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Top Story

Jul. 13, 2007

NO SHRIMP FARM

New zoning era creates confusion for RPC

By MARK WAITE
PVT

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During the first Pahrump Regional Planning Commission meeting since approval of the official zoning map, confusion resulted over the grandfather clause and permitted uses in different zones, .

Beau Dempsey, director of operations for Ganix Biotechnologies Inc., wanted to locate a shrimp farm in a 50,000-square-foot accessory building on Oakridge Avenue just south of Manse Road, which he thought was permitted in a rural homestead 4.5 district.

Nye County Planning Director Jack Lohman said that's a residential zone that allows limited farming. The allowance for an accessory building was meant for residences, he said.

"This is, in a sense, essentially a new area of agriculture. If you had a house on that property and you were going to grow corn or alfalfa and something we could all see, you're perfectly in your right to do that," RPC Chairman Mark Kimball said. "Doing some processing of product, you're changing the definition."

Some property owners wanted to rezone their land to bring them into compliance with the new zones, for one reason or another, though they were able to continue their present non-conforming uses under the grandfather clause.

John Shea, co-owner of Pahrump Valley Disposal, faced opposition from residents near Manse Road and Rachel Court, who objected to his zone change application to general commercial for 4.76 acres, to continue using it as a staging area for containers. Shea indicated it could be used for an expansion of the recycling program in the future.

Roberto Madrigal complained about having garbage containers and portable toilets directly across the street. "As the city grows, so the garbage company is going to grow," he said. "There's going to be much more traffic."

Pahrump Town Board Chairman Laurayne Murray said she was asked to speak on behalf of members of the Escapees RV Park who oppose the rezoning. RPC member Norma Jean Opatik said snowbirds are a vital part of the tourist economy.

Anita Velarde wanted to upgrade the 160 Building, a large flea market just off Highway 160 north of Blosser Ranch Road, after the property owner converted from sole proprietorship to a limited liability corporation.

"We want to get rid of the tent. We need a place where there's a more permanent structure. I want to install steel buildings," Velarde said.

A property owner subject to the grandfather clause, Velarde received her OK to be rezoned general commercial, but the RPC decided it can impose conditions like a block wall buffer.

Jan Russell, representing Pahrump Granite Co., received a favorable recommendation to open a business fabricating countertops for kitchens and bathrooms in a rezoning of property at 1060 E. Third St. to commercial manufacturing. Russell said there would be less noise than the Mountain Vista RV Service that formerly existed in that building.

Nevada Geo-Tech got a recommended go-ahead to move to a property at 1760 W. Mesquite Ave. It will include a 40-by-60-foot building and storage yard.

Dave Richards, a consultant from CivilWise Services, said the commercial manufacturing zone would accommodate the drilling rigs and equipment.

"That was set up to encourage business to move to Pahrump and to promote the commercial development that we so desperately need in Pahrump," Richards said.

Murray said, however, the RPC would have to properly post an agenda notice of a zone change to commercial manufacturing. He was allowed instead to rezone to general commercial.

Philip and Janet Jensen, who built the Stagestop Casino in 1994 and still own Stagecoach Manufacturing, a rubber manufacturing business nearby, unsuccessfully protested residential zoning on parcels they own near their commercial businesses during the zoning map process.

The Jensens requested a commercial manufacturing zone but were allowed to rezone two neighboring parcels to general commercial, even though they didn't have specific plans for the property. The property is in a low-density residential area.

RPC member Carrick "Bat" Masterson urged the Jensens to make up their mind if they wanted to build manufacturing, a shopping center or something else, then request the appropriate zoning.

John Tate, owner of ANC Roofing, 280 W. Stagecoach Road, said the whole area should be commercial.

"Last year I paid over $150,000 to Nye County in sales tax. Now if I have to move that business, I'm sure not going to re-establish it in Nye County," Tate said.

A request by the Jensens to rezone three parcels in the 1000 and 1100 block of East Gamebird Road to general commercial drew objections from residents who felt the road should remain residential. But Planner Steve Osborne said general commercial was appropriate since Gamebird Road was a major section line road.

"There isn't one piece of commercial property from (Highway) 160 to Winchester on the right-hand side," protested Walter Stanley, 1190 E. Gamebird Road.

The property was recommended for rezoning to mixed use, which was previously viewed as a catch-all problem zone.

Ronald and Beverly Arey, owners of Mountain Muffler, at 1720 W. Basin Ave., withdrew their zoning application without prejudice, for which they spent $1,325, after being told they could continue a non-conforming use under the grandfather clause.

Ronald Arey thought he had to rezone the property to general commercial after receiving a notice in the mail about being in a new RE-1 zone.

Robert Brentlinger said he needed to rezone his 1.1 acre lot with a gun shop on Thousandaire Boulevard just west of Oakridge Avenue to qualify for refinancing. He was denied a rezoning to general commercial.

"Until I get a conforming use, I'm hand struck," Bretlinger said. "To go forward and get business loans and to be a growing part of this community, they do not recognize non-conforming."

Lohman said the refinancing wasn't a concern for the RPC. Kimball told Bretlinger he could appeal to the Nye County Commission.














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