Mesquite residents and city staff clash over shared parking, easements and nightclub at Red Hills Commercial Center

Several Mesquite property owners and businesses urged the City Council on Aug. 26 to investigate parking and recorded easement questions at the Red Hills Commercial Center and around a nightclub that they say is operating with only three deeded parking spaces. Raylene Schiavano, who said she represents property interests involved with Mesquite Vistas, told the council she has been required to prepare final maps for subdivisions and asked the city to research which parcels were legally annexed into the master association before any further annexations are approved. "The only parcels that were annexed into the master association were Parcels 1 and 2," she said, and asked the city to confirm the record. Owner Marcus Spender said his plan to convert Red Hills Cinema into an event and family center has been blocked by a nightclub that, he said, uses three deeded parking spaces rather than the roughly 53 spaces his project would need. "You allow a nightclub that has three deeded parking spaces," Spender told the council. "He's required 53. I don't care how you wanna spin it." Erica Nicholas, who identified herself as the owner of the lot next to the nightclub, said the nightclub holds large events and that her deed contains no reciprocal parking easement. "There are no reciprocal parking easements, and I have his deed over here," she said. "Out of 11 deeds at Red Hills, six of them have no reciprocal parking easements." Simon Kim, the city code enforcement officer, gave a detailed presentation on recorded covenants, conditions and restrictions (CC&Rs) and subdivision maps that the city has on file. Kim cited the CC&Rs recorded in February 2003 and subsequent subdivision maps and amendments (including a second amended final map in February 2007 and an annexation entry in February 2009) that reference local easement areas for parking and ingress/egress. He said site plans submitted in 2005 included Lot D and that conditional use permits "run with the land," meaning they attach to the parcel rather than to an owner. Kim also said the city was sued in May over related issues and that the district court denied a petition for writ of mandamus because a fire lane had not been designated. He urged the private parties to resolve title and covenant questions and said the city cannot enforce private restrictions unless they are incorporated into city code or otherwise applicable. "Private restrictions shall not be enforced by the city," he summarized, while noting an exception in the municipal code if private restrictions are more restrictive than the municipal code. No formal enforcement action was announced during the meeting. Council members asked staff to continue communications with the involved parties and their attorneys; the record shows staff and the parties have exchanged documents and emails but that the property owners had not provided a joint legal position at the time of the meeting. The council did not adopt any ordinance or take formal action specifically related to the Red Hills dispute during the Aug. 26 meeting.