted to extend along I-15 to the south.

"If Henderson can't see it from this valley, they can't have it," Collins said. "I don't want to drive through Henderson to get to the (Ivanpah) airport. We don't need them."

Collins said his disdain is warranted. He accused Henderson of going "behind the back" of the county in March when it unsuccessfully pushed for legislation that would allow cities to annex federal land if agencies controlling it do not object.

Henderson Councilman Steven Kirk said he is not surprised that some commissioners are upset and do not believe that Henderson should be allowed to expand its boundary at will. And though he believes the issue should be between Henderson and the federal government, he said that the city should work with the county to ensure good planning for the region.

"The big question is, does the county have standing in a city that wants to annex federal property?" Kirk said. "I think it is between us and the federal government, and they (the county) don't have a say in it."

Commissioner Bruce Woodbury, a Boulder City resident who represents Henderson, said he supports the city and is trying to broker an agreement, but that has proven to be difficult. He said his goal is to protect the Ivanpah airport and the utility corridor needed to serve it.

Some commissioners and county officials, however, do not want to give up portions of Las Vegas Boulevard South where there would likely be resorts in the future, Woodbury said. All of the Las Vegas Strip and accompanying resorts fall under Clark County's jurisdiction, not Las Vegas. The resorts in Primm and Jean also fall under county control.

"I think a deal will get done eventually," Woodbury said. "But there are some commissioners who are not crazy about the whole annexation in general. I think one way to work it out is that a portion will remain in the unincorporated part for a certain amount of resort development."

Today, Henderson's presence on the so-called South Strip is limited to annexed land at the southeast corner of St. Rose Parkway, where Anthony Marnell III plans the M Resort. That is across the street from Olympia Gaming's planned Southern Highlands Resort in unincorporated Clark County.

With the development of the Ivanpah Valley airport, Boggs McDonald said, she envisions a resort corridor going northward along Las Vegas Boulevard South in Jean to ultimately connect with a row of resorts expanding to the south. Clark County is in the best position to control that land use and oversee that future development, she said.

"The Las Vegas Strip has historically been a part of Clark County," Boggs McDonald said. "I personally can't see a world in which the Strip is not part of Clark County."

But economics, more than history, are at the root of the land dispute because the resort hotels would generate millions of dollars in property tax revenue for whichever jurisdiction claims them.

Henderson Councilman Jack Clark argues that Henderson is not attempting any sort of land grab and remains optimistic that a deal can be reached.

Clark questioned, however, why the county should be the only government to have resort hotels along Las Vegas Boulevard and reap those benefits.

"Are they the only ones who are allowed to have resorts and everyone else can have nothing?" Clark asked. "It shouldn't be 'we want everything for ourselves.' "

Commissioner Rory Reid, a Henderson resident, said the issue is not about Henderson getting the 3,600 acres, but more about the city's intentions with regard to land farther to the south toward Ivanpah. Clark County has acquired 5,800 acres at a cost of $20.7 million for the airport.

"Whatever happens with development in that direction has to anticipate the airport and provide the utility corridor and transportation system," Reid said. "And we have to make sure whatever development occurs in that valley allows us to continue to maintain air quality there."

Some worry that any residential or other development by Henderson in the Ivanpah Valley will reduce the valley's air quality and bring it under provisions of the federal Clean Air Act. That could make industrial development more difficult and expensive, and perhaps even stifle the airport's growth, officials said.

Given the high cost of land in the Las Vegas Valley, the Ivanpah Valley is a prime location for industrial development and other uses surrounding the airport, Reid said. That should not be jeopardized, he said.

Henderson Council members say they understand the importance of the Ivanpah Valley airport and do not want to jeopardize it. But that does not mean, they add, that the city should have its own growth impeded.

Brian Wargo can be reached at 259-4011 or at wargo@lasvegassun.com.

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