MARK WAITE / PVT Stacey Pena objects to rezoning property to rural estates residential during the Pahrump Regional Planning commission meeting Wednesday night. Pena wanted her property rezoned commercial. MARK WAITE / PVT Patrick Gaffney holds up a drawing of a proposed recrreational vehicle park before the Pahrump Regional Planning commission Wednesday night. RPC member Carrick "Bat" Masterson, who was a member of the comprehensive rezoning task force, listens at left. Advertisement

The Pahrump Regional Planning Commission hit a roadblock early in the first group of 1,250 remaining properties up for rezoning Wednesday night.

Despite the laborings of the comprehensive rezoning task force for months to examine each parcel, many of the almost 80 people who showed up at the Bob Ruud Community Center still claimed planners were trying to fit a square peg in a round hole, or vice versa.

People who had plans for shopping centers, recreational vehicle parks, restaurants and other ambitious plans showed their hand early, in an attempt to convince the RPC to change its mind.

A group of property owners living near Shadow Mountain in the far north side of Pahrump Valley rose in opposition to a proposed light industrial park and persuaded the RPC to send that proposal back to the drawing board or eliminate it.

Laura Parrish said she bought 7.5 acres in the neighborhood two and a half years ago, planning to build a retirement home. RPC member Carrick "Bat" Masterson, who also sat on the comprehensive rezoning task force that studied the 1,250 remaining parcels left out when the hard zoning was approved in June 2007, said she couldn't build a home in the light industrial zone.

But Parrish said there are residences all around her house.

The existing homes would be considered non-conforming and allowed to stay. But Planning Director Jack Lohman said the intent is for non-conforming uses to eventually go away.

Veterinarian Dr. Suzanne Zervantian said she built a nice, Southwest-style home in the neighborhood in May 2007.

"I was fully aware when I purchased the property there wasn't any zoning, but by the time we started construction, we knew it was light industrial. We didn't want to move," Zervantian said.

Jim Petell asked who was encouraging planners to designate that area as light industrial. Petell said there was simply an old, gravel pit where someone tried to put a cement plant but 76 people signed a petition in opposition.

RPC Chairman Mark Kimball said the county went through the master plan for several years. Some members of the audience said they weren't here or didn't remember when the master plan was adopted in 2004, which was the predecessor to hard zoning.

"We took almost five years to get the hard zoning. We went through countless public hearings on hard zoning. We backed off on this property and sent it to a task force to study the question," Kimball said.

"If someone wanted industrial property they should have purchased that," Marilyn Capasso wrote. "I truly feel by putting an industrial zone directly across the street from our homes, you will make them unlivable, unrentable, unsellable and totally devalued monetarily as well as aesthetically."

Dave Richards, a consultant for CivilWise Services who also sat on the task force, said some owners don't want commercial or industrial zoning because of the higher property values.

"You know what happened with the county assessor after the hard zoning -- it was a nightmare," Richards said. "I know people who stand to lose their property because of the taxes now."

Lohman said the issues of property values and taxes is a subject that should be addressed by the county assessor.

But after 75 minutes' discussion on the first of 29 groups of parcels in the northwest quadrant, the RPC seemed to lean toward a suggestion by Judith Holmgren to simply eliminate the light industrial zone.

Eventually Kimball asked, "Is the master plan correct? And we haven't decided that. We're being asked to zone this after the RPC, the board of county commissioners and a task force could not properly make a complete determination. So I'm not about to leap too fast on this particular subject."

Kent Parrish said, "I don't see anybody standing up, saying they want their property light industrial in this area."

On other groups of parcels, no one showed up to voice opposition to the rezoning recommendations. In those cases, the RPC approved the suggestions of the task force to rezone property from open use to mostly residential zones.

On other groups of parcels, there was opposition.

Burt Christie said it didn't make sense to rezone his neighborhood to rural estates residential. Christie said when Hogle Ireland drew up the zoning map in 2007, he requested rezoning the whole area on Bell Vista Avenue as neighborhood commercial.

"There's only two residences in over a two-mile length of highway there. It's one of the most heavily traveled highways in Pahrump. It's inconceivable to me it's going to develop as residential," Christie said.

Christie's request was disregarded. Masterson said residents in his subdivision, Golden Springs Ranch 7, have deed restrictions in their conditions, covenants and restrictions (CC&Rs) mandating it remain residential.

Nye County Chief Civil Deputy District Attorney Ron Kent was asked to weigh in on the issue of CCRs. He said the Nevada Supreme Court ruled against the Washoe County Commission, which rezoned a property commercial in violation of CC&Rs, but those agreements were in a "properly perfected" agreement.

Ronald Thaxton, 3400 N. Blagg Road, was told he'd be allowed to keep his 18-acre pistachio orchard. In his case, Masterson persuaded the RPC a rural estates zone would be a better fit instead of village residential.

An angry Patrick Gaffney objected to a VR-20 zone where he proposed a restaurant project at 1281 N. Leslie St., a block north of Irene Street. Gaffney is the developer who planned to build improvements at the old Pahrump Valley Racetrack -- now put on hold by the economy -- but plans to go ahead with a gas station and convenience store at Pahrump Valley and Calvada boulevards.

"We spent over $1 million on this land, so we're not going to go quietly into the night," Gaffney said.

He also outlined plans for a recreational vehicle park.

Masterson said Gaffney's property could be zoned mixed use, which is appropriate for large parcels since it permits a mix of neighborhood commercial or residential.

RPC member Nevada Tolladay offered to table Gaffney's rezoning indefinitely, but Kent asked to put a time limit on that rezoning. It was suggested 60 days would be enough time for Gaffney to present plans to the RPC.

Robert Hadduck, who has had a roofing business on Stagecoach Road for 14 years, said there are several businesses on his street, including the StageStop Casino, but the plan is to rezone the area rural estates residential.

Masterson said the RPC can't recommend rezoning it to a more intensive use, like commercial, the way the agenda was posted under the Nevada Open Meetings Law. But Hadduck was successful in persuading the RPC to study that group of properties further.

Jan Jensen, who formerly owned the StageStop, said in this recession people can't afford to spend the money to hire consultants and present rezoning requests.

Clyde Wilson, a member of the Salvation Army advisory board, said the army wants their property next to Hadduck's preserved as commercial to keep its value.

On another request, Martin Sadowitz was told if he rezoned his property on West Irene Street to commercial, it would be obvious spot zoning in the middle of a residential area.

But a more amicable Gene Scheppmann, accepted a rezoning to rural estates residential. He plans to come back and request to rezone 2.5 acres at the corner of Basin Avenue and David Street commercial, where he wants to build a shopping center to serve the Sunset Mobile Home Park around the senior center.

Scheppman said his son, Curt, plans to break ground in June on a expansion to the mobile home park which will include 125 new homes.