A controversial land-use decision by the Clark County Commission was sent back to the county by a state court.
The commission in July, in a split vote, approved a 10-acre car sales operation on West Sahara Avenue near Buffalo Drive.
But District Court Judge Michael Cherry on Monday sent the issue back to the commission. He asked commissioners to clarify whether the area is within a rural neighborhood preservation zone buffer area and if so, how the zoning approval serves as a buffer.
The court decision and the commission response, which should come in February, should help clarify the local impact of state law. Rural neighborhood preservation zones and surrounding buffer areas were established under a 1998 state law to protect areas in the Las Vegas Valley that have low-density housing.
The county and attorneys for Sonic Automotive argued that the area wasn't in a preservation zone buffer area. Chris Kaempfer, an attorney for the car-sales developer, said concessions in the land-use application help buffer the surrounding residential area.
He said the area is zoned commercial along a busy traffic artery, Sahara Avenue, and so is appropriate for commercial development.
By a 3-1 vote, the county commissioners on July 19 approved the requested zone change from local business to general commercial over the objections of nearby homeowners and the Clark County planning staff.
Residents argued that offices, consistent with the local-business zoning, would provide a buffer between busy commercial activity on Sahara and their upscale neighborhood. Sahara already is packed with new and used car lots east of the disputed area.
Garry Hayes, an attorney representing those opposed to the car sales operation, said Cherry's decision will help clarify what is and what isn't a buffer area to a rural neighborhood preservation zone.
Hayes said he is now working in three cases in which local boards approved zoning that conflicts with the state's rural neighborhood preservation rules.
"A car dealership serves as a buffer?" Hayes asked. "Most people would agree that living next door to a major car dealership is not a desirable use when it's supposed to be low density residential."
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