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

May 1, 2014

123 turns, 123 with a named speaker, under 1 agenda items. The words and the names are the county clerk's.

7. For possible action - (Continued Public Hearing from April 24th 2014), discussion and

Ms. Beeman

made adjustments on page 26 under Goal 1, Objective B, Policies 1-3.

Ms. Beeman

moves to page 33, the language that Commissioner Hafen wanted under Water Availability, didn’t get into the back up that the board has today but has it for acceptance today.

Commissioner Hafen

stated in the second portion in grey where it states “Acknowledging that water is a limited resource it warrants more detailed investigation” and he would like to see that it “warrants a continued investigation”.

Ms. Beeman

reviewed page 86, Groundwater Management Committee, she had sent it the Groundwater Management Committee and they referred her to the NRS 534.034 and added language from that NRS section.

Commissioner Koenig

asks about the NRS box on page 85.

Ms. Beeman

stated on page 85 there is another NRS section and has that for additional information and asks to add the additional information into the record.

Ms. Beeman

stated on page 96 she added goal 10, objective A, policies 1 and 2.

Ms. Beeman

stated on Figure 4.2 she has two recommended changes that she would like the board to consider. The first change recommended is that the property adjacent to the Pahrump Winery on Winery Road be changed from RDR to LDR. The second is located at the SE corner of Pahrump Valley Blvd and Thousandaire to include four lots to the east.

Commissioner Hafen

asks if that is the lot that has a roofing company and auto repair. Are you trying to take those businesses and Master Plan them appropriately?

Commissioner Carbone

asks if those properties and property down on Thousandaire will then have their zoning changed now that the Master Plan is complete.

Ms. Beeman

refers to Mr. Lewis.

Mr. Lewis

stated we are in the Master Planning process and the idea behind this plan is to make it more to what it is out there, this document doesn’t change the zoning or what they can do. However Page 2 of 10 it does show intent, it isn’t our desire to change someone’s zoning, however, it might happen with a request that comes into us to be consider.

Commissioner Carbone

stated that is fine if the property owner applies but to not force it with this Master plan.

Mr. Lewis

stated all land use decision are based on zoning, there is a determination as to if it is conforming to the zoning or not, we are not advocating anyone to come in for a zone change at this time.

Commissioner Carbone

asks if there is a plan by virtue of the RPC to make changes by virtue of this map overlay.

Mr. Lewis

stated he has not been directed to do that, and there isn’t a plan to do that. Zoning will not change with this this Master Plan update.

Commissioner Koenig

stated it isn’t the intention of this board to do that. They had some intent to look at the VR-10, VR-20 zoning issue we have.

Ms. Beeman

stated we know that there are areas in the community that were zoned for High Density that shouldn’t have been. There are no road or infrastructure available. We would want to recommend to the BOCC to make those corrections. The others on Thousandaire there may be some corrections we have to do to pertaining to residential density.

Commissioner Koenig

stated for the record they are not changing people’s zones as they are today.

Mr. Lewis

stated there are applications in the process at this time that are unrelated to this Master Plan update.

Ms. Beeman

stated the schedule has changed, we will be setting the date, time and place with the BOCC May 19th with the Public Hearing taking place June 17th.

Commissioner Hafen

asks if it is a change to what we currently have here or is that what was included in the back up.

Ms. Beeman

this is a change to what you currently have.

Ms. Beeman

stated there is a new NRS referred to as Assembly bill 239. She hasn’t been able to find the NRS it references, however it requires a SUP permit process for large renewable energy generation projects. It requires us to have an above ground utility plan and it is required to be in entity’s Master Plan and we don’t have that.

Commissioner Koenig

stated to add that to the next update in 5 years.

Commissioner Hafen

stated after this is looked at by the BOCC recommend an amendment in less than 5 years to add that in if we so desire.

Mr. Sutton

states the NRS reference is 278.165.

Commissioner Koenig

asks the date on that.

Commissioner King

stated he noticed on page 29 the center paragraph starting with land development/land use it references the lot sizes for a well and having an ISDS he would like to see the NAC 444.790 included in that area. Page 3 of 10 Public comment opened at 1:29 PM. Bill Clark, lives at 200 E. Mesquite Ave., would like the board to accept his comments on the update.

Commissioner Koenig

refers to Mr. Sutton and asks if we need to take a vote to accept the comments.

Commissioner Koenig

accepted the comments.

Mr. Clark

states he has a few concerns because the word update he believed to be minor simple update, but this is a major change. He asks Mr. Lewis if it is a prerequisite to change zoning you must have a master plan aligned to come in compliance to get maximum government compliance.

Mr. Lewis

stated this document is a Master Plan and it looks at the future, if you are going for a zone change one of the things is conformance with the plan once it is adopted.

Mr. Clark

asks if as a community you get maximum government benefits when your master plan and zoning is in compliance with each other.

Mr. Lewis

stated not necessarily. It is a case by case basis each individual property owner can come in for a request.

Commissioner Koenig

stated we need to continue to address the master plan. The NRS states we have to update the Master Plan every 5 years. That is what we are doing, we aren’t getting ready to change zoning, we are updating per NRS.

Mr. Clark

continues to discuss his concerns regarding the master plan. He asks why Dollar General isn’t listed on this map, and states the community should be properly noticed of this change.

Commissioner Koenig

stated because Dollar General is zoned properly, and the community was notified properly by NRS. Burt Christie, owns Eagle Motors. He understands this is a Master Plan and not a rezoning. He has bought the property adjacent to his with the hope of expanding his business, and it is listed as Residential. The new Master Plan has taken it from red to pink, one of this has his business on it now the Master Plan has it shown as residential property.

Commissioner Koenig

stated pink is RIA.

Mr. Christie

stated that is fine but it only covers one property, the adjacent property isn’t covered. It is shown residential.

Commissioner King

asks if the property is vacant.

Commissioner Carbone

asks if it is zoned Commercial.

Mr. Christie

stated yes, but shown on the Master Plan as residential.

Commissioner Carbone

stated if this master plan even attempts to change the existing zoning that is there without the person that lives there to make the change, there will be some issues. Page 4 of 10

Commissioner Carbone

stated that is why he wanted to get on the record that the zoning doesn’t change.

Commissioner Hafen

asks what the current zoning is on that vacant property and the current business.

Ms. Beeman

stated they are General Commercial.

Commissioner Koenig

asks why we would have made that change.

Ms. Beeman

stated she believes when we looked at Mesquite and the 2003 Master Plan had run from Hwy 160 to Blagg with Commercial strip. One of our goals was to put Commercial nodes in and eliminate the Commercial strips. The adjacent property in question and including it into the NDA is possible.

Commissioner Koenig

stated the whole corner is commercial.

Ms. Beeman

stated the 2003 plan had stripped out that area all the way to Blagg for commercial purposes, we took it to what it was. If it is rural residential it is rural residential. They saw it as a undeveloped piece of property so it was assigned RDR.

Commissioner Koenig

stated let change it.

Ms. Beeman

asked if we will include it into the RDA node.

Commissioner Carbone

is asking about the properties along Highway 160, and that the zoning hasn’t changed for those properties. Bill Clark states he owns a lot two lots down from Mr. Christie towards Mesquite. Ronnie Murphy, requests the commission postpone the acceptance of this Master Plan, he has several issues with the update and their properties in the valley.

Commissioner Koenig

stated this change to the Master Plan has been going on for 4 years, we have held Public Hearings and there weren’t attended by more than a few people. Janice Brown, concerned with the lack of growth in the town, we need to bring in new manufacturing in to town. Public hearing closed at 1:56 pm.

Ms. Beeman

asks for clarification we will take those parcels from Blagg to Highway 160, those parcels that front onto Mesquite will be changed to RDA. Does that included anything on the south side or are we just focusing on the North side.

Commissioner Koenig

stated just the North side.

Commissioner Koenig

referred to Commissioner Carbone for his portion he had comments on.

Commissioner Carbone

stated on Highway 160 down from Eric Vessella’s property all the way down to Mesquite. They are all commercial endeavors there. Is it RDR?

Ms. Beeman

stated much of that are from Simkins down to Mesquite has been reclassified to a RDT, based on an analysis on Residential subdivisions that had been created during the Calvada time period. Until such time we have an access management plan or acquire substantial traffic improvements for Highway 160 to have various spots of Commercial development. Staff and Commissioners discuss the potential for commercial businesses along Hwy 160 to Mesquite.

Commissioner Hafen

asks if it is Eldridge to Bell Vista to Mesquite, on both the East and West side of the Highway.

Commissioner Koenig

stated just the west side.

Commissioner Carbone

asks if it is the frontage at 160, and how far back.

Ms. Beeman

states Bell Vista South to Mesquite on the West side and the parcels fronting.

Commissioner Hafen

states for clarification there is Dollar General, a gas station and a tire shop?

Commissioner Carbone

states no tire shop just a business just behind there on Eldridge.

Ms. Beeman

states the Assessor’s office has the business on Eldridge is coded in their 400 category and is owned by the county.

Mr. Clark

states the taxes were paid and haven’t been recorded yet.

Commissioner Hafen

states there are three businesses either present or going in fronting on 160 one of which may or may not be fronting on Eldridge. Meeting went into recess at 2:07 pm. Meeting reconvened at 2:20 pm.

Commissioner Hafen

stated the properties that are already businesses fronting the highway are clearly General Commercial and should be Community Development Area and the parcels not developed, especially the ones on the highway he doesn’t think we should be changing.

Ms. Beeman

stated they took out a lot of the strip commercial was because there was no infrastructure, if infrastructure develops then someone can come in for a Master Plan amendment. It was appropriate at this time.

Commissioner Carbone

asks what the reason for not wanting it to change.

Commissioner Koenig

stated no utilities.

Commissioner Carbone

stated you have businesses on Hwy 160 that are on well and septic, Dollar General being one.

Ms. Beeman

stated the RDA description is worded in a way that it fits into the rural nature due to the lack of infrastructure. Page 6 of 10

Commissioner Hafen

asks if the Dollar General would fall into the proper Master Plan if it was RDA.

Commissioner Hafen

stated you are recommending RDA over CDA.

Commissioner King

asks if the current stretch of Hwy 160 on both sides, except a few are General Commercial.

Ms. Beeman

stated it looks primarily Mixed Use, General Commercial and Light Industrial.

Commissioner Hafen

stated for clarification staff was recommending changing from RDR to RDA. RDA does allow residential anywhere between RH-9.5 and RE-1. RDA would still include residential as well as the commercial.

Commissioner Koenig

asks if that includes Eldridge.

Commissioner Carbone

stated now we are going from Bell Vista North, correct.

Commissioner Koenig

stated he believes there is a development agreement out there to develop that area.

Ms. Beeman

has moved up to Simkins North.

Commissioner Hafen

asks if the lots in the General Commercial zone are half acre or smaller lots.

Ms. Beeman

stated the West side are 1 acre, and the East side is .62 acres.

Commissioner Hafen

states .62 acres does not allow for well and septic.

Commissioner King

asks what it is currently Master Planned

Ms. Beeman

stated General Commercial and the original Calvada has them planed out as residential

Commissioner Hafen

stated that is why the Advisory Committee decided based upon staff recommendations to turn this into the RDR area.

Commissioner Koenig

stated on the west side you can have a well and septic and the East side will probably remain empty forever. Page 7 of 10

Commissioner King

stated to just leave it as it is.

Commissioner Hafen

stated staff had two recommendations to change designations, one was to change RDR to LDR next to the Winery and intersection of Homestead and Thousandaire to continue to RDA.

Ms. Beeman

asks for clarification on the properties. Two as designated that you mentioned one going from RDR to LDR next to the Winery and the node at the intersection of Homestead and Thousandaire to extend the RDA to include the current business in the area.

Commissioner Carbone

asks how we can turn a gravel pit at Simkins into Rural Density Residential.

Commissioner Hafen

asks for clarification on the parcels.

Ms. Beeman

stated it appears there are three parcels that are a gravel pit.

Mr. Sutton

asks to put the parcels on the record.

Commissioner Hafen

states the parcels are 027-361-01,-02, -03, -04.

Ms. Beeman

states it is zoned RH-4.5 and Master Planned LDR.

Commissioner Carbone

asks Mr. Lewis as the Zoning Administrator if he can make an administrative change to that zone since it is zoned improperly.

Mr. Lewis

stated no, it looks to be grandfathered in. Unless the owner wants to make application for a zone change they won’t just change someone’s zoning.

Ms. Beeman

stated gravel pits are an allowed use in RH-4.5 so it is not improperly zoned.

Commissioner Hafen

asks for clarification on the property. They can continue to do what he is doing but if he wants to expand on the property he will have to apply for a CUP at the current zoning and at what is currently being suggested for the Master Plan designation.

Ms. Beeman

stated that is correct. Page 8 of 10

Mr. Murphy

stated this is an industrial property and it is not properly zoned.

Mr. Lewis

stated they can submit an application for a zone change and master plan amendment if they are that concerned with the neighbors.

Commissioner Koenig

states this could be made RDA.

Commissioner Koenig

asks if it is more than one parcel.

Mr. Murphy

stated it is more than one acre, it is a total of 80 acres

Commissioner Koenig

stated if they chose to leave this alone they shouldn’t do anything. Nothing is changing for you, you can continue to do business.

Mr. Murphy

also stated he has a few other gravel pits that need to be looked at. Meeting went into recess at 3:10 pm. Meeting reconvened at 3:18 pm.

Mr. Sutton

stated once this Master Plan has been approved by the Commission and presented to the BOCC, the BOCC cannot make a change or addition to the Master Plan without it first coming back to the RPC to prepare a report and give feedback on the proposed additions or changes to the Master Plan.

Ms. Beeman

stated we are at Irene and Blagg, there are 16 parcels. The corner two properties have been assigned NC. The other parcels are zoned RH-4.5 and they have classified it RDR.

Commissioner Carbone

stated to Mr. Murphy that he and his father can bring it to the BOCC and they can send it back to the RPC if they have finding that should be addressed.

Mr. Lewis

stated we could also continue this to the May 14th RPC meeting.

Commissioner Hafen

asks if that would still leave time to get it on the BOCC agenda.

Mr. Lewis

stated that is just to set the public hearing on June 19th. They will discuss a discussion item only to discuss the item only to get public input on the document.

Ms. Beeman

stated staff has discussed having a public hearing between seeing the BOCC to have a date and time set for public input.

Mr. Sutton

stated for clarification that as soon as the Commission passes the Master Plan you are going to the BOCC to set the date. Prior to that date you are going to have a discussion for public to come in and discuss their concerns.

Ms. Beeman

stated between the setting of the date and the date of the public hearing, have a discussion.

Mr. Sutton

stated that is do able.

Commissioner King

stated we have been doing this for 4 years. This was supposed to have been in 5 years, we shouldn’t drag it out any father.