Agendas & Minutes

May 18, 2004

TUESDAY – 7:00 P.M.
MAY 18, 2004



Note:  There may be a quorum of Nye County Commissioners and/or Pahrump Advisory Board members present at this meeting.

1.    Call to order.

2.    Public comment. (Action may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS 241.020(2)(C)(3).

3.    Presentation and discussion only regarding second draft zoning ordinance.  (No decisions will be made at this meeting.)  Town Board/Consensus Planning

4.    Adjournment.


SPECIAL NOTE: Any member of the public who is disabled and requires accommodations or assistance at this meeting is requested to notify the Pahrump Town Office in writing, or call 775-727-5107 prior to the meeting.  Assisted listening devices are available at Town Board meetings upon request.




Chairman Paula Glidden called the meeting to order and led in the pledge of allegiance.  


There was no public comment at this time.


Jim Talbert began by stating this meeting is to discuss the draft zoning ordinance and to clarify some bad information.  Mr. Talbert stated that zoning is necessary to implement the master plan and it will help protect the rural character that is desired of the community.  Jim Talbert introduced Karen Marcotte with Consensus Planning who prepared the zoning ordinance.  

Karen Marcotte presented information regarding the growth in Pahrump, the existing zoning of open use and highway frontage and why the current zoning should be amended.  Ms. Marcotte discussed the survey that was taken by the residents, some of the changes from the first draft, and some proposed conditions of approval.  She also talked about the 30% growth rate and the increase in services that will be needed and regulating growth through zoning.  Karen Marcotte reviewed some of the changes made from the first draft to the second draft.  

Ms. Marcotte provided information on other meetings to receive public input and said that changes can be proposed until the June 16 when the County Commissioners will be voting on the ordinance.  People will be able to make comments at other meetings as well.  Karen Marcotte also explained what would happen if this ordinance is adopted and what might happen if it is not adopted.  (See summary attached.)

Ms. Marcotte urged the Board’s support for the zoning ordinance of some kind.  Ms. Marcotte urged the Board to suggest amendments to make the draft acceptable.  
Special Town Board Meeting - Zoning
May 18, 2004

Charlotte LeVar asked about the current zoning, when it happened and who authorized it and how it happened.  Karen Marcotte replied that the County implemented the zoning and stated that the Nevada Revised Statutes are very clear.  The zoning authority for the County rests with the County governing body with is the Board of County Commissioners.  That Board approved the zoning for the Nye County district in approximately 1999.  The open use and highway frontage was zoned and approved.  

Charlotte LeVar asked about the monies being paid to the County currently and are they being kept by the County for various permits.  Ms. Marcotte replied that the permits currently being paid are low fees compared to other communities and are used to fund the Nye County Planning Department and to do plan review.  

Mrs. LeVar noted that it was said that this ordinance should be adopted due to the fact all the money that had been spent.  Charlotte LeVar said that even though a lot of money has been spent does not mean it is the right thing to do.  Ms. Marcotte responded that the time and investment of the community that is valuable and not the money.  The money issue was raised due to an article in the newspaper which indicated that money was spent on the master plan and where would the money come from to do the ordinance.  Karen Marcotte noted that the money for the zoning has already been allocated.  The reason to go forward is not because the money has been spent, but because the community has been working for 18 months on the project.  

Charlotte LeVar asked if the old codes will be left in place.  Karen Marcotte replied that it is recommended that some codes be rescinded, others be replaced and amended.  The reason for the length of this ordinance is that it is a strike out version.  The version without the strike outs is 120 pages.  The existing code in place today is 195 pages. The new zoning ordinance will reduce the amount of regulations and replace sections of the old code and some rescinded.  The new ordinance will not be allowed to conflict with the old codes.  

Charlotte LeVar asked about the poll of 400 people which was probably taken from the 1999 census which indicated Pahrump had 7,000 individuals.  Mrs. LeVar stated that the nucleus of Pahrump was 7,000 from information she received in the 2000 census.  It did not mention the other 23,000 people.  Mrs. LeVar said a cross section of 400 people does not seem to be a great percentage of people.  Charlotte LeVar said she understands that in the poll, zoning was not mentioned.  Karen Marcotte replied that the statistical validity of the poll was set up based on the 2000 census which showed a population of 26,000 people in Pahrump.  Ms. Marcotte said as she has learned the Town and the County that 26,000 is too low and should be approximately 30,000.  The pollsters used the 30,000 number to make sure they would get a statistically valid sample.  The 407 respondents is a statistically valid sample of a population of 30,000.  That gives the poll a 95% confidence level.  Ms. Marcotte noted that a professional polling company that does statistical surveys was hired to do this poll to be sure it was done correctly.  

Special Town Board Meeting - Zoning
May 18, 2004

Mrs. LeVar again noted that the word “zoning” was not used in the poll.  Karen Marcotte agreed and explained that the question “Do you favor zoning” was not used as to not imply they were going to take zoning away and only amending the zoning.  More specific questions were asked.

Charlotte LeVar asked why Ms Marcotte called it a county survey.  Karen Marcotte replied that it was Pahrump and Johnnie that was polled and only this Regional Planning District sponsored and paid for by Nye County.  Ms Marcotte said she believes that the survey is an accurate representation of Pahrump.  

Ed Bishop stated that Ms. Marcotte had said that the residents want zoning based on the questions in the poll which were geared at a “yes” response.  Mr. Bishop asked why the people were not asked if they want PUD’s or the number of animals they would like restricted, question regarding hedges among a few.  Karen Marcotte replied that the complete survey is quite extensive and designed to get a neutral response.  Each question was phased as to not lead an answer.  

Mr. Bishop asked how many questions were in the survey.  Ms. Marcotte replied there were 67 questions and received many “no’s” to some of the questions.  Only the things that were supported were put into the ordinance.  Karen Marcotte spoke on the animals and the hedge requirement which is in the ordinance.  Surveys are available from Consensus Planning.  

Ed Bishop said he was given a list of proposed amendments and asked if they were proposed after draft 2.  Ms. Marcotte replied they were after the second draft.  Mr. Bishop pointed out that since the second draft, there are 75 proposed changes.  Karen Marcotte agreed.  Ed Bishop asked if there are 75 new amendments how can anyone be assured that ordinance is correct.  Ms. Marcotte replied that she cannot claim that any version of the zoning ordinance is going to perfect for everyone and that 100% of the people 100% of the time.  If a majority of the people agree with a majority of the provisions of the ordinance, then it is a successful ordinance.  The 75 proposed amendments means that the citizens have found things they would like to see changed.  It is the Pahrump ordinance not TriCore’s ordinance.  

Ed Bishop pointed out that he asked earlier about hedges and he was told it was not included.  Mr. Bishop noted that in Section 17.04.940 it says that this applies to all properties in the Pahrump Regional Planning District and indicates a maximum height in the front yard, wall, fence or hedge limited to 4 feet.  Mr. Bishop asked if it was not in the ordinance or is it in the ordinance.  Karen Marcotte said there are new landscape regulations that apply to the non-residential properties, not to the residential properties and the existing property is grandfathered in.  Mr. Bishop said he cannot decide to plant one in the future if this is adopted.  Ms. Marcotte said it is an amendment that will have to be made clear.  The zoning ordinance does not require that you have a certain kind of landscape in a residential property.  

Special Town Board Meeting - Zoning
May 18, 2004

Richard Billman said his questions are from people that have asked him about and he could not answer them.  Mr. Billman asked about what would happen if a business is sold to someone else in a certain area.  Ms. Marcotte explained that a grandfathered business can be sold or inherited or transferred.  The business would be able to stay for the life of its use.  

Mr. Billman commented on the nuisance issue with respect to what is an abandoned vehicle.  Some people may differ in opinion.  Ms. Marcotte said that this was addressed with the classic car enthusiasts and have exchanged draft versions of the ordinance with them and have come up with a section for cars.  

Jeanna Howard asked for clarification on animals especially regarding rabbits.  Karen Marcotte stated that the livestock definition was taken out of the ordinance.  Ms. Marcotte said she wanted to stay clear of animals but was encouraged to some how regulate animals.  Karen Marcotte noted that the current ordinance was modeled with one from Norco, California and still uses the unit number.  This also allows you to increase the number of animals based on the shelter provided and other factors.  Ms. Marcotte asked if taking rabbits out is desired an amendment could be made.  

Paula Glidden commented that everyone is talking from the point of view that they are living in or working in.  Ms. Glidden said she is hearing comments from people concerned with protecting what they already have.  Ms. Glidden said, as a realtor, there are so many people coming to Pahrump with so much money ready to take this town and make it theirs.  Paula Glidden said people are looking to plow through regulations to do whatever they want.  This is needed to protect ourselves.  If we do not protect it, Ms. Glidden stated, we will get what we get.

Dave Richards asked what happens if adopted with the statement that says private property will not be rezoned as the purpose is to make the zoning match the master plan.  If that is correct, current zoning will stay the same and have only applied new regulations.  Karen Marcotte replied that the zoning reference map is a reference map only.  The ordinance would set up the new zoning districts; people could apply for a zone change to one of those districts if they wished, and the county could in, the future, could zone areas of town if they wished to but would first have to notify each property owner before the property zoning can be changed.  Ms. Marcotte explained that the new ordinance is set up to deal with the new developments.  

Dave Richards asked about enforcement staffing and will additional staff be required to enforce the ordinance.  Karen Marcotte replied that eventually it would because of the population growth.  New enforcement is not needed because of the regulation.  

Ms. Glidden asked that the audience to get questions to the Town Board or Town Manager so they may be addressed at the next RPC meeting.  

Paula Glidden opened up the floor to the audience.

Special Town Board Meeting - Zoning
May 18, 2004

Willy (Bill) Griffin commented the some of the ordinance is necessary and some of them are not.  Mr. Griffin said he would not like to see this pushed through without being able to vote on it. Paula Glidden asked that he write down the sections that he would like to see amended and submit them to the Board or RPC.  Mr. Griffin suggested that the developers to pay for street and parks.  

Jason Paskvan commented that there was no contradiction in the ordinance and produced examples of some such as security and privacy restrictions.  Mr. Paskvan gave his opinion on outside storage as it reads in the draft ordinance and arbitrary and selective enforcement.  

Paula Glidden asked that Mr. Paskvan to provide his questions to TriCore.  Jason Paskvan said he has about 36 issues and is still writing them down.

Karen Marcotte noted that in the second draft amendment where it says 4 foot wall it now reads up to an 8 foot wall could be allowed if set back 10 feet from the property line.  

June Frye commented that RAZ, Residents Against Zoning, has requested back up material and results of the studies by TriCore that they are required to do by contract.  Examples would be what is in the Capital Improvement Plan, sewer plant resource plans, staffing and implementation plans, just to name a few.  Ms. Frye said they have asked for the estimated cost to enact and implement the proposed zoning.  They have also asked how this will impact our community’s financial condition for a specific grandfather clause.  They have asked for documentation regarding future needs as it concerns water.  RAZ has asked for only the back up the County Commissioners and other official desire to have before making a responsible decision on any matter.  Ms. Frye said that after meeting with TriCore they were told they have not completed the studies.  June Frye asked why adoption is being considered at this time.  Without documented back up of costs and how this will affect everyone living here, RAZ continues to stand strong against zoning.  A petition is still being passed concerning anti-zoning and will be taken to Tonopah to be placed on a County ballot.

Dan Clark commented that he understood that the deed restrictions was zoning and suggested starting in Calvada as they already have something like zoning currently and make the residents live up to what is already in place.  Dan Clark commented that there are approximately 100 to 125 trucks using Malibou Street for construction purposes.  Many people thought there were zoning restrictions in Calvada.  Mr. Clark asked for some signs to be placed on Malibou to control the trucks.  

Mrs. Davies commented on the trucks using Malibou from early morning until late at night.  Mrs. Davies stated that there is a petition of the residents on Malibou who are tired of the truck traffic, pollution, dust, etc.  

Special Town Board Meeting - Zoning
May 18, 2004

Paula Glidden stated that they have talked about this situation and it is a unique situation.  The Town does not control the roads, the county does.  Ms. Glidden said she would like to see the something done and that Mrs. Davies should contact the county.  

Mrs. Davies commented that she has contacted the Mr. Yao of the County and he told her that he would be glad to police it if there were an ordinance and the same with the Sheriff’s Department.  Mrs. Davies asked where they fit into the zoning and ordinances.  

Mr. Davies said he has talked with Mr. Talbert of TriCore and there seems to be a lot of waffling and creating ambiguity.  The traffic is using Malibou as a corridor which makes it an arterial street.  Mr. Davies said there needs to be clarity in the wording so it can be implemented properly.  

Jim Talbert said he understands their frustration.  Mr. Talbert explained that Malibou is currently classified as a minor arterial and is used for a thoroughfare.  This needs to be addressed in the streets and highways master plan which is in draft form.  This would require the County to designate Malibou or any other street as a non-thoroughfare road.  Jim Talbert explained that as a minor arterial, it would still allow trucks to go on it unless the County put forth a plan.  

Ms. Glidden asked if this is something that should be done through Regional Planning and is Mr. Talbert suggesting they do that.  Mr. Talbert said the County is not ready to address that portion of the plan yet.  The transportation plan is being addressed through the County.  

Paula Glidden suggested speed bumps might help and Mr. Talbert said this would have to be addressed by the County and they need to step forward.

Paula Glidden said the Town does not have a good answer but would suggest the people pursue this with the County and address it with the RPC to see if they can make a recommendation to the County Commissioners.


Paula Glidden adjourned the meeting.

Respectfully submitted,

Charlotte LeVar, Clerk

Special Town Board Meeting - Zoning
May 18, 2004

cc:    Town Clerk                    
Nye County Treasurer            
Town Board                    
Nye County Planning
Nye County Commissioners            
Nye County Clerk    
Cristina Hinds                    
Dan McArthur        




There is no backup posted for this meeting.