Owners of Pahrump businesses, some dating back to the 1970s, appeared before the Pahrump Regional Planning Commission Wednesday to rezone their property under the new master plan. They were, for the most part, successful.

Nye County Commissioners will consider the recommendations Oct. 18. The rationale was to bring the existing businesses into compliance and lessen the fear their "grandfathered" status could change and hamper their business in the future.

Daniel Daffer, owner of Fort Knocks LLC, has operated a ready-mix and pre-cast concrete company since 1975 at 2911 E. Commerce St. He was granted approval to rezone 5.1 acres from the old open-use district to heavy industrial; the property was in the master plan as mixed use.

Interim Planning Director Cheryl Beeman said the recommendation of the planning department was that the property be surrounded by a six-foot opaque fence. Developments like these are grandfathered under existing regulations, which means they aren't required to put in traffic improvements, though dust control regulations would apply, Beeman said.

But if the owners wanted to expand, they'd have to be rezoned or acquire a conditional use permit, she said.

"These people are just trying to get into compliance the way they are now, and they cannot do it without jumping through a whole lot of fences," RPC member Garry Warner said. "There should be an easier way to do it."

Beeman said an inventory of existing land uses was taken for the master plan, which was adopted back in 2004. "Some things missed the boat. I don't know what to say other than that," she said.

But Michael Phillips, who said he has property interests near the plant, said there's a recreational vehicle park going in nearby. The development is a cement plant generating dust, he said, disputing planning department findings that it wouldn't impact the neighborhood.

Beeman said the concrete plant has existed since 1975; the county planning department is dealing with a known quantity. She said no single-family residences were found south of Commerce and north of Industrial streets between Powerline and Higley roads.

It's an advantage to have the property zoned instead of simply an open-use zone, she said.

In another case, the RPC voted 5-2 to recommend denying Amond Bruneau permission to rezone five acres from low-density residential to a general commercial zone for operation of a mini-storage facility at Vicki Ann Road and Heritage Drive.

Pahrump Town Board representative Laurayne Murray said if Bruneau sells the property, someone else could put another disruptive commercial business on it. Bruneau said he's operated the mini-storage facility for six years and doesn't have intentions to put anything else there.

Resident Charles Kostelaz said the action would set an undesirable precedent. Neighbor Jeanne Christman said rezoning it commercial could allow a gas station or other developments in the future, nullifying the whole point of a residential area.

"I think mini-storages are pretty quiet neighbors compared to some of the neighbors. However, it's spot zoning. There's nothing else around it that is general commercial," Murray said.

Bruneau told the commission simply, "I wanted the real property to be more legal."

RPC Chairman Charles Dupre suggested he merely apply for a conditional-use permit.

When it came to another business grandfathered under new zones, Edzo's Automotive, RPC members issued a favorable recommendation. They voted 6-1 to recommend approving a rezoning for the 2.5-acre property on 1550 and 1580 E. Manse Road from open use to general commercial. It was listed as a mixed-use zone under the master plan.

Planner Steve Osborne said there are a number of commercial businesses within the area, and there was recently an approved zone change for a commercial business a few hundred feet west of Edzo's.

"It probably should've been master-planned somewhat differently than it is," RPC member Mark Kimball said.

Warner suggested rezoning the entire area from mixed use to general commercial. But Murray said there are residences on Manse Road farther east.

Shelley Pugh, who represented property owner Edzo Duynstee, said Duynstee was worried the area will be subject to hard zoning next year, under a study being conducted by the firm of Hogle Ireland. Kimball suggested the firm look at rezoning Manse Road.

"He just wants to make sure everything is going to be OK and he can keep running his business. He's been in business 11 years," Pugh said.

On another application, the RPC recommended approval to rezone an acre from mixed use to general commercial for a machine shop and welding business at 4950 S. Money St., operated by Thomas and Rose Cusick. Pugh, who also represented this property owner, said, "He wants to change everything to general commercial, he's afraid if something happens to him his sons will not be allowed to run the business."

On still another application, Rachel Moore received a favorable recommendation to rezone 4.4 acres from mixed use and low-density residential to general commercial for a trucking and excavating business at 2191 E. Manse Rd. The business first began in 1986.

RPC member Andrew "Butch" Borasky, a Nye County Commission candidate, had his own excavating business up for rezoning. Borasky recused himself as RPC members recommended approving rezoning his 1.1-acre property at 1640 Manse Road from mixed use to general commercial. Borasky was represented by Harley Kulkin, who said Borasky has stored his trucks at that location for eight years.

Kulkin said Manse Road, "will only increase in intensity of being a commercial corridor."

On the west side, Sadie, John and Steve Malek were given a positive recommendation to rezone 4.78 acres from mixed use to general commercial at 591 S. Blagg Road, at the intersection with Wilson Road, for continued operation of a building materials yard. Sadie Malek said they've been in business eight and a half years.