February 13, 2013

Commissioner Hafen

stated he has two changes to the minutes. The first one being item #6, page 3 of 32. It states Commissioner Hafen will abstain from items #8 and #11. It should state that he will not be abstaining from items #8 and #11. The second change is on page #9, third to last paragraph, the second sentence should be a new paragraph. It should say Mr. Raviz stated the costs have been explained to her etcetera.

Commissioner Hafen

motions to approve the minutes from the January 13, 2013 meeting as amended. Commissioner McCall seconded.

Commissioner Borasky

stated the Pahrump Town Board had an agenda item to ratify selection of a Town Board member to the RPC they have continued it to the next Board meeting. They have put out advertising to replace Chairman Hand, the advertising should allow time for the BOCC to select a member for the next RPC meeting. b. Pahrump Town Board Liaison Report - PTB Liaison (Vacant) None. Page 2 of 10 c. Capital Improvements Plan Advisory Committee - John Koenig

Commissioner Koenig

states they met on January 21st, 2013 due procedural problems they were unable to have a meeting, the need to have participants approved by the BOCC. The next meeting is Feb 21st at 2 pm Bob Rudd Community Center. d. PRPD Master Plan Update Steering Committee - Gregory T. Hafen II

Commissioner Hafen

stated the next meeting is Feb 20th, 2013 at 2 pm at BOCC chambers.

Commissioner Goode

stated he will be abstaining from Item #9.

Commissioner McCall

nominates Commissioner Hafen for Vice Chairman.

Commissioner Hafen

motions to nominate and elect new Secretary/Clerk.

Commissioner Hafen

motions to nominate Commissioner McCall as the new Secretary/Clerk. Commissioner King seconds.

Commissioner Koenig

refers to staff.

Mr. Osborne

reviews the staff report. Based upon the information in the back up and the evidence presented by the USDA and the other evidence you have. It appears the Grantee is in violation of three of the conditions of the CUP. Those are conditions #1, #6 and #9.

Commissioner Koenig

refers to the applicant. Karl Mitchell, applicant, reads a statement on record. He states he objects to a lack of a quorum and the subject property is zoned properly per the County Codes. Kayla Mitchell stated the pictures we are showing of the website are not accurate and it has been updated as of the first of the year, it has nothing stating that anyone can touch a tiger or look at a tiger. They can come interview them. They aren’t required to have a USDA license because they aren’t in any regulated activities.

Commissioner McCall

asks the applicant who the judge was they referenced.

Mr. Mitchell

stated in 2009 the USDA alleged the website constituted they were doing some regulated activities and Judge Jenson stated that wasn’t the case.

Commissioner McCall

asks if it is in writing.

Mr. Mitchell

stated he does have it in a transcript and can present it if it needs to be.

Commissioner Koenig

states to Mr. Mitchell that we have a legal quorum, 5 out of 7 is a quorum; this board has the right to issue and take away CUPs.

Mr. Mitchell

stated no one is challenging the board’s right but they are challenging whether you are right in doing something like this.

Commissioner Koenig

refers to the applicant. Page 4 of 10

Mr. Mitchell

stated neighbors are content with the tigers. They have never had any issues brought up in court with the USDA.

Mrs. Mitchell

stated the website we have in the back up is not accurate.

Commissioner Hafen

asks Mr. Mitchell to address the photos that were posted on the Facebook page which shows you exhibiting the animals in a photo shoot.

Mr. Mitchell

stated that is a private photo shoot done on his property, which is allowed, especially if you aren’t doing it for commerce.

Commissioner Hafen

asks if he doesn’t consider this exhibiting of animals.

Mr. Mitchell

stated no, it is not exhibiting of animals. It is exhibiting when you are being paid, or given a promise. The animal was on his property, it wasn’t in public.

Commissioner Hafen

asks staff there were comments made that they weren’t notified. Can you verify that there was proper notice of within the 300 ft requirement?

Mr. Osborne

stated they did send out notices by mail for the CUP, they went out 500 ft of the subject property in order to get the number needed for the thirty parcel minimum.

Commissioner Koenig

asks for a motion.

Commissioner Koenig

asks Mr. Watkins what happens if there is no motion.

Mr. Watkins

states the item fails for lack of motion.

Commissioner Hafen

asks staff for clarification on their recommended motion it is to revoke CU-12-007 based on the findings on one or more violations of Conditions of Approval, based on the USDA letter and the facts and findings in the back up.

Commissioner Hafen

motions to revoke CU-12-007 based upon the findings of one of more violations of the Conditions of Approval based on staff findings. Commissioner McCall seconds.

Commissioner Goode

asks to be excused; he is the Architect on the project.

Commissioner Koenig

refers to staff.

Ms. Lee

refers to staff report, applicant has asked to withdraw their waiver and to continue the application to the March 13, 2013 meeting, and they are looking at two alternate locations.

Commissioner Koenig

asks Mr. Watkins if he can take a motion to continue or if he will have to open public comment.

Mr. Watkins

states no since there won’t be a discussion on the topic they can do a continuance at this point.

Commissioner Hafen

motions to continue to the next meeting at the applicant’s request. Commissioner McCall seconds.

Commissioner Koenig

told him the item was closed and to come back for public comment later or come back to the meeting on the 13th of next month. Zoning Ordinance Text Amendment - Expansion of Grandfathered Uses:

Commissioner Koenig

refers to staff.

Mr. Osborne

stated they have come up with four or five options in order to expand the Grandfathered use. So you could double the size of the use, it is a onetime request. The traffic can’t exceed what currently exists.

Commissioner Koenig

asks Mr. Osborne if the ADTs can’t exceed what it presently is.

Mr. Osborne

stated they can double the amount of traffic. You can’t be within 1,000 ft of an existing residential dwelling.

Commissioner King

stated the properties should be adjacent, contiguous, or directly across the street. They need to be a close proximity to each other. The 1,000 ft exclusion is a bit onerous. If a business has been operating for many years and a residential area has moved around it and they have empty lots they could extend to it will cause a problem. If we do want to add an exclusionary distance it should be that it doesn’t exceed the radius of the two adjoining properties.

Commissioner Koenig

stated it isn’t supposed to make it easy for people. They don’t want it to happen very often. He likes it being contiguous and having the 1,000 ft.

Commissioner Hafen

stated that on A-1 he thinks we should limit the number of acres. He believes the intent is for small business and not for large businesses. He thinks we should add it to state it not to exceed 5 acres. He wouldn’t want to see anyone with a 40 acre parcel double that. He also agrees that the property must be adjacent in order to be contiguous. Also on #3 for discussion purposes he would like to know what everyone else’s thoughts are on doubling the ADT’s. Do we want to limit the numbers of ADT’s or not.

Commissioner Koenig

likes the condition to make it contiguous, also the 5 acres and he thinks doubling the ADT’s is a lot. He thinks they might want change that to 50%.

Commissioner Hafen

asks Public Works if they have any thoughts on the average ADT’s section. Tim Dahl stated that he believes by doubling the amount of ADT’s that a development that hasn’t gone through the Site Development review and approval process to contribute to the infrastructure they are creating might be excessive.

Commissioner Hafen

asks if there is a number that Public Works would be comfortable with.

Mr. Dahl

states maybe a little more lenient outside of town and stringent inside town, where the infrastructure is being used a little more.

Commissioner Hafen

asks if a number like 20 ADT be more appropriate for this, as an example.

Mr. Dahl

stated anything other than 100% would be a benefit and more appropriate. He likes the 50% number as well. Page 7 of 10

Commissioner King

asks if the 100 daily trips is the threshold for a traffic impact study.

Mr. Dahl

stated yes, between 100 and 150 warrants a traffic impact analysis.

Commissioner King

asks how many grandfathered businesses have made that 100 daily trips. He thinks a lot of these grandfathered business are pretty small business. Like the Gun Shop on Thousandaire that is Grandfathered in and probably gets 5 a day. These probably won’t expand into another acre.

Mr. Dahl

states maybe an analysis what the projected or estimated ADT increase in these grandfathered uses might be a little bit to the boards benefit.

Commissioner King

stated he thinks we could leave it at 100% but not to exceed a maximum of 100 daily trips. That keeps them under the threshold where they wouldn’t have to do a traffic impact analysis.

Mr. Dahl

stated that would be a good idea.

Mr. Osborne

stated he thinks that would work the 100% and the 100 average daily trips.

Commissioner Hafen

stated that Commissioner King brought up the Gun Shop and they would most likely be expanding building size not land size. There isn’t anywhere in here where they address that and he isn’t sure whether we want to or not. It could be something we bring up at a later date if we find the need for that.

Commissioner Goode

stated when you do buildings you also have to have parking so it does affect the land.

Commissioner Hafen

motions to make a recommendation to present the additions to Grandfathered Clause with addition of under #1 adding at the end not to exceed 5 acres, adding for #3 not to exceed a total of 100 ADT, adding a #5 the property must be adjacent and contiguous.

Commissioner McCall

stated also adding directly across the street.

Commissioner Hafen

states and across the street and asks if that is adjacent?

Commissioner Koenig

stated it isn’t.

Mr. Osborne

stated on the Two Brother’s Junk case it is two 5 acre parcels and they are separated by a road between the two parcels.

Mr. Dahl

stated it is a 60 ft ROW and 60 ft road and utility easements.

Commissioner Hafen

amends his motion to add for #5 that the property must be adjacent, contiguous or across the street.

Commissioner McCall

seconds the motion. Page 8 of 10

Commissioner Koenig

states there has been a motion and second to recommend to the BOCC the amendment to Nye County Code Chapter 17.

Commissioner Koenig

asks how often they have meetings.

Mr. Shoemaker

stated it depends on how many agenda items they have. They are required to meet once every quarter. They will do them every month if they have lots of items. They meet at the Siri Building for EMS and Animal Control at 6 pm.

Commissioner Koenig

asks for volunteers.

Commissioner King

states he will attend.

Mr. Shoemaker

states there are always a lot of questions on the regulations. In dealing with animals you have to deal with the State, Federal and Local.

Commissioner Koenig

stated if you can make the word commercial go away you will make a lot of people happy.

Mr. Shoemaker

stated just because you have more than 10 dogs doesn’t mean you have commercial activity. We knew this was going to be an issue when it started. Page 9 of 10