January 15, 2014

Ms. Lee

reviews the staff report and staff recommends approval subject to the special conditions of approval. David Jeff’s representing the owners, states they are proposing a 103 unit Holiday Inn Express

Commissioner Hafen

asks Mr. Jeff’s if they have read all the conditions of approval and if they are in agreement.

Mr. Jeff’s

stated yes and they are in agreement.

Commissioner Goode

asks about the sharing parking with another property and how will large vehicles park in the lot if you are only making spaces for cars?

Mr. Jeff’s

stated they haven’t address that specifically, but there is enough room to accommodate large vehicles.

Mr. Osborne

reviews the staff report, and reviews finding #3 and additions to that finding. Staff recommends adoption of the bill based on staff findings.

Commissioner Koenig

refers to Mr. Sutton if there is a caveat in the NRS stating after a period of time individuals cannot grow their own anymore and they must use a dispensary?

Mr. Sutton

stated they have been reviewing that and there isn’t a definitive answer yet, there is a provision in the NRS that makes reference to being grandfathered in if you have been growing your own prior to a dispensary coming in but they will still have to look into that further.

Commissioner McCall

states typically the conditions of approval state they have to comply with federal law, and asks Mr. Sutton if that is what G13 notarized affidavit is in regards to fixing that or are we not putting that in our special conditions for that particular item? Page 3 of 8

Mr. Sutton

states use of marijuana for medical or otherwise is against federal law and that would be to put the people on notice that want to operate a facility that is still remains in violation of Federal law.

Commissioner McCall

asks if they will be removing that from their special conditions of approval for those particular items.

Commissioner Dolan

states he doesn’t understand why we are addressing any of these issues until the State finishes their review and putting their policies into place.

Mr. Osborne

stated these facilities would sell their product to the dispensaries in Las Vegas.

Mr. Sutton

states that the NRS states that individual local governments are allowed to regulate the marijuana establishments on the business license end and on the land use end, he can’t speak for the legislature but he doesn’t believe that will change. The Department of Health is working on regulations on the establishments and there have been some proposed regulations they have looked at. We might have to come back and amend this, but the BOCC has asked for proposals.

Commissioner Dolan

stated if we create these facilities to be tested, cultivated and produced and to say we only sell to dispensaries outside of Nye County is telling us we aren’t cared about. We need to take advantage of the tax base and keep it within Nye County.

Mr. Sutton

stated the state licensing process is contingent upon getting approval from the local government you are trying to build your establishment in. In order to apply they have to get approval from our land use department, even if we have to revise it later we need to establish something.

Commissioner Koenig

states Nye County only gets one dispensary and Clark County gets 40.

Commissioner Hafen

asks how the taxes will be collected on this, is it coming from dispensaries and how will it be distributed?

Mr. Sutton

states those regulations will be from the Department of Taxation and those are in draft form right now.

Commissioner Hafen

states we can approve this and we could see nothing of the tax dollars?

Mr. Sutton

stated theoretically yes.

Commissioner King

states if we do go with this we might put a limit on the number of plants that can be grown and have them spoken for.

Mr. Osborne

clarifies the one dispensary we are allowed to have can only be placed within the PRPD. State law requires that it is located where there is zoning.

Commissioner Koenig

stated if they pass this as it stands we can’t have a dispensary allowed in Nye County, unless another town decided to have zoning so they can sell it.

Commissioner Koenig

asks Commissioner Carbone if they take no action on this item what will happen with the BOCC item.

Commissioner Carbone

stated based on the Commissioners requests it appears they would like to move forward.

Commissioner McCall

asks if the board can approve a CUP for this but they can’t start on it until they received the certification.

Mr. Sutton

states that is a correct interpretation. We can make our approval upon them providing verification from the state.

Commissioner Hafen

states if we put this off for another month the BOCC can still set a time date and location and the RPC could still get comments to the BOCC before the following BOCC meeting. We could look at this item for another month.

Commissioner Koenig

relinquished chairman duties over to Commissioner Hafen and

Commissioner Hafen

assumed the duties of the chair for this item.

Commissioner Koenig

motions to recommend to the BOCC to amend and adopt a bill proposing to amend Nye County Code Title 17, as written with the exception of item C, Prohibition of Medical Marijuana Dispensaries. Everything would stand but we would be allowed to have a dispensary. Seconded by Commissioner King.

Commissioner Hafen

would like to pass comments to the BOCC that they try and get tax dollars here through the state.

Commissioner Hafen

relinquished chairman duties back to Commissioner Koenig and

Commissioner Koenig

assumed the duties of the chair for the remainder of the meeting.

Mr. Osborne

reviews the staff report, by adding a statement under finding #3, relating to the need for and appropriateness stating that it would be appropriate to remove Commercial Kennel from the RE-1 and RE-2 zones, but allowing this to remain as a conditional use in the commercial and industrial zones as well as the Rural RH zones where larger parcel sizes are required and the use would be more compatible with other uses in those areas. Staff is recommending adoption of the bill.

Commissioner Koenig

opens public comment at 6:50 pm and closed with no comments.

Ms. Lee

reviews staff report, per NCC for the SE zoning district to proceed with a zone change is to have a minimum of 40 acres and this development does not meet that, it is 25 to 30 total acres. If there are CC&R or Deed Restrictions the home owners can enforce them on their own. Staff cannot find sufficient justification to recommend approval.

Commissioner Koenig

states he agrees, per NCC they have to have a minimum of 40 acres.

Ms. Lee

stated she called Clark County and they have nothing on record for the previous Clark County parcel numbers.

Ms. Quercia

stated they didn’t know RE would allow animals and doesn’t think anyone would have agreed to that. She believes that since it was zoned that way in Clark County it should have been annexed over that way too. Penny Compton, property owner in the Rogers Estates, she bought her property and saw that there was a horse in the property by hers which was a rental. The horse resided on the property for three years per other owners in the neighborhood. If there were CC&Rs, HOA or Deed Restrictions that she couldn’t have horses she wouldn’t have bought that property. There were no documents provided from the title company. Mable Charbanou, states the property owner that had the horse is no longer there and it was only there for 1 year, and she and other property owners gave them permission to temporarily have the Page 6 of 8 horse on the property. She stated she did tell Ms. Compton she had to get permission from all the property owners to allow her to have a horse, because it was never subdivided for animals. Will Rogers, represented Ms. Compton in the purchase for the home and found recorded CC&Rs in Clark County from Markem Escrow. There is no mention in the recorded documents of livestock or horses.

Commissioner Dolan

asks Ms. Lee if an individual wants to rezone their property to prohibit large animals what zoning would they have to request?

Ms. Lee

states they would have to go less than the 1 acre zoning, the next available one is VR-20 which is the ½ acre zoning, that doesn’t allow livestock but they would also be required to file a master plan amendment.

Commissioner Koenig

states that would only apply to their land not any other property.

Ms. Lee

stated that is correct.

Commissioner Hafen

asks if a group of owners wanted to file a group zone change and master plan amendment as a group could they.

Ms. Lee

stated yes, but that would be for their properties.

Commissioner Dolan

asks Commissioner Hafen if there are plans within the MPSC to entertain anything from the residents in regards to requested zoning within the master plan update.

Commissioner Hafen

stated they are just looking at the Master Plan, that would be an amendment to the master plan and the committee is always looking for additional input in regards to the Master Planning.

Commissioner Koenig

stated it is master planed low density residential, he doesn’t see that changing unless they put it back to commercial.

Commissioner Carbone

asks if the CC&R’s can be obtained from Mr. Rogers.

Mr. Lewis

stated that he and Cheryl Beeman have reviewed the Land Use Chapter for the Master Plan and will have it submitted to the committee by Friday. He is also looking at refining the zoning codes with requiring use permits for hotels in General Commercial districts. Staff is looking at home occupations permits, with requirements that allow businesses come to their homes. There are unintended consequences with allowing this. Page 7 of 8