Independent investigative news

Welcome to Nye's Lies

We report on Nye County: the meetings, the money, the water, and what your county government does with all of it.

Everything under Nye County government and resources in the menu is public record, organized so you can actually use it: every meeting and agenda, every bill before the county, water rights, campaign money, what every county employee is paid, and where the budget goes. Dig around. It is all yours.

Alerts only when we publish. Unsubscribe any time.

Public meetings / Planning Commission

April 24, 2014

82 turns, 82 with a named speaker, under 2 agenda items. The words and the names are the county clerk's.

7. For possible action – Bill No. 2014-11: Further discussion, deliberation and possible decision to

Mr. Lewis

stated they did meet with the Fire Chief and got his concerns. One element he wanted to remain was the pre-HUD buildings that they maintain the 10’ setbacks.

Commissioner Koenig

asks when the last meeting with the Fire Chief was.

Mr. Lewis

stated he believes it was last week.

Commissioner Koenig

stated additional things have come up since then, and the Fire Chief is in attendance so we can get his comments.

Commissioner King

asks if this also pertains to site built homes as well.

Mr. Osborne

stated it does, the first part of paragraph 3 means any type of construction of residence and the second sentence pertains to pre-HUD homes.

Commissioner King

states that there needs to be clarification in the document.

Commissioner Koenig

states that paragraph tends to say if it isn’t in compliance with the manufactured housing it doesn’t meet the test. We want it to say, manufactured homes have to meet the 10’.

Mr. Osborne

stated this is for manufactured homes that don’t comply with the 1974 construction change.

Commissioner Koenig

stated his point is it doesn’t state that, it doesn’t separate a site built from a manufactured home. We need to clarify this section.

Commissioner King

understands the intent but it’s not clear. It’s confusing and someone that doesn’t understand the code will have a different understanding.

Mr. Lewis

stated the definition has to do with a principal structure, but if the principal structure was a manufactured home it would have to maintain the 10 ft separation.

Commissioner King

would like to see it changed to read manufactured home.

Commissioner King

asks Mr. Osborne if this will supersede the zoning districts and if it will be changed to reflect the new setbacks.

Mr. Osborne

stated yes. Page 2 of 8

Commissioner King

stated within paragraph D it states “Accessory structures having a gross area of 120 sq. ft. or less are exempt from this code…” and asks if that means you can just place the buildings right up against each other. Any accessory structure should have to adhere to the code. We should remove that it is exempt, they all should be required.

Mr. Osborne

verified how Commissioner King would like paragraph D to read.

Commissioner Koenig

stated a typical 10’ x 10’ shed in the backyard is typically where I store my lawnmower and cans of gas and to say that’s completely exempt and can be put right next to my house isn’t going to work.

Commissioner King

stated category E, under design, it states structures greater than 120 sf must be aesthetically compatible with principal structure. What does that mean?

Mr. Lewis

stated it is an attempt to have the accessory structure compatible with the primary of either color, construction or texture. The purpose is to make it look like the principal dwelling.

Commissioner Koenig

stated a shed from Sears, Home Depot, and Rubbermaid wouldn’t fit.

Commissioner King

stated he understands the goal but has difficulty with this requirement, it’s an overreach.

Commissioner Koenig

stated this is supposed to be separation requirements not HOA rules.

Commissioner Hafen

asked if heights of buildings are addressed in each zoning district, it’s not needed here at this time.

Mr. Osborne

stated yes, but it addresses maximum building height it doesn’t separate principal and accessory structures.

Commissioner Koenig

would like to see paragraph e removed completely.

Commissioner Dolan

voiced concerns on the intent of the text amendment and be careful with the wording.

Commissioner King

verified we are looking to remove paragraph e completely.

Commissioner Hafen

verified Chief Lewis would like to see a section covering types of materials stored in accessory structures and separations for those various items. Chief Lewis stated the ordinance has an absence of that, which is a great concern for us, because we may think we have a shed fire but it may be something much more than that.

Commissioner Hafen

asked Chief Lewis if current code requiring 10’ separation satisfactory based on the concerns you just raised. Chief Lewis replied it depends on what the material is.

Commissioner Koenig

stated he thought excluding 10’ x 10’ sheds is foolhardy.

Commissioner King

stated when this started it seemed like a simple change, but we’re finding this is more complicated.

Commissioner Hafen

doesn’t agree to amend the zoning districts. If someone wants to waive a setback they should come back before us.

Commissioner Koenig

also has a problem having setbacks in this part.

Commissioner King

stated the zoning districts are comprehensive in their setback requirements, and he will amend his motion to remove items 4b and 4c.

Commissioner Dolan

amends his second.

8. For possible action – Adoption of the 2014 Update of the Pahrump Regional Planning District

Commissioner Koenig

reviews his comments on the Master Plan which were correction of typographical errors and grammatical flow of sentences.

Commissioner King

reviews his comments which included reference and question clarification, proposed beltway.

Ms. Beeman

expanded why the Master Plan Steering Committee reduced the number of residential land use classifications.

Commissioner Hafen

as a representative from the Master Plan Steering Committee, addressed several of Commissioner King’s comments and questions, and then discussed his comments regarding typos and grammatical items. Also brought up additional goals and objectives the Steering Committee had discussed adding to the plan at their last meeting that staff didn’t have time to add to the plan presented today.

Commissioner Koenig

asked staff what the proposed designation is for these properties.

Ms. Beeman

stated it is proposed RDR for both. Closed public comment at 2:50 pm.

Commissioner Hafen

acknowledged that he knows Mr. Celeste on a personal level, but it has no influence whatsoever in his decision making on the master plan.

Commissioner Hafen

responded to some of the public comments.

Commissioner Dolan

pg 23 law enforcement portion; due to certain dispatch center closures this section may need to be rewritten or readdressed. Responded to future landfill designation, and you always need to have a plan for openings and closures. Will the Town of Pahrump be required to pave the large lot used for Test Site employee parking?

Commissioner Koenig

responded that this is just the master plan and it has nothing to do with zoning or development requirements.

Commissioner Dolan

expressed concerns about agricultural uses absent from the master plan.

Commissioner Koenig

questioned if agricultural uses are better addressed under zoning.

Ms. Beeman

stated that our zoning ordinance does not prevent land owners from establishing their own garden or green house under the accessory structure uses. Commercial agricultural uses might be more challenging.

Commissioner Hafen

commented from the Committees perspective.

Commissioner Carbone

asked for clarification if the Tonopah jail was closing.

Commissioner Dolan

stated it’s the Beatty jail that is closing. Meeting went into recess at 2:50 pm. Meeting reconvened at 3:05 pm.

Commissioner Koenig

asked staff to address the dairy property.

Ms. Beeman

reviewed the last Master Plan Steering Committee meeting and the request from Focus Properties to reconsider the dairy property. Committee felt it was premature to change the recommendation without specific plans.

Commissioner Koenig

asked for a motion to reopen the public hearing and then a motion to continue the Master Plan to May 1, 2014 at 1:00 allowing staff time to incorporate all the changes to the document.

Ms. Beeman

presented some mapping changes she would like the RPC to consider. Price is Right Mini Storage proposed RDR, developed with mini storage and residence. Page 5 of 8

Commissioner Hafen

verified the RDR designation would not prohibit Price is Right from continuing to operate, it would prohibit them from expanding without first appearing before the RPC.

Commissioner Koenig

stated we will take these properties one by one with a presentation by staff, motion and vote by the RPC.

Commissioner Hafen

questioned do we need to reopen the public hearing to take action on each of these separately. Marla Zlotek states we need to reopen the public hearing to take motions and give direction to staff on each parcel.

Commissioner Hafen

Motions to reopen the public hearing at 3:16 pm seconded by Commissioner Earl Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Dolan, Bob King, Bruce Earl, Gregory Hafen II, Jennifer McCall, John Koenig, Joseph Goode.

Commissioner Hafen

asked for staff’s recommendation on this area.

Ms. Beeman

states staff recommendation is to leave this area as RDR.

Ms. Beeman

present next area west of Hwy 160, north of Mesquite, recommended as RDA, currently a grandfathered junk yard and staff recommends to leave it as RDA.

Commissioner Hafen

asked for clarification – RDA or RDR.

Ms. Beeman

states it is currently RDA and staff is recommending RDR.

Ms. Beeman

presented area along Pahrump Valley Blvd across from the Willow Creek Golf Course, staff recommends to change it to OPR

Commissioner Hafen

states it is showing as OPR on the map.

Ms. Beeman

states they will leave it as is.

Commissioner Koenig

states no motion is necessary as there is no change to the recommendation.

Commissioner Koenig

states let’s address the Focus properties so they can leave.

Commissioner Hafen

gave Steering Committee background as to the basis for their decision and recommendation.

Commissioner Koenig

states there is no motion so they leave the properties as is.

Ms. Beeman

presents the Artesia property along Grain Mill and Hafen Ranch Road; it was missed and staff recommends this be included as SPD.

Commissioner Hafen

will abstain from this item.

Ms. Beeman

presents area at Highway 160 and Country Place, specifically 5400 N. Highway 160. Owner is currently developing property as General Commercial and needs to be recognized.

Commissioner Carbone

asks isn’t that area already commercial.

Ms. Beeman

replied the area may be currently zoned commercial, but it wasn’t planned that way in this update. The subdivision is established and only this one parcel has developed as commercial. At this time, leaving the area RDR and recognizing this particular parcel is the right thing to do.

Commissioner King

asks what this property will be.

Ms. Beeman

replied it is RDR, same as surrounding properties. No motion, property remains RDR.

Commissioner Hafen

asks staff if there was an issue with the parks, specifically Artesia.

Ms. Beeman

stated she noticed some of the Artesia parks are zoned VR-10.

Commissioner Hafen

stated it’s a zoning issue not anything we have to deal with here.