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Public meetings / Planning Commission

September 14, 2022

32 turns, 32 with a named speaker, under 3 agenda items. The words and the names are the county clerk's.

5. Commission/Committee/Director Reports:

Commissioner Carbone

stated the ASPCA will be taking total control over, they have had a doctor looking at the dogs at the animal shelter for the dogs that have been taken. b. Director’s Report

Mr. Waggoner

stated total planning applications received for August was 212 which was decrease of

7. Total applications processed was 158 which was an increase of 39 over the previous month. Since

Commissioner Skinner

asked if they come back the next year, are we able to keep approving extensions of time?

Mr. Waggoner

stated yes it would be the pleasure of the board and they have the ability to ask for the extension perpetually. Gina Meredith asked when the last time you spoke to this person.

Mr. Waggoner

stated probably 2 weeks ago.

Commissioner Carbone

asked if this is a utility issue they are having problems with.

Mr. Waggoner

stated yes they are outside the utility tariff and until they are annexed in the utility company can’t provide them with an intent to serve. They are moving through the annexation process; the PUC is very backed up and things are slow coming out of there.

Mr. Osborne

stated this is to allow for an off-premises sign for Burger King. The subject parcel is CDA and the rezoning is in conformance with the Master Plan. NCC allows for off-premises sign with a CUP in the GC zoning district. Staff is recommending approval of the applications subject to all the conditions. Applicant was not present at the meeting.

Mr. Osborne

stated if the Zone Change does not get approved, then the sign will not be allowed. Because it has to have the GC zoning. Eventually those would expire because both of those applications require the approval of the building permit and sign review. The WV and CUP would expire in 6 months if the ZC is denied.

Mr. Waggoner

stated typically there should be a condition in there saying the approvals are contingent on a successful ZC. He recommends adding the condition that if the ZC isn’t approved the WV and CUP would become void immediately.

Mr. Waggoner

stated there is a condition on the ZC that states if the property isn’t used for what they are asking for it would expire.

Commissioner Skinner

asked if they have to come back if they want to change the graphics?

Mr. Osborne

stated no, they can change the graphics.

Commissioner Skinner

asked what happens when the property changes ownership? Can that owner then change the graphics to whatever they want to?

Mr. Osborne

stated this is specifically for Burger King, so as long as it is Burger King related it can change however, they want. But it can’t change to some other business.

Commissioner Turner

stated Dirt to Surf LLC is the owner who is requesting the ZC, WV and CUP, so it doesn’t have to be Burger King, its what ever the owner rents it out for.

Mr. Waggoner

stated no the purpose of this is for an off-premises sign for Burger King, they can not change it.

Commissioner Turner

asked who holds the CUP?

Mr. Waggoner

stated the CUP stays with the property, the staff reports says it is for Burger King.

Commissioner Turner

stated if they rent it to Taco Bell then they’d have to come back? Page 4 of 7

Mr. Waggoner

stated they would need a new CUP, these aren’t like a billboard where they can change the face on the billboard. It is specific to off-premise advertising for a specific business.

Commissioner Turner

asked which application is written specific for the business.

Mr. Waggoner

stated all three are written specific for only Burger King.

Mr. Osborne

stated this is also for the off-premises Burger King sign. It is just a different location and all the same applications and staff is recommending approval of the applications.

Commissioner Turner

asked if the condition that was placed on the previous items on being null and void are missing from these conditions.

Mr. Osborne

stated yes, we need to add those same conditions. Applicant was not present. Page 5 of 7 Public comment opened and closed at 6:37 pm with no comments. Item 9-A Motion: recommend approval of ZCMP-22-14 to the BOCC based upon the findings within the staff report and subject to the conditions of approval, Action: Approve, Moved by Walt Turner, Seconded by Jacob Skinner. Item 9-B Motion: approve WV-22-15 based upon the findings outlined within on the report and subject to the conditions of approval adding the additional condition that should the zone change not be approved the waiver be null and void, Action: Approve, Moved by Walt Turner, Seconded by Debra Hayden. Motion passed unanimously. Item 9-C Motion: approve CU-22-25 based upon the findings outlined within on the report and subject to the conditions of approval adding the additional condition that should the zone change not be approved the CUP be null and void, Action: Approve, Moved by Walt Turner, Seconded by Debra Hayden. Motion passed unanimously.

10. For Possible Action: Discussion, deliberation, and possible direction to staff regarding the Pahrump

Mrs. Medici

reviewed the power point stating they did a Master Plan update in 2014 and revised the categories at that point because there were categories that were the same as the zoning districts. They have discussed in prior meetings that the Master Plan doesn’t work in certain areas of town with the zoning or vice versa. They have discussed the VR-20 study areas and will be a priority. They are trying to preserve the rural feeling of the Pahrump Valley. They will review land use, streets and physical factors and they are now in the middle of a FEMA flood study and there is an area of the valley that hasn’t been studied in quite a while and they are now and hope to have that project done in June of 2023. There is a transportation element we will be discussing; we understand there are also urban aspects we need to address as well. Next month we will be discussing the Master Plan survey that was done and we will analyze the comments. Workshop October 12th and come back to ask to set the Public Hearing to adopt on November 9th and take it to the BCOC for December 20th.

Commissioner Tyler

asked if they want to lake a more in-depth look at a section or further discussion and public comment it would move back deadlines, but they are able to do that, correct?

Mr. Waggoner

stated the current 2014 Master Plan is up on the website and encourages the board in preparation for the meeting to review the chapters and pay specific attention to the goals. He thinks we have around 8400 parcels that are zoned VR-20. Some parceled down to the correct size, others are still pretty large acreage but out in the rural areas of Pahrump. They can’t change zoning through the process but develop a goal to bring the MP and Zoning more together, so it makes sense. Some areas are zoned commercial where there are no infrastructure and roads aren’t in good shape, that can be a goal. Do we want to direct commercial business into town where infrastructure is.

Commissioner Turner

asked if on the 2014 map the large green section in the Northwest are those lots that are owned, open space or BLM land. And is there anything specific planned for that.

Mr. Waggoner

stated it is a combination of both. It is an area that is a drainage issue and probably why it is classified as Open Space.

Commissioner Hayden

asked for clarification on a workshop and if it is something other than one of these meetings. Page 6 of 7