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Jun. 22, 2007
Commissioners OK zoning map
By MARK WAITE It's official: Pahrump will now have zoning. Nye County commissioners, after hearing from 37 residents over five hours Wednesday, voted unanimously to approve the zoning map prepared by Hogle Ireland consultants. The zoning will cover all but 1,251 properties that will be left to further study. Commissioner Joni Eastley had some last minute concerns centered around comments by the Pahrump Regional Planning Commission, which voted 6-1 on June 13 to recommend approval, but remarks of which indicated some reservations. "The planning commissioners made comments, one that this proposal isn't ready to go. Two, this is as good as it's going to get. Three, it's an imperfect document but it's also an imperfect world we live in. Four, that it's not a perfect document," Eastley said. She added, "Probably the one that bothered me the most, the community will have at least 85 percent of the zoning complete and correct." Eastley said 15 percent of the almost 49,000 parcels would add up to 7,000 parcels zoned incorrectly or incompletely. Hogle Ireland Managing Partner Mike Thiele assured Eastley that RPC Chairman Mark Kimball was referring to properties recommended for further study in County Commissioner Butch Borasky's motion, which included only about 2.5 percent of all parcels in Pahrump Valley including 370 properties listed as mixed use in the master plan that will remain open use for now and 871 identified as needing further study, most of them in a few Calvada subdivisions. Commissioner Peter Liakopoulos made the suggestion to appoint a committee of local business people to review those 1,241 properties and make a recommendation. "I would also hope current businesses are taken a look at and given some leeway," Liakopoulos said. He also complimented his predecessor, Patricia Cox, for getting the ball rolling on zoning, which began with the adoption of a master plan in November 2003. Residents made last-minute appeals for changes in the zoning map. A few were successful. There were arguments by property owners zoned residential who wanted to be commercial, while others pleaded for just the opposite change. Murton and Carol Bowman, members of a family that first settled in Pahrump Valley in 1946, successfully argued their property was no longer included in a development plan submitted for Mountain Falls by William Lyon Homes. Murton Bowman added a new twist: "We know where the water is and there's so much of this on this new map that is commercial and there's no water on it ... All these people will be paying taxes and all it is is dirt and rock, without the water ... I talked to three big developers in the last month and they're scared to death of impact fees." He added that he'll be farming 250 to 260 acres of alfalfa. "I can't sell my property because of what's happening with the impact fees." Chuck Haldeman, 5201 Oakridge Drive, represented the sentiments of some property owners when he said he bought his property assuming it could be commercial. His business park light industrial zone in the master plan was changed, however, to rural residential. "I'm right across the street from an existing factory," Haldeman said, referring to Nevada Bottling. "If I'm going to put a residential house on there, the view is of a factory." Haldeman was told there was no appeals board if the commission accepts the map. Liakopoulos's suggestion to set up a committee of business owners to review problem areas appeared to reflect a sympathy for existing business owners like Paul Enck, owner of Enck's Auto Repair at 1820 W. Mesquite Ave. Enck successfully argued to be placed into the category of parcels for more study. Enck said he spent $28,000 complying with environmental regulations to move his auto repair business in 2000 and would have to spend more money to rezone an adjacent parcel onto which he wishes to expand his business. "If they're zoning us, they should be zoning us correctly. Or is this just more fees for the county?" Enck said. Borasky replied, "If we turned around and granted people everything they wanted, the map would look like a polka dot with spot zoning in it. We can't give everybody a wish list, it would cost millions of dollars to do that." Al Balloqui argued on behalf of a millwright operation with a dozen employees and a $600,000 annual payroll that may want to expand its 200,000-square-foot plant on Thousandaire Boulevard in future years, but the back five acres is now zoned VR-20. He said it will be difficult for the firm to get a conditional use permit if the area grows up residential. RPC member Carrick "Bat" Masterson cautioned commissioners against approving zone changes at Wednesday's meeting, without following normal notification requirements allowing neighbors to provide input. While many property owners wanted their property rezoned commercial, Bernard Hoffman, who owns five properties totaling 370 acres, was concerned about paying higher property taxes once his property is rezoned commercial. "I bought the properties 12 years ago. I don't have very high property taxes. They're not developed, I don't foresee developing them for a long, long time," Hoffman said. While some residents preferred the security of keeping their old, open use zone -- which allows just one house on a lot -- Thiele said those requests should be kept to a minimum. Charlotte Floyd said her family's property at 312 W. Basin Ave. was already taxed as light industrial. She said neighboring property is industrial. "The light industrial does not fit into that area with the way that area is developing with single-family homes," Borasky said. John Tate, 280 W. Stagecoach St., persuaded commissioners to put him into a category of properties needing more study, for property adjacent to the Stage Stop Casino that was zoned residential. Richard Lozo made a lengthy speech about how the zoning wasn't explained well enough with the notices, getting a sympathetic ear from Eastley. Ronald Riddle, 6910 N. Gahn Drive, railed against "bureaucrats." He complained about only having five days to respond to the rezoning letter before the May 16 RPC meeting, then having to wait outside due to lack of room. Riddle said a nonconforming use would be grandfathered into existing regulations but that grandfather status would be lost if the property is out of current use for more than six months. The cavalry came to the rescue during the afternoon. Real estate agent Paul Glidden, Cox, RPC member Norma Jean Opatik and a few others appealed to commissioners to approve the map. "We've been working on this for five years. We have spent over $3 million," Cox said. "This is the year we put zoning in place. Stop putting it on the back of property owners. Get hard zoning so we can start planning this community." The county could look at conditional use permits and waivers to resolve problems down the road, Cox said. Some developers showed some of their plans for the future. Attorney Liz Sorokac, representing Focus Property Group, wanted a VR-8 or VR-10 zone for the dairy property instead of VR-20 for "a more dense development." Attorney Tony Celeste appealed for a transition VR-8 residential zone for property between Winery Road and Industrial Road, east of Highway 160. Attorney Ed Garcia, representing Wulfenstein Construction, wanted general commercial zoning instead of neighborhood commercial on properties east of Highway 160. It was referred for more study. |
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