PAHRUMP REGIONAL PLANNING COMMISSION MINUTES OF THE FEBRUARY 9, 2011 MEETING

Transcription

1 PAHRUMP REGIONAL PLANNING COMMISSION MINUTES OF THE FEBRUARY 9, 2011 MEETING Call to Order and Roll Call The meeting was called to order in the Nye County Commissioners Chambers, Pahrump NV. Members in Attendance: Nevada Tolladay Norma J.Opatik Mark Kimball Butch Borasky Terry Hand John Koenig Marvin Minnick Vicky Parker Members Absent: None Planning Staff: Steve Osborne Beth Lee Beth McGhee District Attorney s Staff: None Building & Safety Staff: None Public Works Staff: David Fanning Tim Dahl Other Attendees: None Acronyms Used: ADT = Average Daily Traffic ARC = Architectural Review Committee BLM = Bureau of Land Management BOCC/BOC = Board of County Commissioners CAA = Charles Abbott Associates CUP = Conditional Use Permit DOR = Deed of Restrictions CCO = Code Compliance Officer CC&R = Covenants, Conditions & Restrictions DRC = Development Review Committee FEMA = Federal Emergency Management Agency NBHPS = Nevada Bureau of Health Protection Services NCC = Nye County Code NCSD = Nye County School District NDEP = Nevada Division of Environmental Protection NDWR = Nevada Division of Water Resources NDOT = Nevada Department of Transportation NRS = Nevada Revised Statues PRPD = Pahrump Regional Planning District PRPC/RPC = Pahrump Regional Planning Commission PTB = Pahrump Town Board PUD = Planned Unit Development USFS = United States Forest Service ROW = Right-of-Way SFR = Single-Family Residential SOB = Sexually Oriented Business TIA = Traffic Impact Analysis TPC = Transportation Planning Committee UBC = Uniform Building Code Page 1 of 10

2 Call to Order Pledge of Allegiance 1. Approval of Minutes December 15, 2010 January 12, 2011 Commissioner Koenig made motion to accept the December 15, 2010 meeting minutes. Commissioner Minnick seconded the motion. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig. Motion Passes Approval of / Modifications to the Agenda: Approval of the Agenda after Considering Requests to Rearrange, Hold or Remove Items. There were none. 3. Correspondence and Announcements There were none. 4. Public Comment No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on a future agenda as an action item. (Three-minute time limit per person and speakers are requested to limit comments to items not on the agenda.) Mr. Borasky is submitting plans for a modified homeless shelter and a camp ground. Commissioner Opatik made a motion to accept outside content. Commissioner Koenig seconded the motion. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes 7-0. Richard Fenton, he stated that this was a vision that was given to him. He is with the Helping Hands of Jesus. He stated that he was addicted to every drug and now he is sober and clean and he sees many people with these problems. He wants to help people with hardships in the community. Free and of no charge. They do no ask for funds. The idea of a campsite is a rehabilitation facility to help those people that can t help themselves. He referred to the items that he provided to the board. He wants to help others help themselves as this community doesn t have a program like this. Commissioner Kimball stated that he would need help to find a location for his project and then he will have to look for funding at that time. Mr. Fenton stated that is correct. Commissioner Kimball asked if Mr. Fenton knew the amount of money that he would need to get this project going. He is looking for 40 acres or less and the financing will come as they are able to show development with the project. As of right now he is just trying to show a concept. Commissioner Tolladay asked how many people he would consider homeless. Mr. Fenton stated last year at this time there were 32 families in the program. Right now there are 5 travel trailers and several campers. There are many families living in cars and in the desert. Right now he is estimating 20 families living in these situations right now. They use travel trailers as transitional homes. Commissioner Tolloday stated it is roughly 100 families. Mr. Borasky stated it is roughly 100 children so it is more like people. Commissioner Tolladay stated that it might be a little premature to direct staff. Page 2 of 10

3 Commissioner Kimball stated that the public and the Town needs to back this because we need more support. He stated that when it gets farther along then we can discuss what further needs to be done and funds will be able to possibly be allocated at a later time. Mr. Fenton stated that he is just trying to create interest in the situation. Commissioner Kimball said he is willing to speak with them after the meeting. Mr. Borasky stated that they are a very large group and very well organized. Public comment closed at 6:19 pm. 5. Commission Reports a. BOCC Liaison Report - BOCC Liaison Butch Borasky Joint board meeting with BOCC and the town. He has been working to build bridges between Nye County and town. Working on a whirlwind tour of the county for the Nye County Comprehensive Plan. b. Pahrump Town Board Liaison Report - PTB Liaison Vicky Parker Nothing at this time c. Capital Improvements Plan Advisory Committee - Mark D. Kimball Commissioner Kimball stated the committee has decided to meet in the month of March. The Board stated any revisions will be taken care of then, and directed Mr. Osborne to coordinate d. APA Luncheon The meeting was cancelled. 6. Ex Parte Communications and Conflict of Interest Disclosure Statements Commissioner Opatik stated she had some things to say about the rezoning of Humahuaca. Regular Agenda Items: Action will be taken by the Regional Planning Commission on the following items: Waiver Application(s): 7. WV : Waiver Application to allow the installation of a freestanding pole sign instead of a monument sign as required within the Neighborhood Commercial (NC) Zoning District, for a proposed Maverik gasoline station and convenience store, located at 3010 S. Highway 160, situated at the southeast corner of Highway 160 and Homestead Road, further described as Calvada Valley Unit 1, Block 1, Lot 1. Maverik, Inc. Property Owner/Applicant. Young Electric Sign Company (YESCO) Agent. AP# Ms. Lee referred to the staff report. Applicant has applied for a free standing pole sign which is not zoned for neighborhood commercial as it is currently zoned. Ms. Lee stated the proposed signage is consistent with current signage. Therefore Planning agrees with the signage. Commissioner Kimball stated we would just be being consistent with other signage. Matt Wren with Yesco and Don Liliquist spoke for applicant. Mr. Wren stated they do all the signage for the Maverik stations and they have a rustic pole illuminated sign and fits with the motif. Mr. Borasky asked if the poles are rated for our wind load. Mr. Wren stated that actually it is rated for higher than that. Public comment closed at 6:29. Page 3 of 10

4 Commissioner Kimball made a motion to approve and Commissioner Hand seconded. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion Passes 7-0. Application to Modify Conditions of Approval: 8. CU : Application to Modify the Conditions of Approval related to Conditional Use Permit CU , specifically to remove Special Condition #12, which requires the improvement of Kellogg Road with 2 moving lanes of asphalt paving. Conditional Use Permit CU allows for the reinstatement of the previous grandfathered use of a restaurant on property in the Rural Estates (RE-1) Zoning District. Located at 3561 E. Kellogg Road, further described as Lot 730 of Green Saddle Ranch Subdivision. Vincent and John Congiu Property Owners/Applicants. AP# Ms. Lee referred to the staff report. The original staff report had a condition to improve the road and with talks with Public Works we concur to approve with new conditions. Commissioner Opatik stated she thinks that if future development occur that we put a condition in that the business have to require road development at a later date. Commissioner Tolladay asked if we have the ability to reinstate this at a later time and Mr. Osborne stated that we do not to do this as a special condition at this time as we can do it at a later date through other means. Commissioner Kimball stated we have gone round and round on this issue before and we are trying to be proactive in helping business. He thinks possibly we need to continue this item to get more information from Public Works. Commissioner Hand stated that if we are reinstated Grandfather properties that is what we need to do. He feels that we shouldn t be instated conditions when it is a Grandfather clause. Mr. John Congiu spoke as applicant, he said he just wants to open up the restaurant and if everyone is required to fix their frontage then everyone else that has a business there would too. Commissioner Kimball asked if the applicant all other health code conditions have been met and applicant said yes they have. Public Comment closed at 6:38 Commissioner Koenig made a motion to approve and Commissioner Parker seconded. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion Passes 7-0. Zone Change Application(s): 9. a. MP : (Minor) Master Plan Amendment application to change approximately acres from the Mixed Use Land Use Category to the General Commercial Land Use Category, for properties described as Calvada Valley Unit 11, Block 2, lots 7 thru 15 and 18 thru 24, Block 3, Lots 7 thru 28, Block 4, Lots 6 thru 13, 16 thru 18, and 21 thru 26, Parcel 1 of File Map , Parcel 1 of File Map and Parcel 1 of File Map , located at 100 thru 361 S. Emery Street and 80 thru 340 S. Humahuaca Street. Multiple Property Owners. Pahrump Regional Planning Commission Applicant. APN s & 16; ; & 18 21; & 06 12; ; and Page 4 of 10

5 b. ZC : (Non-Conforming) Zone Change application to change approximately acres from the Neighborhood Commercial (NC) Zoning District to the General Commercial (GC) Zoning District for properties described as Calvada Valley Unit 11, Block 2, lots 7 thru 15 and 18 thru 24, Block 3, Lots 7 thru 28, Block 4, Lots 6 thru 13, 16 thru 18, 21 thru 26 and Parcel 1 of File Map# , Parcel 1 of File Map# and Parcel 1 of File Map# , located at 100 thru 361 S. Emery Street and 80 thru 340 S. Humahuaca Street. Multiple Property Owners. Pahrump Regional Planning Commission Applicant. APN s & 16; ; & 18 21; & 06 12; ; Mr. Osborne referred to the staff report. He stated that he came back with the report as agreed to by the commission. Commissioner Parker stated that previously they were told that it couldn t be General Commercial. Mr. Osborne stated we can deal with the set backs are at another time. Ms. Opatik stated she is against it. Commissioner Hand asked why we were looking at this in the first place. Mr. Osborne stated that it was a petition that was started in Commissioner Opatik stated that this was because they put office buildings. Commissioner Kimball stated that this is like a major waiver. He stated that the RPC directed staff to come back with this proposal. Mr. Osborne stated we have not received any objections. Commissioner Kimball stated we would be putting light industrial and neighborhood commercial up against each other. Public comment closed at 6:50 pm Commissioner Kimball moved to approve and there was no second. Open Use (OU) and Highway Frontage (HF) Zone Changes: 10. ZC : Zone Change application for properties located within the Pahrump Regional Planning District from the Open Use (OU) or Highway Frontage (HF) zones as follows: A and 1320 W. Carrol Street, from Open Use (OU) zoning district to the Rural Homestead (RH 9.5) zoning district. APN s & B & 1321 W. Austin Street, from Open Use (OU) zoning district to the Light Industrial (LI) zoning district. APN s & C N. Highway 160 from Highway Frontage (HF) to the General Commercial (GC) zoning district, APN and 2220 N. Lakoda Street from the Open Use (OU) zoning district to the General Commercial (GC) zoning district, APN D E. Dandelion Street from the Open Use (OU) zoning district to the Neighborhood Commercial (NC) zoning district, APN E. Page 5 of 10

6 F N. Leslie Street, from the Open Use (OU) zoning district to the Neighborhood Commercial (NC) zoning district, APN G. 111 and 100 W. Brandon Lane, from the Open Use (OU) zoning district to the Multi Family (MF) zoning district, APN s & H N. Araby Ave., from the Open Use (OU) zoning district to the Village Residential (VR-20) zoning district, APN I N. Kittyhawk Drive, from the Open Use (OU) zoning district to the Village Residential (VR- 20) zoning district, APN J. 471 E. Mesquite Ave., from the Open Use (OU) zoning district to the Village Residential (VR-10) zoning district, APN K. 220 W. Stagecoach Road, from the Open Use (OU) zoning district to the Rural Estates (RE-2) zoning district, APN L. 151 N. Blagg Road, from the Open Use (OU) zoning district to the Rural Homestead (RH 4.5) zoning district, APN M & 2091 E. Christine Way, from the Open Use (OU) zoning district to the Light Industrial (LI) zoning district, APN s & N. 280 E. Wilson Rd., from the Open Use (OU) zoning district to the Rural Estates (RE-1) zoning district, APN O. 731 E. Bolling Rd., from the Open Use (OU) zoning district to the Village Residential (VR-20) zoning district, APN P. 681 S. Big Five Rd., from the Open Use (OU) zoning district to the Village Residential (VR-20) zoning district, APN Q. 611 & 590 S. Lola Lane, from the Open Use (OU) zoning district to the Village Residential (VR- 20) zoning district, APN s & Mr. Osborne referred to the staff report. Commissioner Kimball asked if any one parcel owner wanted to be removed from this group. Commissioner Opatik wanted to pull B and E. Commissioner Parker stated she would like N pulled. Public stated they M and D pulled. Commissioner Kimball asked verything but those. Mr. Borasky stated we keep looking at properties that are one acre or larger so that we don t cause a hardship on the owners. He specifically stated the Mesquite lot, Big 5 and Bolling and Lola. Commissioner Kimball stated this has been going on for three years and we need to get past this. Mr. Osborne stated that we have sent Page 6 of 10

7 out public hearing notice and we addressed all of the public s comments. Commissioner Opatik stated that as we go through the master plan is when we need to address these situations. Public comment opened at 6:59 Arthur Jones stated that he is concerned about zone D. He wants to keep the zoning the way it was because that was how it was when he Commissioner Tolladay asked what particular area he was concerned about. Commissioner Kimball stated they would be getting back to that parcel. Commissioner Kimball made a motion to approve made a motion to approve Sections A,C,F,G,H,I,J,K,L,O and P. Commissioner Koenig seconded. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes 7-0. Mr. Osborne was asked about B. He stated that everything in the adjacent zoning was zoned with that same zoning in mind regarding Light Industrial which is what the Master Plan has recommened and that is why Planning is recommending this. Commissioner Opatik stated that there are residences across the street that had an issue with light industrial in that area and there is no buffer. Commissioner Tolladay stated that staff was to bring zones back to the board that fit and that is what they did. Commissioner Opatik didn t agree. Public comment closed at 7:08. Commissioner Kimball made a motion to approve B. Commissioner Parker seconded the motion. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes 7-0. D. Mr. Osborne referred to the staff report. Commissioner Kimball agreed with the recommendation for Section D. Public Comment Opened at 7:18. Gail Matthews. She was here in 2009 and opposed back then and still opposed because she did not want neighborhood commercial and complained about Lewis Equipment. Commissioner Tolladay asked what she would want to see and she stated residential. Commissioner Kimball sated that no one is ever assured as to what some zoning will be and as long as he has been on the board no one has ever been assured of anything. Terence Davies stated with the help of Dave Richards and a previous board member the residential members in that area don t have industry in that area and he thinks we should come up with a plan that is conducive to everyone. He stated he was never informed. Mr. Osborne stated we notice out to 300 feet. Mr. Earl Vaden stated he did not want commercial. Page 7 of 10

8 Mr. Applegren stated that he didn t want commercial either. Public comment closed at 7:22. Commissioner Parker strongly supports VR-10. Commissioner Kimball made a motion to change the zoning in D to VR-10. Commissioner Koenig seconded the motion. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes 7-0. Commissioner Kimball asked about Section E. Mr. Osborne referred to the staff report. Mr. Diviak stated everything is neighborhood commercial around him except his residence. He asked who applied for the application to change his property. Commissioner Tolladay asked if he had an objection. Mr. Diviak stated as long as it doesn t raise his taxes then fine. Mr. Borasky stated no one on the board can guarantee anything about the taxes. Commissioner Kimball stated we need to consider the whole street. Public Comment closed at 7:33 Commissioner Opatik made a motion to continue E and Hand seconded. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes 7-0. Mr. Osborne referred to the staff report in regards to Section M. He stated the use is within current zoning. Mr. Dave Richards stated that he is objecting to the zoning proposal. He stated that this is on a property the property reverted and that is why the property is not what it should be now and he would like the neighborhood commercial zoning that he had previously. Public comment closed at 7:39 Mr. Richards stated he has 17 acres that he would like to discuss that is leaning toward the commercial use anyway. Mr. Osborne stated that if the commission is inclined we would have to renotice as it is more intensive zoning. Commissioner Parker made a motion to bring this section back as Neighborhood Commercial. Commissioner Koenig seconded. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes 7-0. Mr. Osborne referred to staff report regarding Section N. Master planned Mixed Use, surrounding properties are all zoned Neighborhood Commercial. Commissioner Parker asked why make this residential zoning. Mr. Osborne referred to the staff report. Commissioner Parker asked if the map Page 8 of 10

9 was correct. Ms. Opatik and Commissioner Parker thought that the map may be incorrect. Commissioner Kimball asked how that section of was sectioned out. Public Comment closed at 7:47 Commissioner Opatik made a motion to renotice this Section as requested and Commissioner Parker seconded. Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Tolladay, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion passes Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time of Future Pahrump Regional Planning Commission Meetings. 12. Adjournment Adjournment at 7:47. Approved Date: March 9, 2011 Attest: Nevada Tolladay, Chairman Pahrump Regional Planning Commission Marvin Minnick, Secretary/Clerk Pahrump Regional Planning Commission Page 9 of 10

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