October 9, 2013

Commissioner McCall

motions to approve the minutes from the September 11, 2013 meeting.

Commissioner Hafen

seconds. Marla Zlotek mentions that the minutes in the backup have March 13, 2013 as the date. Celeste Sandoval states the corrections were called in and date was adjusted this morning.

Commissioner Koenig

states he is pulling Item #13.

Commissioner Hafen

stated he will address that in Item #15.

Commissioner Hafen

states he will be abstaining from item #9, and will be leaving the room. Waiver (WV) Application (Continued from the July 24, 2013 and September 11, 2013 Pahrump Regional Planning Commission):

Commissioner Earl

states the building code requires for a 5 ft over build, here is a fence right there.

Ms. Lee

stated that is correct and they have to handle that with the Building Department.

Commissioner Goode

states he has heard the HOA has not responded, and suggests a registered letter sent to the HOA to make sure they are aware of what they are doing.

Ms. Lee

stated she has provided in the back up a letter from the Community Management group. The group was asking for more detailed plans, the application has been denied through the HOA allowing them to resubmit after the RPC process.

Commissioner Koenig

refers to the applicant. Dean & Joy Shank, applicants, the management group have received by certified mail a complete set of plans and they haven’t heard any response from them, on the 18th of September. A full set of design drawings were included in the package. Mr. Shank has spoke to the original soils engineer on the 5 ft issue, Michael Sullivan and he suggested pouring the building footing all the way to the block wall footing.

Commissioner McCall

asks the applicants if they have read and understood the special conditions of approval.

Commissioner Koenig

asks if they have formally denied it.

Mr. Moy

stated yes, the only thing they haven’t done is send out the formal letter yet. Barb Jorgensen, currently the Artesia board secretary, they haven’t heard anything back from the neighbors about the particular building. The lot next door is vacant and she is unsure if they have been notified.

Mr. Koenig

stated he had received a letter back from one neighbor.

Commissioner McCall

motions to approve WV-13-0003 based upon staff findings and subject to the special conditions of approval, seconded by Commissioner Dolan. There was staff discussion on the additional special condition. Ms. Lee stated that it is already listed as condition #1.

Commissioner Hafen

asks Mr. Osborne to review his findings #1 for WV-13-0004.

Mr. Osborne

stated they already have their engineered plans done and staff thought there was a justified circumstance to grant the waiver, based on the fact that there were two (2) other tentative maps that were approved, but had expired.

Commissioner Hafen

asks if the tentative map that is presented tonight is the same as the 2004 and 2008 maps?

Mr. Osborne

stated the 2004 map had lot sizes as small as 6,072 the smallest now is 6,571. They are very similar. The 2008 map is the same as far as lot sizes and number of lots.

Commissioner Koenig

stated the 2008 TM had one entrance and this one has two.

Mr. Osborne

stated yes, they did adjust some of the lots; they still have 74 lots but two entrances now.

Commissioner King

asks if all the Public Works concerns will be addressed in the final map process.

Commissioner Koenig

refers to the applicant. Page 4 of 9 Dave Richards, Civilwise Services, representing the applicant stated the map they are presenting is the same as the 2008 map that was approved. They are just asking for approval of this map, they don’t want to change it because they have had all the fees and reviews done and they don’t want to go through the process again. They do agree to all the special conditions of approval, but would like to stay with the site improvement plans and layouts as shown.

Commissioner Hafen

stated if Mr. Richards could explain the fees that were paid.

Mr. Richards

stated there were review fees by Public Works, Planning, EPA, DWR and any of the reviews that they went through there were fees paid.

Commissioner Koenig

asks Public Works for comments of fees.

Mr. Dahl

stated he doesn’t expect them to resubmit new engineered drawings, they just expect the applicant to update the geotechnical report, the traffic impact analysis, the drainage study to include any codes, State, Federal or local to bring the development up to standards.

Mr. Richards

stated there were also improvements plans for Simkins Road that were part of the design package, the engineering plans at Public Works show that. Desert Utilities has allocated water and was approved and a will serve letter has already be produced.

Commissioner Carbone

stated we don’t have the water in the aquifer that they need, and we are over allocated for water rights.

Commissioner Hafen

states we have the will serve letter for 37 lots, based on the 23 acre feet dedicated for the project, this proposed project is for 74 lots. Are there additional water rights that the property owner has that will be dedicated for this?

Mr. Richards

stated the will serve you see is for the original Phase I final map, which was 37 lots. That is when the commitment was made and has to go with the final map. Final map was for 37 lots for Phase I, but that doesn’t mean he doesn’t have water rights allocated for the final subdivision. He has more than enough water rights for this.

Commissioner Hafen

asks if they are aware the new dedication rate is no longer .616?

Mr. Richards

states he is not aware what the rate is for Desert Utilities, but would like to get to the final map stage first for the Phase I final map.

Mr. Earl

is concerned about the drainage for the area. Will it all drain back out on to Simkins?

Mr. Dahl

stated the grading plans he has seen from the approved set does drain a majority of that on to Simkins coming back to the county ROW, with mitigation fees paid by the development for that.

Commissioner Koenig

asks the DA’s office if we can take the TM and the WV as separate votes and if they would have to take them in order. Meeting goes into recess at 7:09 pm. Meeting reconvenes at 7:15 pm.

Ms. Zlotek

stated you can take A and B out of order, you can make your motion and address the agenda items as stated or motion to amend the item or change the motion and put whatever conditions you want on it.

Commissioner Hafen

motions to deny WV-13-0004 based upon findings #1 there is no sufficient hardship and finding #2 the circumstances and conditions do apply to other properties in the land use district. Seconded by Commissioner McCall.

Commissioner Hafen

motioned to approve TM-13-0001 based upon staff findings and subject to a new condition that the lots be reconfigured to meet the 8,000 sq ft minimum lot size requirement. Seconded by Commissioner McCall.

Commissioner McCall

asks if he has read and understood the proposed conditions of approval.

Commissioner King

asks Ms. Zlotek if the previous CUP for Mr. Jones previous location do we have a procedure to pull or revoke that CUP and can we do it at this meeting.

Ms. Zlotek

stated they do have a procedure to revoke a CUP permit, and you will have to properly notice the revocation for another meeting.

Commissioner Earl

motioned to approve CU-13-0014 based on findings as show in the staff report and adding condition number 5. Seconded by Commissioner Hafen

Commissioner Carbone

asks how the process proposed compares to processes elsewhere.

Mr. Lewis

stated it should be a good program for Pahrump but has no comparison with California.

Commissioner Dolan

motions to recommend to the BOCC the proposed text amendment to Title 17 section 17.04.950, Site Development Plan Review and Approval Procedures. Commissioner Earl seconds.

Ms. Zlotek

stated under 17.04.950 sub D requires that the Commissioners verify that the determinations Beth provided to you have been made and accepted as Beth outlined.

Commissioner Koenig

asks for the motion to be retracted.

Commissioner Earl

retracts his second.

Commissioner Dolan

amends his motion to add based on staff recommendations.

Ms. Zlotek

stated the staff recommendations that made the determinations in pursuant to NCC 17.04.890 sub D a thru d. Seconded by Commissioner Earl.

Ms. Beeman

stated the state plan is enforced in Reno and Las Vegas Valley, we haven’t been accepted at this time. Discussion Item regarding the status of the Pahrump Master Plan Update:

Commissioner Koenig

stated it won’t be done by June if you get it to the RPC by June, there will be changes made to the document.

Ms. Beeman

stated she was instructed to simplify the document and make it more flexible. It is a work in progress but a good document now.

Mr. Lewis

suggests we come back with a timeline schedule when we realistically can put it before the RPC for recommendation. Future Meetings/Workshops: