MARK WAITE / PVT Nye County Commission Chairman Gary Hollis wags his finger at Planning Director Jack Lohman as he makes a point during a recess in the commission's planning session Wednesday. In the background, Nye County Attorney Ron Kent looks on. Hollis has strenuously rejected efforts to require to provide site maps after all of their proposed projects, except when they need a conditional use permit. Advertisement

Developers won't be required to provide site maps after all of their proposed projects, except when they need a conditional use permit.

The Pahrump Regional Planning Commission has repeatedly told developers it wanted a site map. Nye County Commission Chairman Gary Hollis Wednesday angrily rejected that requirement, siding with Dave Richards of Civilwise Services.

The discussion concerned a request for a zone change from residential estates to mixed use for property at Jarvis and Blagg roads. The application only states the approval would allow for a variety of single-family, multi-family and commercial developments, common boiler plate language during planning meetings.

The planning commission unanimously rejected the application, submitted on behalf of land owner Kennty Lackey. Richards wasn't specific about what Lackey intended to build on the acre site.

The approval would still subject the developer to site development plan review by the planning department, analyzing elements like parking, landscaping, driveway location, traffic flow, refuse collection, screens and buffers, but only after the project itself has been approved by governing bodies.

A neighboring property owner, Mike Theis, of Inyokern, Calif., voiced concerns over what would go onto the property. In an email to the planning department Theis said he bought his property in the 1970s knowing it was in a totally residential area.

"At this point I am unsure of the impact on my property value if Mr. Lackey's zone change request is approved," Theis wrote. "I would like to know exactly what type of commercial development Mr. Lackey is planning."

Richards said the applicant is willing to have the property rezoned neighborhood commercial, a less intensive use than the wide open mixed-use zone.

"A site plan for neighborhood commercial isn't required in the zoning code or any code written at this point in time. Right now I respectfully ask if that's going to be a requirement that be put in writing and be put in the code so we have to inform our client we have to do a full site plan at the hearings," Richards said.

Hollis then queried Planning Director Jack Lohman about the code.

"The planning commission has been wanting site plans when they request these zone changes," Lohman replied.

Hollis, losing patience, replied, "The question is: Does our code require a site plan?"

Lohman conceded only applicants requesting a conditional use permit are required to provide a site map in the Nye County code. It isn't a requirement for zoning changes or master plan amendments, he said.

But Lohman again added the caveat: "I might add the planning commission is very concerned about approving zone changes without the information to do so."

Richards said his company, which represents the vast majority of land owners in zoning requests before Nye County officials, said he wouldn't object to a text amendment changing the language for zoning changes requiring site plans. He said the zoning ordinances specify what land uses are going to be allowed in different zones, spelling out building heights, building sizes and other requirements.

"Those conditions are already in place. You spent a lot of money and a lot of time putting the zoning ordinance together, the zoning code, so staff does have a guideline to follow to make sure there's no other use allowed than neighborhood commercial," Richards said. "We're trying to limit costs of people making allowances for businesses in here."

Lohman doesn't think a site map would be as expensive as Richards indicated.

Commissioners approved the rezoning 3-0. Commissioners Joni Eastley and Roberta "Midge" Carver were absent.

While Commissioner Butch Borasky voted in favor, he remarked that "there was no specific intended use, no site plan, and without knowing what kind of use would go in there, it would be wide open."

Hollis replied, "Mr. Borasky, that's the reason we did hard zoning. People could have hard zoning and not have an intended use for it. Where are we going with this zoning if my property X, Y, Z is zoned commercial and I got to tell everybody in government what I want to do with that property?"

He added, "Are you going to tell me what I can build on my property? Is that what the site plan is? Is that what the RPC is telling me to do?"

Lohman, a former planning consultant from Las Vegas who began work for Nye County earlier this year, said the site plan would designate a design for the property. He told the RPC a site plan would show things that would help planning board members make a decision, like the footprint of the building, any ingress or egress that's needed for traffic control, the amount of parking spaces and any landscaping or buffer between commercial and residential property.

"They want to see what kind of development they're approving. In other words, get an aerial shot in a capsulated form what they're doing and get enough information to see if it fits properly in that spot," Lohman said.

But Lohman added that, despite what the code says, "The planning commission can require whatever information they need."

However the RPC only makes recommendations to the county commission which has the final say.

Commissioner Peter Liakopoulos brought a quick end to the discussion.

"Is everything according to our code?" Liakopoulos asked matter-of-factly.

"Yes," Lohman replied.

"Then I make a motion to approve," Liakopoulos said.