March 12, 2014

Commissioner Borasky

Acronyms Used: ADT = Average Daily Traffic ARC = Architectural Review Committee BLM = Bureau of Land Management BOCC/BOC = Board of County Commissioners CAA = Charles Abbott Associates CUP = Conditional Use Permit DOR = Deed of Restrictions CCO = Code Compliance Officer CC&R = Covenants, Conditions & Restrictions DRC = Development Review Committee FEMA = Federal Emergency Management Agency NBHPS = Nevada Bureau of Health Protection Services NCC = Nye County Code NCSD = Nye County School District NDEP = Nevada Division of Environmental Protection NDWR = Nevada Division of Water Resources NDOT = Nevada Department of Transportation NRS = Nevada Revised Statues PRPD = Pahrump Regional Planning District PRPC/RPC = Pahrump Regional Planning Commission PTB = Pahrump Town Board PUD = Planned Unit Development USFS = United States Forest Service ROW = Right-of-Way SFR = Single-Family Residential SOB = Sexually Oriented Business TIA = Traffic Impact Analysis TPC = Transportation Planning Committee UBC = Uniform Building Code Page 1 of 9

Commissioner Koenig

moves item 16 to 12.1.

Mr. Osborne

stated item 12b will be pulled from the agenda without prejudice.

Commissioner Hafen

abstains from Item #13, as his family businesses hold a CUP and Development Agreement for a hotel. Page 2 of 9

Mr. Osborne

reviews the staff report.

Mr. Osborne

reviews the staff report.

Ms. Lee

reviews the staff report, and recommends approval.

Commissioner Hafen

asks staff if there is adequate parking for the facility on site.

Ms. Lee

stated there are 25 spots.

Commissioner Hafen

states one of the conditions stating there is to be no parking in the ROW. That is a County Code correct, that there shall not be parking in the County ROW.

Ms. Lee

stated that was a requirement that came over from Public Works. Nye County Code 17.04.730 does not pertain to this as the customers will have to pull off the road way and travel to the rear of the building for parking. Page 3 of 9

Commissioner Hafen

asks if the intent of the special condition is to limit it to the customers and employees of this business.

Ms. Lee

stated yes, and the condition can be modified to reflect that.

Commissioner Dolan

states Flea Markets and swap meets tend to have a lot of traffic. The applicant could do an agreement with Goodwill to use some of their lot. Jane Tyrka, applicant.

Commissioner Hafen

asks if Ms. Tyrka has read and understood the special conditions of approval. Mr Tyrka stated yes.

Commissioner Hafen

adds to condition #4 stating to the best of the applicants ability there shall be no parking on or within the County ROW on Loop Road, Postal Road and Carlton Street, by employees or customers.

Commissioner Goode

states he will abstain from voting on this item as he is the architect for this project.

Ms. Lee

reviews the staff report and staff recommends approval.

Commissioner King

asks if a Parcel Map has been submitted with the application.

Ms. Lee

stated no map has actually been submitted yet, the map that is in the back up will be more formally submitted later. The reason being there is an issue with the ownership. The parcel was actually owned by the Pahrump Community Hospital District when that dissolved and under NRS and Ordinance the property reverted back to Nye County ownership. A deed was never formally recorded reverting ownership back to Nye County. The DA’s office has worked on it and the deed will be recorded in the next day or two.

Commissioner King

asks if a formal application has been submitted.

Ms. Lee

stated the application is up in Tonopah. Page 4 of 9 Timothy Sutton states that when the Hospital District dissolved all of their property turned over to the county by law. The paperwork was just never completed and is awaiting Commission approval.

Commissioner Dolan

asks what site the Senior Living Facility will be located on, the East or the West parcel.

Ms. Lee

stated that is one of the reasons why they pulled the CUP application, there is still some deciding on which parcel will be used. Once that has been decided they will bring the CUP back for that parcel.

Commissioner Dolan

is very concerned that there could be a possibility of an issue being next to the helicopter pad. Ms, Lee stated the architect is looking into FAA regulations for separation requirement etcetera.

Commissioner Hafen

asks Mr. Sutton if it will be appropriate to add special conditions that the Parcel Map be submitted and approved by the Planning Director and the title be addressed and recorded.

Mr. Sutton

stated that would be appropriate to do.

Commissioner Hafen

states for clarification that we aren’t approving or discussing the Assisted Living Facility, we are only addressing the parcel map at this location.

Commissioner Koenig

stated the Assisted Living will be at some other meeting.

Mr. Osborne

reviews the staff report.

Commissioner Borasky

states he doesn’t understand why we are requiring new applicants to apply for a CUP when all the hotels are on Highway 160. This is just another restriction on allowable businesses to come in and open their doors. We need to help the businesses come to our town.

Commissioner Carbone

asks what the RPC is gaining by having it come through the committee when staff is already looking at everything and pilot the companies to the correct locations.

Commissioner Dolan

asks what will happen to the CUPs that are existing now for hotels and B & B’s. Will they still stand or will we eliminate them and not approve any more in the future.

Mr. Lewis

states there are 4 or 5 hotels that have CUP’s since we implemented zoning in Pahrump.

Commissioner Hafen

states he will be abstaining but wanted to comment on the issue. He agrees that where his family holds a CUP for a hotel on Turner Blvd isn’t the correct location for a hotel, however Hwy 160 and Hwy 372 maybe that is more appropriate.

Mr. Sutton

stated that Adult Motels as Mr. Osborne stated in his staff report as well as any other sexual oriented business are permitted within the code under Heavy Industrial, Light Industrial and Brothel and subject to a CUP, and this ordinance wouldn’t allow for those as Mr. Osborne stated. Item fails for lack of motion.

Mr. Osborne

reviews the staff report. Darrell Lacy states he has let NDEP know they would like some more flexibility for dealing with issues regarding to materials that can be used.

Commissioner King

stated the code states dust palliative. Is there any suggestions as to what those palliatives could be besides asphalt?

Mr. Lacy

stated if there are any areas of flexibility you would like to see in the agreement he can bring that forth to NDEP. He understands that there have been concerns with new businesses coming in that can’t use gravel, and that is something that is strict within the MOU.

Commissioner Dolan

asks when the MOU is expiring. Page 6 of 9

Mr. Sutton

stated we are in a maintenance period and that expires December 31, 2014.

Commissioner King

asks how NDEP measures the air quality standards for the valley.

Mr. Lacy

stated they have several stations in the valley that take samples.

Commissioner King

asks if we have been complying.

Mr. Lacy

stated we have except for some high wind events that they have tried to exclude from the data because of that and they just need to get approval from EPA to exclude that data.

Commissioner Dolan

asks if all the MOUs with different communities end at different times.

Mr. Lacy

stated Pahrump is the only community in Nye County that is subject to this agreement. Clark County has much more stringent standards than we do in dealing with EPA.

Mr. Osborne

reviews the staff report.

Commissioner Hafen

asks Mr. Osborne if these were all out of the Building Code.

Mr. Osborne

stated if you start where it says “walls 1 hour fire resistant rated” and down that is all out of the Building Code. The beginning was recommended by the Pahrump Building Department.

Commissioner Hafen

asks the size of the building that does not require a building permit? And has the Fire Chief had a chance to comment on this?

Mr. Osborne

stated less than 200 sq. ft., and no he has not.

Mr. Sutton

stated if we are incorporating code that comes out another code you will have to come back and amend our code when that code changes. He feels we should reference and not incorporate.

Mr. Lewis

stated they did that because the Uniform Building Code is a guideline and those guidelines do change from time to time. We use the 2006 code. This is an ordinance that would be the law applying to Pahrump.

Commissioner Dolan

asks why this wasn’t put before the Fire Chief.

Mr. Lewis

stated these applications would go before the Building Department and they are the one that reviews the building separations. It wouldn’t go before the fire department to review a proposed structure. Page 7 of 9

Commissioner Dolan

stated we are changing the ordinance and it should have went to the Fire Chief for his input prior to approving this type of ordinance.

Commissioner Hafen

asks if the Fire Chief has been given a copy of the agenda prior to the meeting.

Mr. Lewis

stated yes, they normally don’t get involved at this level.

Commissioner Hafen

stated he would like to have the Fire Chief to weigh in even if he has no comments, just so they have them on record.

Commissioner Hafen

thanks staff and Mr. Adams for working on this item. Robert Adams, presents a power point to the commission regarding the OHV’s.

Commissioner Dolan

states he thought the County Commissioners are already applying to have HWY 95 used. He believes it was removed.

Mr. Adams

stated he doesn’t recall it being removed.

Commissioner Dolan

asks if the discussion was to make the highways with nothing over 35 mph.

Mr. Adams

stated the streets in Tonopah are 35 mph and Pahrump all county road ways are showing 45 mph. We could put a provision of 45 mph, but that would just cause some issues with Bell Vista because that is a 55 mph roadway.

Commissioner Dolan

would like to see signs put up stating OHV’s are crossing at those locations.

Commissioner Hafen

stated he agrees that all County roads should allow OHV’s, he agrees that there should also be signage.