May 15, 2013

Commissioner King

made a correction to page six. b. April 17, 2013

Commissioner King

motions to approve both, Commissioner Hafen seconds.

Commissioner Goode

stated he is abstaining from item #9 Master Plan Amendment (MP), Zone Change (ZC), and Conditional Use Permit (CUP) Applications (Continued from the January 16, 2013, February 13, 2013 and March 13, 2013 RPC Meetings): 9. a. MP-12-0009: (Minor) Master Plan Amendment application to change an approximately 0.9 acre portion of a 4.72 acre parcel from the Low Density Residential land use category to the General Commercial land use category, located at 780 W. Gamebird Road, further known as Palo Verde Ranchos, Lot 4. Michael Barawid – Property Owner. Lys L. Barawid – Applicant. AP# 35-542-04. b. ZC-12-0011: (Non-Conforming) Zone Change application to change an approximately 0.9 acre portion of a 4.72 acre parcel from the Rural Estates (RE-1) Zoning District to the General Commercial (GC) Zoning District for property Master Planned as Low Density Residential, located at 780 W. Gamebird Road, further known as Palo Verde Ranchos, Lot 4. Michael Barawid – Property Owner. Lys L. Barawid – Applicant. AP# 35-542- 04. c. CU-12-0024: Conditional Use Permit application to allow a 3-story Assisted Living Facility and Independent Senior Housing Facility in the Rural Estates (RE-1) Zoning District, per NCC 17.04.225.E, located at 780 W. Gamebird, further known as Palo Verde Ranchos, Lot 4. Michael Barawid – Property Owner. Lys L. Barawid – Applicant. AP# 35-542-04. Beth Lee reviews staff report. Applicant has submitted a request for a continuation to the July 10th meeting, as the property owner is in negotiations for another piece of property.

Commissioner Hafen

asks if they applicant will have to withdraw these applications and apply for a new CUP. Beth Lee stated yes, this application would be withdrawn and the applicant would have to reapply for the alternate location as necessary.

Commissioner Koenig

refers to the applicant. JR Raviz, JGA Architects, representing the applicant.

Commissioner Koenig

stated they are still faced with the safety issues at that site with lack of water, building that is too high for the fire trucks to reach, nothing has really been done with that. He doesn’t know why the applicant hasn’t withdrawn the application. If we turn it down they can’t come back and it they withdraw it they can come back, but that is the applicant’s choice.

Mr. Raviz

, stated the idea of the applicant is to maintain the good faith and have the project here. She wants two months to work out the issues with the new location, close to Desert View Hospital.

Commissioner McCall

motions to deny MP-12-0009, ZC-12-0011, CU-12-0024.

Commissioner King

seconds the motion.

Mr. Watkins

stated for the record we need a reason for denial, one of the eight conditions.

Commissioner McCall

stated the motion to deny was based on Condition #4, at this time public facilities are not adequate to meet the proposed use of this property and there are serious concerns with fire and emergency services in this location.

Commissioner Hafen

stated his vote was based on Conditions #2 and #3. Condition two the use will not be designed, constructed, operated or maintained to be harmonious with surrounding uses, and condition three will be viewed as a potential hazard or disturbing to existing or future uses of the surrounding properties.

Mr. Watkins

asked if based on those clarifications, does the board still concur with their original vote?

Commissioner Koenig

called for a vote of concurrence.

Mr. Osborne

states the Bill has been adopted, with an effective date of May 6, 2013. A conditional use permit can be submitted to expand a grandfathered use of land. All the RPC recommendations were adopted by the Board. Master Plan Amendment (MP), Zone Change (ZC), and related Waiver (WV) Applications (Continued from the March 13, 2013 RPC Meeting): 11. a. MP-12-0010: (Minor) Master Plan Amendment application to change approximately 4.2 acres from the Low Density Residential land use category to the Heavy Industrial land use category, located at 10531 N. Mountain View and 1961 W. Garnet Road, further known as Mountain View Estates Lots 128 and 129. Oscar Gonzalez, Regina Gonzalez, Sergio Gonzalez and Ana Vel Gonzalez – Property Owners. Pahrump Regional Planning Commission – Applicant. AP#’s 28-098-08 and 28-111-01. b. ZC-12-0012: (Non-Conforming) Zone Change application to change approximately 4.2 acres from the Rural Estates (RE-2) Zoning District to the Heavy Industrial (HI) Zoning District, located at 10531 N. Mountain View and 1961 W. Garnet Road, further known as Mountain View Estates Lots 128 and 129. Oscar Gonzalez, Regina Gonzalez, Sergio Gonzalez and Ana Vel Gonzalez – Property Owners. Pahrump Regional Planning Commission – Applicant. AP#’s 28-098-08 and 28-111-01. Page 4 of 16 c. WV-12-0008: Waiver application to waive paving, landscaping, screening/fencing, and all other development standards required by Nye County Code Title 17 (Zoning) for a junk/salvage yard (Two Brothers Junk) located at 10531 N. Mountain View and 1961 W. Garnet Road, further known as Mountain View Estates Lots 128 and 129. Oscar Gonzalez, Regina Gonzalez, Sergio Gonzalez and Ana Vel Gonzalez – Property Owners. Pahrump Regional Planning Commission – Applicant. AP#’s 28-098-08 and 28-111-01. Steve Osborne states based on the adoption of Bill 2013-04, staff is recommending applicant withdraw these applications and let the property owner apply for a Conditional Use Permit to expand their grandfathered use.

Commissioner King

asked staff if they have adequate documentation and facts to grant the extension of the grandfathered use to the additional property?

Mr. Osborne

replied that we have not done the review and analysis of that request. The property owner should apply and then we’ll do our review and present that to the RPC.

Commissioner Hafen

motions to withdraw the applications so the property owner can apply for a CUP. Commissioner Earl seconds.

Commissioner Koenig

asks why you can’t recommend approving the waiver; you have a conceptual plan that meets code. Page 5 of 16

Mr. Osborne

stated the Conditional Use Permit and waiver are interrelated because the conceptual plan submitted shows the convenience store, which does not comply with the code, which is part of the request. What they submitted doesn’t meet the code and there was no special circumstance specific to the property that made it so they couldn’t comply with the code.

Commissioner Hafen

asked what the current setbacks are for an RV park.

Mr. Osborne

stated minimum setback is 25’ from a right of way; adjacent residential property is 50’; 25’ from the side. Gary Hollis, representing the applicant. If we’re going to get economic development, we have to bring something to the table to get RV-ers to come here. This project targets Death Valley and Amargosa Wildlife Refuge. A convenience store is critical. Applicant will put a privacy fence around the property so there won’t be any problems between the RVs and abutting property. Doesn’t see who we would be hurting or jeopardizing by building this project. Presented a site plan for a project in Texas showing same density as what they’re asking for here. Not sure that they would really develop 18 spaces per acre, but want the option to go that high. Darin Pappa, project engineer.

Commissioner Koenig

stated as an avid RV-er, he can speak to the idea that less spaces is better. The more green space per space is more attractive. Gary Hollis states that if you look at other parks in Pahrump, they are at 18 spaces per acre and they’re full all the time. By slanting the spaces, they’ll be able to get more, and they would like that option.

Commissioner Hafen

asked if the fence the owner would install will be a block wall, is that correct?

Mr. Hollis

stated it will either be a block wall or chain link fence privacy fence.

Commissioner Hafen

asked if the owner would be amenable to a condition requiring a block wall fence?

Mr. Hollis

stated if that condition is added, he’ll live with it.

Commissioner Hafen

asked if the waiver is to reduce the setbacks to Neighborhood Commercial setbacks? Or is it a request for zero lot line setbacks?

Mr. Hollis

stated they are thinking of putting the road along the fence and using that as part of the setback. In some places there is a 20’ setback between the fence and the road which is wasted space.

Mr. Pappa

stated if we could maintain a 5’ landscaping strip adjacent to the wall for a buffer, we would also have the road at the perimeter which could act as a buffer for the setbacks.

Commissioner Hafen

verified we’re talking about a 5’ buffer and a 30’ internal road giving you a 35’ setback?

Mr. Pappa

stated correct. That would be to the opposite side of the road where the RV spaces would start. Page 6 of 16

Commissioner Earl

stated the area showing the septic does not appear to be large enough.

Mr. Pappa

stated they haven’t done an in depth study of what would be required for the septic, so they may need to split that; have one septic on each side of the park.

Mr. Hollis

stated whatever we do will have to comply with state law and County code, or we can’t do this.

Commissioner King

states the code specifies minimum 900 square feet for each lot; are you going to be able to maintain that?

Mr. Hollis

replied the sites shown are 900 square feet and the other shows 1,000 square feet.

Commissioner King

asked if the rear setback on the conceptual plan is showing from the back of the RV or the back of the RV space?

Mr. Hollis

stated it was from the back of the RV.

Commissioner King

asked how long are these spaces going to be?

Mr. Pappa

stated the RV will park at 40’ which does not include a driveway area. Total depth of each space would be 68’.

Commissioner King

asks if it will be concrete pad?

Mr. Hollis

stated it would most likely be an asphalt pad.

Commissioner King

stated he is an RV-er as well and some are great and some feel like a sardine can.

Mr. Hollis

stated that is why he looked at the Wulfenstein park. It’s a popular RV park and he wanted to do a similar park. The development needs to pay for itself and to invest this kind of money you need to make it worth the investment. We don’t need to waste the land on landscaping and buffers.

Commissioner King

asked if they have thought about people with pets in eliminating that green space at the back.

Mr. Hollis

stated they have and feel there is enough green space for that.

Commissioner King

stated he’s been to very few parks that don’t have a store of some sort.

Mr. Hollis

stated if you don’t have the supplies, people won’t come there. Not everyone pulls a car, so if they need to leave the park to go to the store, that means they need to unhook everything and take the RV to the store. It’s just a matter of fact that we need that convenience store.

Commissioner Earl

asked about the turning radii on the corners; it could be a challenge to make those corners.

Mr. Pappa

stated the plan is still conceptual but they will review that and make sure the RVs can turn without doing 3 point turns. Page 7 of 16

Commissioner Carbonne

asked if we’ve looked at the water requirements out there? Where the tables are? And the power requirements?

Mr. Hollis

stated there is a well on the property that they will move and convert to a commercial well and the power they need is already available.

Mr. Watkins

reminded the Comissioners that we don’t just grant a waiver because someone doesn’t like it or they don’t want to comply; this board has to make a very specific finding that there is a hardship about the property that won’t allow them to comply. Doesn’t believe he’s heard anything regarding a specific hardship from the applicant.

Commissioner King

asked if permissible to some of the features on the waiver? Or is it an all or nothing?

Commissioner Koenig

clarified they are asking for a waiver for three different things. Can we vote on the three items individually or must they be voted on together?

Mr. Watkins

stated the board could take each waiver item separately.

Commissioner King

motions to approve CU-13-0005, and approve the convenience store of WV-13-0002 and deny the setbacks and density per acre.

Commissioner Koenig

asked for reasons for the denial.

Commissioner King

stated the convenience store could be considered ancillary to the RV park.

Commissioner Koenig

reminded Commissioner King that there had to be a hardship.

Commissioner King

amended his reason stating the requirement is for 10 acres and this property has a little over 5 acres gross, it is a bit of a hardship for them to acquire an additional 5 acres just to put in the convenience store.

Commissioner Koenig

asks for another motion.

Commissioner Hafen

motions to approve CU-13-0005 and take the waivers at a separate time. Commissioner McCall seconds.

Commissioner Koenig

asks for a motion for WV-13-0002

Commissioner King

motions to deny WV-13-0002 in its entirety based on staff recommendation. Seconded by Commissioner McCall

Ms. Miller-Anderson

stated she has a 25 pages contract parents have to sign to attend the daycare. They won’t be dropping off at the curb, they have to be brought in to the facility and signed in. She will be getting any school age children directly from the school. Wants to be home with her children and provide a service for the community.

Commissioner Koenig

reminded the applicant that conditional use permits stay with the land. This is something the Commission has to think about because if you sell your property and the next owner wants to run a daycare, they may not have the same standards that you have, and we could have kids running all over the place. If it stayed with you, your promises are great, so we have to think about that. Page 9 of 16

Ms. Miller-Anderson

stated they don’t plan on going anywhere. She plans to do this for the next 20 to 30 years.

Commissioner McCall

asked the applicant if they have read and understand the proposed conditions of approval; pages 5 and 6 of the staff report. Applicants reviewed the conditions of approval and stated they understood them and will comply.

Commissioner King

asked about the two boats and two trucks are there all the time?

Mr. Anderson

stated one is his and does stay there, the other boat was one he was fixing.

Commissioner King

stated that a previous comment about using Vineyard Drive assumes they will all come up one way and leave one way, but they won’t will they?

Ms. Miller-Anderson

stated that they would have to follow that because it is in the contract that the parents have to sign that they have to follow that traffic direction.

Commissioner Earl

asked if there is some type of penalty you’ll give these people for not following the contract?

Ms. Miller-Anderson

said she’ll give them a verbal warning and then if it continues they will be terminated as clients.

Commissioner Dolan

stated his concerns with the boats and trucks parked in the street as well. He asked about the home owner’s association.

Ms. Miller-Anderson

stated there is no HOA with that community.

Mr. Watkins

reminded the RPC that they do not have jurisdiction over CC&Rs; that is private law.

Mr. Perkins

, opposed to the applications. This is a foot in the door for commercial uses and will lower my property value 40% at least. Al Breitenbach, asked for clarification that they are asking for a variance for a circle drive. That requirement is for a purpose for safety of children and seniors and is against approving the waiver.

Ms. Miller-Anderson

stated that they intend to operate the childcare facility with class and be a beneficial service to the community.

Commissioner Hafen

asked if the CC&Rs on the property supersede any zoning actions of this board and would it prevent someone from filing a lawsuit against the property owner? Page 10 of 16

Mr. Watkins

stated CC&Rs are private law and are separate from what this board does and if a neighbor wanted to file suit again the applicant, they would be within their rights to do so.

Commissioner McCall

motions to deny CU-13-0006 and WV-13-0001 based upon staff findings. Commissioner Earl seconds the motion.

Ms. Lee

stated the applicant has asked for a continuation to the June 12th meeting.

Commissioner Koenig

stated the board will continue with the item including public comment and decide at the end of the hearing to determine if they will continue the item or not.

Ms. Lee

reviewed the staff report. Mr. Casey has occupied the property since December 2012. Based on the public safety concerns of the enclosures and concerns expressed by USDA and Animal Control staff is recommending denial of the application.

Commissioner Hafen

asked if the justification letter, stating there are 27 chimpanzees on the property, is correct.

Ms. Lee

replied that at the subject property location on Our Road, there are only 4 chimpanzees; 3 adults and 1 juvenile. The photos submitted with the letter and application show a facility somewhere else and do not reflect the conditions of the property in Pahrump.

Commissioner Hafen

stated there appear to be two different locations here, is that the case?

Ms. Lee

replied that Mr. Casey still has a license for a property in Las Vegas.

Commissioner King

questioned if Mr. Casey is absent, who is watching the chimpanzees?

Ms. Lee

replied that Mr. Casey is the primary care giver for these chimpanzees, but he has two assistants on the property who have about 7 years of experience. As soon as staff was notified that

Mr. Casey

would be leaving, I contacted Animal Control who immediately went to the property and was able to speak with Mr. Casey before he left, discussing who would be watching the chimps.

Commissioner King

asked if they needed USDA certification to watch/care for these animals?

Ms. Lee

stated she doesn’t know but the Animal Control Officer that was present for the meeting would most likely be able to answer that question.

Commissioner Koenig

reminded everyone that this is a land use decision and has nothing to do with how anyone takes care of their animals or past history. That falls under Animal Control. Debra Wages, lives about 3 lots away from the subject property. The property has had ostriches, horses. She has nothing against animals, but these are animals you cannot trust. She is opposed to this because of the safety of herself and her animals. Anula Wyldrich, realizes this is a land use issue but it’s also a safety issue. There has to be consideration to the fact that these are not inanimate objects. Historically these have not been trustworthy or safe animals. They have attacked people in the past and show aggressive behavior. We need to show compassion and common sense. Mr. Casey operated in Las Vegas for two years without the appropriate licensing. Is opposed to this application. Richard Goldstein, stated it is unlawful to proceed with this item without the applicant here to defend himself.

Mr. Watkins

stated it is not against the law to do what the board is doing here. Zuzana Kukal, not here to defend anyone, simply states she takes offense that you are letting outsiders speak in opposition to application and bad mouth exotic animal owners. They are making broad comments about exotic animal owners, like her, that are not true. Just like there are good and bad dog owners, there are good and bad exotic animal owners. Scott Shoemaker, reminds everyone that Nevada has laws governing exotics, under NRS 244.359 allows Counties to regulate animals, which Nye County does. Mr. Casey was the breeder of the chimp that attacked Charla Nash, not the one who raised or trained that chimpanzee. Carney Ann Chester, PETA attorney. USDA regulations require an appropriately trained individual is on hand at all times to care for an exotic animals. The individuals likely caring for the chimps are his girlfriend who has admitted she has no experience caring for exotic animals, which would be a USDA violation, and another person Mr. Sawyer. Nye County Code requirements state the applicant must show this won’t be a hazard but that it will also be a substantial improvement to your community and neighboring properties. There is no amount of mental gymnastics we can do to meet that criteria.

Mr. Casey

couch surfs from location to location; doesn’t make an investment in the communities in which he lives. It appears this non-appearance is a dilatory tactic and should not be rewarded with more time. This board has made the right decision with respect to Karl Mitchell, and I trust you’ll do the same here. Strongly encouraged the board to deny this application. Craig Dykstra, lives 2 houses down from this use. Wasn’t aware the chimpanzees have been there since December. What are they trained for? Are they pets? Just because they’re vicious animals, doesn’t mean it’s a killer. Questioned enclosures and safety.

Commissioner King

motions to continue CU-13-0007 to the June 12, 2013 meeting. Seconded by

Commissioner Hafen

requested staff provide a copy of these minutes to the applicant. Conditional Use Permit (CUP) Application:

Commissioner Hafen

asked what the hours of operation are.

Ms. Warren

stated they are open from 8:30 – 5:00 with providers that come in from 5:00 – 7:00 and open if there is a crisis situation.

Commissioner McCall

asked if Ms. Warren has read, understands and agrees to the conditions of approval.

Commissioner Dolan

asked if she’s renting the property from the owner that is deceased.

Ms. Warrant

stated the owners are present.

Commissioner Dolan

read through back-up and clarified the decedant is in reference to a letter in opposition from a neighboring property.

Ms. Warren

stated when they first rented the property the owners were concerned that they weren’t going to be there, so in addition to the large insurance policy they have they also installed a security system and never had any problems. The receptionist lives across the street and keeps an eye on the property as well. They haven’t put up a sign so they don’t want it to be obvious that there’s a business there and the house is vacant at night; they get their clients by referral. The schools in the vicinity are helpful because they pick up and drop off the children and never had a complaint from parents. Anyone in the neighborhood is welcome to come talk to them at any time with any concerns they have. We don’t deal with JPO issues, they deal with children that have PTSD, in the foster system, or have behavioral problems at the schools. They have looked into renting office spaces further east on Calvada, and the price of rent makes it prohibitive to relocate there. The close proximity to the schools in this area is to their benefit and they’ve never had any complaints or problems. Their door is always open to any complaints or anyone that wants to discuss concerns. They have talked with the owners about improving the exterior of the building including landscaping. If they are to get approval to stay at this location they will sign a longer term lease and proceed with improving the property.

Commissioner Hafen

asked if the Sheriff’s office has ever been called to come to your facility.

Ms. Warren

stated they have called the Sheriff’s office on a patient that was suicidal.

Commissioner Dolan

asked what the average age is.

Ms. Warren

stated the average age is 12.

Commissioner Carbone

asks if they have looked at other locations for the facility.

Ms. Warren

stated she has but the cost is significant and makes it prohibitive.

Commissioner Dolan

asks if they would be willing to reach out to the community to show them what you do to help ease their concerns.

Ms. Warren

stated she absolutely would. She’s part of this community too and she doesn’t want any of the neighbors to feel uncomfortable.

Commissioner McCall

motions to approve CU-13-0008 based on staff findings, seconded by

Ms. Lee

reviews staff report. There is a map of reversion on file to revert the surrounding properties to acreage and those properties are all owned by the same owners. There are no utilities in place. Amerigas facility is to the north and they do have a secondary access that leads to the portion of road asking to be abandoned. That gate access is on the Pahrump Valley Fire- Rescue pre-plan. They’ve never had to use that access even when there has been a fire at the Page 14 of 16 facility. They prefer having the option, but will respond accordingly to whatever the decision is. Staff is recommending approval.

Commissioner King

asked about the condition requiring the access to the secondary gate. Does Wulfenstein own all the surrounding property? How will they design emergency access? Does the fire department need that access?

Ms. Lee

responded that yes, Wulfenstein is the owner of all the surrounding property. The condition didn’t specify an exact location for the access, because we thought that would be better addressed at the time of development. The fire department prefers to have secondary access whenever possible, but will deal with whatever you vote on tonight and it will not diminish their services.

Commissioner Hafen

asked if the properties surrounding the road are all owned by the same owner and the intent is to revert all these properties to acreage?

Ms. Lee

stated yes, the surrounding properties are all owned by the same property owner and yes, the intent is to revert the property to acreage.

Mr. Watkins

stated this is a hybrid situation under NRS 278.480, the board needs to make a specific finding that approving this application will not materially injure the public by the proposed vacation.

Commissioner Hafen

motions to approve AB-13-0001 based on the findings as shown on page 2 and subject to the conditions of approval, adding condition #10 that the reversionary map must be completed to provide every parcel with legal access and the board has found that the public will not be materially injured by this abandonment. Commissioner McCall seconds.

Commissioner McCall

stated the secretary/clerk duties needs to have the reference to the roll call vote removed if this will move forward.

Commissioner King

motions to approve the revisions as noted by staff and Commissioner McCall. Seconded by Commissioner McCall.