September 11, 2013

Commissioner McCall

stated her changes to item #9.

Commissioner McCall

motions to approve the minutes of August 14, 2013. Commissioner Hafen seconds the motion.

Commissioner Carbone

stated they had a meeting regarding the RPC borders and they have one more meeting scheduled and he will schedule a date to finalize the plan. b. Pahrump Town Board Liaison Report - PTB Liaison Bill Dolan None c. Capital Improvements Plan Advisory Committee - John Koenig

Commissioner Koenig

stated there is nothing to report. d. PRPD Master Plan Update Steering Committee - Gregory T. Hafen II

Commissioner Hafen

states the last meeting was cancelled and he has nothing to report.

Commissioner Hafen

stated he is abstaining from voting on Item #9. Waiver (WV) Application (Continued from the July 24, 2013 Pahrump Regional Planning Commission): Page 2 of 13

Commissioner King

asks if this needs to be renoticed due to the applicant asking for the waiver of building separation.

Ms. Lee

stated yes, unless the DA’s office suggests otherwise. Tim Sutton, stated yes.

Commissioner Koenig

asks if the 10’ separation is a fire code issue.

Ms. Lee

stated NCC has a 10’ building separation requirement for residential buildings.

Commissioner Koenig

asks the applicant if they would want to continue the application. The Shanks acknowledged they would.

Commissioner King

motions to continue the application WV-13-0003 on October 9th to hear both waiver applications. Commissioner McCall seconds.

Commissioner Koenig

refers to staff. Steve Osborne reviews the staff report and recommends approval. Jerald Kendrick, representing the applicants who are out of town.

Commissioner Earl

motions to approve ZC-13-0001 based on findings shown. Commissioner McCall seconds. Page 3 of 13 Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bob King, Bruce Earl, Gregory Hafen II, Jennifer McCall, John Koenig, Joseph Goode. Absent: Bill Dolan. Conditional Use Permit (CUP) Application(s):

Commissioner Koenig

refers to staff.

Ms. Lee

reviews staff report and recommends approval subject to conditions of approval.

Commissioner McCall

refers questions to Scott Shoemaker.

Commissioner McCall

asks if chimpanzees smell disturbs horses. Scott Shoemaker stated not any more than the smell of tiger or lion would.

Commissioner Carbone

asks if the limit of 5 years can be lowered so they have to come back more frequently to have the CUP renewed and how are we going to know the conditions have been met within the CUP. Will there be an evaluation done and what is the process.

Ms. Lee

stated yes the time limit can be lowered. Before the applicant can occupy the property he needs to go through Nye County Animal Control for inspections. We can add a condition on to the requirements requiring the applicant to report back to us at 6 months, 12 months or more frequently.

Mr. Sutton

stated this board has the authority to add whatever conditions need to be added for reporting back on the CUP.

Commissioner Koenig

asks how this will contaminate the water source as stated in the staff report.

Ms. Lee

stated that was taken from the Community Source Water Protection Plan, it is a potential contamination of nitrates from the septic tank.

Mr. Sutton

states for a CUP to be granted all 8 conditions have to be met, not less than that. The staff report shows condition #4 hasn’t been fully supported. You will have to get more information from the applicant to justify approval of the condition. Andrew Sawyer, applicant.

Commissioner Hafen

asks the applicant to explain how condition #4 would be an improvement to the immediate vicinity and to the community as a whole.

Mr. Sawyer

stated the way they live they will always improve the property, adding block wall fencing but he doesn’t know how adding the cages can add value to the facility.

Commissioner King

asks if there will be any other structures built on the property for the animals. Page 4 of 13

Mr. Sawyer

stated there is a 5,000 sq ft barn existing that will be there interior housing and there will be an outdoor enclosure also.

Commissioner King

asks if there will be a fenced in enclosure outside.

Mr. Sawyer

stated yes, with a fenced in roof that animal control is requesting.

Commissioner King

stated the fencing can be considered an improvement of the property.

Commissioner Koenig

asks if there will be trees added to the property.

Mr. Sawyer

stated yes, fruit trees so the animals have fresh fruit. He has moved three times already and this will be a costly investment for him and he doesn’t want a time limit reduction.

Commissioner King

stated the time limit allows the community to reevaluate what you have done at the location and if you had followed all the conditions set forth.

Commissioner Koenig

refers to the applicant. Page 5 of 13

Mr. Sawyer

stated he was associated with Mike Casey and when the chimps got loose in Vegas they didn’t hurt anyone. He is no longer associated with Mr. Casey. Caging will be regulated by animal control and there has never been a case where chimps have attacked their owners. The cages will be very spacious and have lots of toys for the chimps.

Commissioner Koenig

asks if he has read and agree with all the conditions.

Commissioner Hafen

stated he would like to add to the conditions from filing an extension from 5 years to something less and asks Mr. Sawyer if he is amenable to filing an extension in 3 years.

Mr. Sawyer

asked if he would have to go through this process again.

Commissioner Hafen

stated you would file an extension and it would be a public meeting again.

Commissioner Hafen

asks Mr. Sawyer if he is amenable to adding a 6 month, 1 year and 3 year required status report that the conditions of approval have been met. (condition #13 to Planning Director)

Commissioner Hafen

asks if he is amenable to adding a condition that the chimps shall not get out, and if they do the CUP will be revoked. (#14)

Commissioner Hafen

asks if a condition of a block wall on the North side of the property and adding additional landscaping on property is added. (#15)

Commissioner Carbone

asks Mr. Sawyer if he is going to purchase this10 acre parcel.

Commissioner Koenig

stated we have to find that finding #4 is a substantial improvement to the property and to prove finding #3 isn’t hazardous to existing or future neighboring uses.

Mr. Sutton

stated that is correct, and we run into the same thing with finding #6.

Commissioner Carbone

asks Commissioner Hafen how we will get the evaluation of what has been done on these conditions.

Commissioner Hafen

stated that is why he suggests that at the 6 month, 1 year and 3 year intervals provide a status report stating all conditions of approval have been met.

Commissioner King

asks who the status report will go to.

Commissioner Hafen

stated the Planning Director. Robert Lewis asks if that will be an added condition #13, not amending condition #11.

Commissioner Koenig

stated that would be separate from #11 and be condition #13 bringing the status report to you, condition #14 would be no escapes. Page 6 of 13

Commissioner Hafen

stated and condition #15 would be the block wall and landscaping.

Commissioner Carbone

asks if the applicants have to come to the Planning Department to put up the block wall.

Commissioner King

motions to approve CU-13-0012 based on staff findings to include the three additional conditions of approval as discussed. Item #11 expiration or renewal date changes from 5 years to 3 years. The improvement will be in the physical improvements that the applicant will make to the property with landscaping, block wall and the animal enclosure.

Commissioner Koenig

stated findings for #3 are wrong, they don’t justify an approval. Findings on #4 you have just found it is an improvement, the finding on #6 and #7 don’t justify approval. Susan Ryhal, Nye County Animal Control, stated they will require with no deviation full enclosure, the interior, sides and top. Any exterior enclosure will be required to be the same and he will be required to have a perimeter fence around the primary enclosure that will also be covered on the top, there will be no open air area. He will be required bring the vehicle that he wants to transport the animal into the full enclosure to reduce the risk of escape.

Commissioner Koenig

stated based on animal controls comments condition #6 is a non issue.

Mr. Sutton

stated the key word for finding #6 is “excessive” additional requirements and it seems like you are making a finding that it wouldn’t be an excessive additional requirements.

Commissioner King

stated for finding #7 he can’t prove that chimpanzee noise could be disturbing.

Mr. Sawyer

stated they aren’t loud, except when you are coming home or when you are going to feed them. They aren’t that loud of an animal.

Commissioner Koenig

asks Commissioner King to add a condition that limits to 2 chimpanzees.

Commissioner King

adds Condition #16 that limits a maximum of 2 Chimpanzees.

Mr. Sutton

stated it was brought to his attention that there was not enough opportunity given to the board to make an affirmative motion for denial.

Commissioner Koenig

reopens Item #11 CU-13-0012. Hearing no comments, the original decision stands.

Mr. Sutton

asks to reopen item #11.

Commissioner Koenig

reopens item #11. Page 7 of 13

Mr. Sutton

states per Nye County Code 17.04.920F there are three options that Planning Commission shall take on approval of a CUP; approval of a CUP as submitted, approval with conditions or denial of the application.

Commissioner Koenig

asks for motion.

Commissioner Hafen

motions to deny CU-13-0012 based on discussion by the board that the proposed conditional use will be hazardous or disturbing to the surrounding neighborhood uses, that there would not be a substantial improvement to the property in the immediate vicinity and to the community as a whole and that condition #7 the noise could be disturbing to the residents in the vicinity. Commissioner McCall seconds.

Commissioner Koenig

refers to staff.

Mr. Osborne

reviews staff report. Pamela Barnett, applicant, stated she withdraws application and requests a refund.

Commissioner Earl

motions to accept withdrawal without prejudice. Commissioner McCall seconds.

Mr. Osborne

reviews the staff report. There appears to be evidence that the applicant has violated at least two conditions of approval, conditions #3 and #8. Staff is recommending the CUP be revoked.

Commissioner Koenig

refers to the applicant. Donald Fratt, applicant states he hasn’t refused Animal Control to access the building since they have had the CUP. They did have 26 animals and they have gotten rid of some and are under 20 Page 8 of 13 animals. They aren’t breeding the dogs and he will continue to work with animal control as much as possible.

Commissioner King

states as part of the Conditions of approval as an Animal Sanctuary, you are required to be owned or operated by a licensed Profit or Non-Profit organization. Have you done so?

Mr. Fratt

stated he didn’t know anything about that.

Commissioner King

stated it was read to him before we approve the CUP.

Commissioner Koenig

stated the Assistant District Attorney also brought up the condition. And that Mr. Fratt brought up the fact they weren’t breeding.

Mr. Fratt

stated they have a webpage.

Commissioner Koenig

read from the report that his wife stated to ACO that his wife is breeding and trying to create a new breed of cat.

Mr. Fratt

stated she is working with a lady in Utah, and trying to ship out dogs there.

Commissioner Koenig

refers to the applicant.

Mr. Fratt

stated this was prior to the issuance of the CUP. They have never refused access to Animal Control after the issuance of the CUP.

Commissioner Carbone

asked if we are convinced that he has met or is going to meet the requirement for a Profit or Non-Profit organization. It needs to be considered as part of the motion.

Commissioner Hafen

motions to revoke CU-13-0010 based upon the finding that a minimum of one of the conditions associated with CU-13-0010, specifically the admittance of denying access to animal control. Seconded by Commissioner McCall.

Commissioner Koenig

refers to staff.

Ms. Lee

reviews staff report and recommends approval based on conditions of approval.

Commissioner Hafen

asks Ms. Lee about standard condition of approval #17. It states “Water rights transfer is not required, as there are no new parcels created that are under five (5) acres gross in area”. Is that how the current Nye County code is?

Ms. Lee

stated that is correct, 16.28 currently states any new parcels created less than 5 acres are not required to transfer water rights.

Commissioner Hafen

stated so the new parcel being created is not dedicating any additional water rights but will have the right to a domestic well.

Ms. Lee

stated that is correct. Dave Richards, Civilwise Services, representing the applicant stated the current residents have the well and are using the water. Residential water rights are not an appropriation there is no requirement for permit for residential uses. Now there is a potential to adding another well to the 78 acres but it doesn’t approach the issues with water rights and water usage by observation and the size of the property. It is allowed by law so we still would like to get that approved based on an existing residence that is there.

Commissioner Hafen

motions to approve PM-13-0002 based upon findings and subject to the conditions listed on page three, and striking condition #17 and adding special condition #25 that water rights will need to be transferred in the amount of 2 acre feet. Commissioner McCall seconded.

Mr. Richards

stated by this motion they are changing Nye County Code for this parcel and any other parcel that comes along that is allowed this process. So he suggests that something needs to be bought forth to change Nye County Code and not enacted as a special condition.

Mr. Lewis

stated the applicant or representative can choose to accept the amended conditions or not for this particular application.

Mr. Sutton

stated adding this condition is in conflict of the Code and requests a recess to review. Meeting went into recess 7:53 pm. Meeting reconvened at 7:57 pm.

Mr. Sutton

stated he didn’t see anything in 16.28.170 that would allow the board to impose conditions that would be in opposition to the existing Nye County Code. If there are changes that need to be made to the code a recommendation needs to go to the board to change the code.

Commissioner Hafen

asks for clarification, they shouldn’t be adding any of the 25 conditions of approval.

Mr. Sutton

stated if any of them are contrary to the code then they should be removed.

Commissioner Koenig

asks for a withdrawal of the previous motion.

Commissioner McCall

withdraws her second, Commissioner Hafen withdraws his motion. Page 10 of 13

Commissioner King

motions to approve PM-13-0002 based on the findings. Seconded by

Mr. Osborne

reviews report on amendment.

Mr. Sutton

states under the Special Conditions definition you are limiting yourself just the animals that are listed and not any other animals that you want to fall into the definition. If you cut off “including and not limited to” you will have to go with just the animals or geneses listed.

Mr. Shoemaker

stated by including “including and not limited to” what would you be limiting it to it then becomes vague and ambiguous. You can add any animals that you want to this list. Marla Zoltek recommended with Title 6 to remove the statement. These are the animals that Animal Control is permitting and inspecting, any others they are not.

Mr. Sutton

stated the whole purpose of this section is to identify certain types of animals and if the original description is not fitting but if you are taking out all of that you are limiting yourself to those animals, and you can add others in the future if you choose to.

Commissioner King

motions to recommend to the Board of County Commissioners to adopt the text amendment to Title 17. Commissioner McCall seconds.

Mr. Osborne

reviews report. Page 11 of 13

Commissioner Hafen

asks staff if this is for CUPs that are already in effect or from this point forward.

Commissioner Koenig

stated it would be from this point forward, this will also help alleviate the burden of staff having to follow up. We will make the applicant responsible for proving they are following the conditions.

Mr. Lewis

stated previously in Merced County every CUP had a 30 day review process. The applicant would pay a fee, and before the CUP would be enacted, staff would go out and verify whether or not the conditions were being met within a 12 month period. This is just another opportunity to make sure the applicant is in compliance with the CUP.

Commissioner Hafen

asked Mr. Osborne what the process is for tracking CUPs. Is there a calendar reminder that reminds you to check up on the CUP and what is the process?

Mr. Osborne

stated yes that is how it is done, if there is a three year limit then there is a reminder in three years. If they had requirements to do with in their three years then we would send out a reminder within the 30 days before expiration and let them know they need to comply and file for an extension.

Commissioner King

motions to recommend to the BOCC to adopt the proposed text amendment to Title 17.04, including item W. Seconded by Commissioner Earl.

Mr. Shoemaker

states for the animals, the applicants have to be permitted with Animal Control so there is one check you can use, depending on what the CUP is for a time limit of 6 months might not work for everyone.

Commissioner Koenig

stated they just would like a status check in 6 months.

Commissioner Hafen

would like staff to bring a suggested time frame for each CUP for a status check.

Mr. Lewis

would like to continue to next meeting. Future Meetings/Workshops: