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Discussion, Deliberation, and Possible Decision to Affirm

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Discussion, Deliberation, and Possible Decision to Affirm NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT Meeting Date: July 19, 2011 AGENDA ITEMS Appeal of Pahrump Re2ional Planning Commission Decision: AP-11-0001: Discussion, deliberation, and possible decision to affirm, modify, or reverse the Pahrump Regional Planning Commission’s decision to approve Conditional Use Permit Application CU- 11-0006 allowing Red Apple Fireworks Company to conduct the retail sale of fireworks located at 3610 S. Nevada Highway 160, Pahrump, Nevada, further described as Block 2, Lot 4 of Calvada Valley Unit 1, Assessor Parcel Number 42-451-13. Vegas of Pahrump, Inc. — Appellant. GENERAL INFORMATION SUMMARY The Pahrump Regional Planning Commission (RPC) held its hearing on Conditional Use Permit application CU-11-0006 on April 26, 2011. The RPC, after conducting a public hearing, voted to approve the Conditional Use Permit along with an associated Waiver application, subject to standard and special conditions of approval (see attached RPC staff report). An appeal was filed by B.J. Alan Company (Phantom Fireworks) on May 23, 2011 regarding the issuance of the Conditional Use Permit granted to Red Apple Fireworks. The appeal filed by B.J. Alan Company was within the 30 day time frame required by Nye County Code. The BOCC may affirm, modify, or reverse the Pabrump Regional Planning Commission’s decision to approve Conditional Use Permit Application. RPC MINUTES RPC Minutes (from the April 26, 2011 RPC meeting): Commissioner Kimball stated that he had wanted to start with comments from the Sheriff about fireworks requirements. Commissioner Kimball stated he would like information from Mr. Steve Osborne. Commissioner Kimball asked for specifics on the issue. Mr. Osborne referred to the specifics of the staff report. Commissioner Kimball asked if we were to approve the CUP what would that mean for the general citizens. If you are a citizen of Nye County then you would not be able to buy the fireworks here in Nye County. Mr. Osborne stated that the person that purchased the fireworks would be able to use those fireworks outside of Nye County. There has been a private place in AmargosaiT to set the fireworks off but you must leave the county within 24 hours. Commissioner Koenig stated that there are limitations on retail sales. Retail sales are restricted from June 25, 2011 and July 4, 2011 per the code. Commissioner Kimball asked about the 1500 foot distance and the fact that is required in the CUP and Waiver permit. Commissioner Kimball stated that is a safety mechanism of some type and we are sure. Douglas Berda spoke as the applicant. He stated he was very appreciative of the fact that the RPC has come together for this special meeting. His family has been in the fireworks business for over 30 years. It becomes an event with concessions and such that he would like to think that he could do something like a shooter site because it would bring money into the town. He feels that it could be a positive impact to the community in the long term. Mr. Berda requested a review of the time period limitations. Commissioner Koenig stated he agreed with his assessment of the provision. Mr. Berda stated that there is definitely some confusion in the code. He also stated that he has spoken to neighbors in the area that he spoke to was in full support of the business that he is proposing. Commissioner Opatik asked what his hours of operation were and Mr. Berda stated that he would be looking at 9am to 9pm. Mr. Brent Steed from Pahrump Building and Safety stated the fire code that only within. 100 feet not 1500 feet. Commissioner Parker stated she did not want to limit the businesses hours because there are businesses in the area that operate 24 hours a day. Commissioner Opatik stated that the codes are the codes so we have to deal with the codes we have been dealt. She stated that this is a mixed use master plan and zoning. The get to general commercial and we have to have a CUP to get to general commercial and then from there we have to get another CUP to deal with the current zoning. Area 51 had a fire in 2010 and the question was how big the safety perimeter was. Chief Scott Lewis stated that the perimeter was within a good vicinity of a fire hydrant and that it was not hard to contain. Commissioner Opatik asked if there was a fire event in the proposed building would there be a risk to the residents in the area. Chief Lewis stated that the difference is that this proposed building is in a sprinklered facility. Commissioner Kimball stated that from what he understands from Mr. Osborne and from what Commissioner Opatik is saying are two different things. Mr. Osborne stated that the way we have the item proposed today, this is the way the action should be taken. Commissioner Opatik stated she just doesn’t understand how we are getting from mixed use to a general commercial CUP. 2 ________________ Mr. Osborne stated that if the business meets the general use and condition of the district then it is allowed in that area. It fits in the neighborhood commercial business but Mr. Osborne agreed that it would fit in this use. Mr. Berda stated that the business will adhere to the 2006 fire code which none of the other fireworks stores are at this point. Public comment opened at 2:35 Tim McCoy stated that he has been in the fireworks business for over 30 years. He stated that there are afready six permits being used in this county so how could we even be here today because all of them are active right now. He asked that the NFPA is the one that 1500 foot residence regulation. Lori Orman from Phantom Fireworks wanted to follow up on the six permits that are already being used in the County. Casey Steinhart stated that it would be a hardship if there has to be a waiver and he doesn’t have one. Public comment closed at 2:41 pm. Mr. Berda stated that this is obviously the wrong forum for this argument. Yes he understands that the public policy should be to put all the permits into use and not to create a monopoly. He stated that the fire code is the 100 foot radius. He stated that he has taken all of the proper precautions and paperwork. Mr. Berda stated he had read all of the standard and special conditions and Mr. Osborne stated he stands behind them. Mr. Schinhofen asked of Mr. Osborne has final action on this item. Commissioner Kimball stated that it would go before the BOCC after this as Waivers and Conditional Use Permits are finalized before the BOCC. Commissioner Hand stated that the vote to approve is that it is the RPC’s duty to do this based on the fact there is no opposition on the item. Commissioner Opatik made a motion to approve. Commissioner Parker seconde’L Roll Call Vote: Parker, yes; Opatik, yes; Kimball, yes; Minnick, yes; Hand, yes; Koenig, yes. Motion Passes 6-0. RECOMMENDATION Recommended BOCC Motion: “I motion to [options include: 1.) affirm, 2.) modify, or 3.) reverse] the Pabrump Regional Planning Commission’s decision on Conditional Use Permit Application CU- 11-0006.” 3 B.J. ALAN COMPANY Distributors of Phantom® and Wolf Pack® Brand Fireworks Corporate Office: 555 Martin Luther King, Jr. BiviL Phone: 330-746-1064 Youngstown, Ohio 44502-1102 Fax:330-746-4410 Laurie Orman Web Site: wwwfireworks.com E-Mail: Paump)fweworkcom May 23, 2011 NYE COUNTY BOARD OF COMMISSIONERS 2100 East Walt Williams Drive Suite 100 Pahrump, Nevada 89406 Re: Planning Commission Conditional Use Approval Red Apple Fireworks, Inc. Dear sirs: Kindly accept this communication as a formal appeal submitted by Vegas of Pahrump, Inc.., a Nevada corporate resident of Nye County, Nevada, in accordance with Nye County Code §16.36.080(B) to the decision by the Nye County Planning Commission approving the above— noted Conditional Use Application. The decision by the Planning Commission was made on Tuesday, April 26, 2011, therefore the filing of this appeal is timely within the purview of the Nye County Code. The Appellant hereby notes the following issues on which it is submitted that the Nye County Planning Commission erred in making its decision and approving the application for the Conditional Use Permit. Based on such errors, the Appellant respectfully requests that the Nye County Board of Commissioners reverse the decision of the Planning Commission and deny the Conditional Use Permit. The specific errors that this Appellant believes justify reversal of the Planning Commission’s decision in this matter are as follows: 1. The Planning Commission erred in granting the Conditional Use Permit with total disregard of the provision of Nye County Code §17.04.700(A) (18) requiring a separation of 1,500 feet between a fireworks sales facility and any residence. 2. The Planning Commission erred in granting a waiver or exemption from the strict interpretation of the Nye County Code without making a finding pursuant to Nye County Code §17.04.915(E) (1) and §17.04.915 (H) (1) that there were special circumstances or conditions applying to the property which would make compliance with the waived provision of the Nye County Code difficult and cause a hardship to and abridgement of a property right of the owner of said property. B.J. ALAN COMPANY Youngstown, Ohio 44502—1102 NYE COUNTY BOARD OF COMMISSIONERS Page 2 May 23, 2011 3.
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