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Nye County Agenda Information Form

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Nye County Agenda Information Form NYE COUNTY AGENDA INFORMATION FORM Action 0 Presentation 0 Presentation & Action Agenda Number Department: Planning Category: Appeal of PRPC Action 11 Contact: Ron Williams Phone: 775-75 1-4033 Continued from meetmg of: I I I Return to: Ron Williams 1 Location: Pahrump Planning Phone: 775-75 1-4033 Action requested: (Include what, with whom, when, where, why, how much ($) and terms) 1:30 PM Public Hearing Item A. Appeal of the Pahrump Regional Planning Commission's decision to disapprove Conditional Use Permit Application No. CU-P-04-0006 for an off-premise sign (billboard) along the westerly right-of-way of Nevada State Route 160 on property planned as general commercial; 420 S. Highway 160, Lot 3, Block 58 of the Calvada Valley Unit II subdivision; AP #38-213-52; William & Susan Lantow - QwnerJApplicant; Case file No. AP-P-04-0006 Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Conduct the Public Hearing and determine whether or not to affirm, modify or reverse the decision of the RPC. Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 10 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. No financial impact Routingi & Annroval (Sign & Date) w 11 \ Q 1. Dept Date 6. Date Cl Approved C1 Disapproved 1 Ll Amended as follows: NYE COUNTY BOARD OF COUNTY CORiIMISSIONERS STAFF REPORT Meeting Date: August 17, 2003 Case File No: AP-P-04-0006 Application Type: Appeal Staff Recommendation: Affirm the Decision to Deny Made by the Pahrump Regional Planning Commission (WC) Prepared By: Ron Williams, Director - -- GENERAL INFORMATION SUMMARY Agenda Item: A. Appeal of the Pahrump Regional Planning Commission's decision to disapprove Conditional Use Permit Application No. CU-P-04-0006 for an off-premise sign (billboard) along the westerly right-of-way of Nevada State Route 160 on property planned as general commercial; 420 S. Highway 160, Lot 3, Block 58 of the Calvada Valley Unit 11 subdivision; AP #38-213-52; William & Susan Lantow - OwneriApplicant; Case file No. AP-P-04-0006 Property Owners: William & Susan Lantow Applicant: Same Agent: None Requested Action: Reverse the WC's decision and approve the CUP WCOMMENDATIONIFINDINGS RECOMMENDATION AND RECOMMENDED MOTION Based upon staff analysis, comments received and action of the RPG, staff recommends that the Board affirm the decision of the RPC on this Appeal. MOTION: I move to affirm the decision of the Pahrump Regional Planning Commission. Should the Board elect to reverse the decision of the RPC, the Conditions of Approval section of the original staff report (attached) to the RPC will apply, and findings must be made. MOTION: I move to reverse the decision of the Pahrump Regional Planning Commission and approve the Conditional Use Permit application making the following findings, subject to the conditions listed on pages 7 and 8 of the backup mater~als(state the reasons, or findings, whereby the decision is being reversed): I 1 APPLICABLE WGULATIONS Nye County Code (NCC) 17.04.16O (Conditional Use Permit Procedures) and NCC 16.36.080.2 (Appeals Related to Variances, Conditional Use Permits, Special Exceptions) I I APPEAL Any person who is aggrieved by a final decision of the Board may appeal that decision to the District Court by filing a petition for judicial review within twenty-five (25)days after the date of filing of notice of the decision with the Clerk of the Board i LIST OF ATTACmNTS PAGE 1: Formal Appeal document dated 6/17/04 PAGE 2: Memorandum - Final Action dated 5/25/04 PAGE 4: Staff Report to the Pahmmp Regional Planning Commission (RPC) dated 5/21/04 PAGE 16: Minutes of the WC's Public Hearing dated 5/21/04 PAGE 22: Original CUP Application PAGE : Materials received after close of agenda or distributed at RPC meeting cc: Applicant Nye County Planning Department 250 N. Hwy 160, Suite 1 Pahrump, NV 89060 775 751-4033 Tel 775 751-4032 Fax Case: CU-P-04-0006 Re: Parcel #38-213-52 To Whom it may concern: Enclosed please find our check #6807 in the amount of $150, the required fee for the appeal to the Board of County Commissioners. We disagree with the decision of May 21,2004 and list the reasons for the appeal below: 1. Consistencv - Billboards are allowed in this area and have been approved in the past in this type of area. 2, Im~rovements- If this billboard was approved the income could support the construction of a building which would contribute adequate utilities. 3. Site Suitability - The site is absolutely suitability for an off premise sign and is suitable and complies with current Nye County ordinances. 4. A~wrovalNot Detrimental - Shepco Outdoor 's Company policy does not allow adult entertainment advertisement. The function of our billboards in the cornmunit). is to promote a positive image of the community and the business within. If you should have any questions please contact me at 702 375-5404. r ? Susan C. Lantow Shepco * 3375 S. Aldebaran Ave. Suite B Las Vegas, NV 89102 (702) 362-0000 Tel * (702) 889-1717 Fax e 1 DEPARTMENT OF PLANNiNQ PREPARED AT: PAHRUMP OFFICE 04-0 102CBIM)Lantow CUP RPC Action TO: William and Susrqn Lantow FROM: ~ssistan&annin~Director SUBJECT: Pahnunp Regional Planning Commission Action Regarding Conditional Use Permit Application CASE NO(s): CU-P-04-0006 DATE: May 25,2004 * The purpose of this memorandum is to advise you that the PhmpRegional Planning Commission (PWC) at its May 2 1,2004 meeting held a public hearing to decide the matter of an off-premise sign along the westerly right-of-way of State Route 160, on property planned as General Commercial, 420 S. Nevada State Hwy 160, Calvada Valley Unit 1 1, Block 58, Lot 3, AP# 38-2 13-52, and disapproved the application subject to the following fmdings: 1. Consistencv. That the request is not consistent with the action programs, policies, standards and maps of the Master Plan Update with regard to community design goals, objectives and policies that have been adopted to improve the community character and quality of life. 2. Imorovements. That the development of off-premise signs does not contribute towards the provision of adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessw public infrastructure. 3. Site Suitability. That the site is not physically suitable for the development of off-premise signs due to the General Commercial location. 4. Approval Not Detrimental. That approval of the Conditional Use Permit may be deemed detrimental in that off-premise signs can create negative impacts to views. That such signs may create and contribute to visual clutter and promote a negative aesthetic impact on the community. The decision of the Planning Commission is considered final action unless appealed. Any applicant or other person aggrieved by a decision of the Planning Commission may appeal to the Board of County Commissioners within thirty (30) days of the decision, The appeal must be in writing and acccrmp required $150.00 fee and clearly specify what part of the decision is being appealed. TONOPAH OFFICE . PO BOX 1531 1114 GLOBEMALLOW LANE . TONOPAH, NEVADA 89049 PHONE: [775) 482-8181 FAX: (775) 482-7302 PAHRUMP OFFICE * 250 NORTH HIGHWAY 160 - #f - PAHRUMP, NEVADA 89060 PHONE: (775) 751-4033 . FAX: 1775) 751-4032 William and Susan Lantow May 25,2004 Page 2 cc: Pahrump Regional Planning Comission Division of Code Compliance Pahrump Building and Safety Nye County Public Works District Attorney's Office Pahrump Town Manager Pahrump Town Board Tonopah Planning File AGENDA ITEM #11 STAFF REPORT Meeting Date: May 21,2004 Prepared By: Ch GENERAL LNFOWnON S-Y Case File #: CU-P-04-0006 Property Owners: William and Susan Lantow Applicant: same Agent: Dave Richards, Civilwise Services Property Location: West of Highway 160, on property situated between Yellowhand Court and Wilson Road, Section 14 T20S, R53E, 420 S. Nevada Hwy 160. * Requested Action: Conditional Use Permit for the placement of an off-premise sign. Property Size: .49 acres approximate Staff Recommendation: Disapproval RECOWENDED MOTIONEWINGS Should the Planning Commission elect to disapprove this application based upon the analysis provided by staff: comments received, and the site inspection, the following motions and required findings are provided for your consideration: Recommended Motion for the Conditional Use Permit: I move to disapprove Conditional Use Permit application CU-P-04-0006. This motion is based on the following findings in accordance with Nye County Code Section 17.04.160: 1. That the request is not consistent with the action programs, policies, standards and maps of the Master Plan Update with regard to community design goals, objectives and policies that have been adopted to improve the community character and quality of life. 2. Improvements. That the development of off-premise signs does not contribute towards the provision of adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary public infrastructure. 3. Site Suitabi1it.i. That the site is not p'nysicaiiy suitable for the development of off-premise signs due to the Town Center location. 4. Approval Not Detrimental. That approval of the Conditional Use Permit may be deemed detrimental in that off-premise signs can create negative impacts to views. That such signs may create and contribute to visual clutter and promote a negative aesthetic impact on the community. Should the Planning Commission elect to approve the Conditional Use Permit application, findings to support that motion will be required.
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