June 11, 2014

Commissioner Koenig

wants the addresses added to the May 14, 2014 minutes, for ZC-14-0002, specifically 6170 Pahrump Valley Blvd, 6141 Tequila Way, 6111 Tequila Way, 6080 Pahrump Valley Blvd.

Commissioner Koenig

stated they are not making changes to it. Ms. Beeman’s been asked to compile data to present to the Board to help them understand the plan. c. Capital Improvements Plan Advisory Committee - John Koenig None. d. PRPD Master Plan Update Steering Committee - Gregory T. Hafen II

Commissioner Hafen

stated he thought we set specific hearing dates and would like to know if we need to modify the motion of the dates for the hearings.

Commissioner Hafen

asks about property history stating it was zoned from Open Use to Neighborhood Commercial.

Ms. Beeman

replied that is a typo. It was not rezoned to Neighborhood Commercial, it should say RE-1. Mary Greenspan, reviewed why she is asking for the zone change for this property. Pointed out that this is a corner lot, so there will be 2 alternatives for ingress/egress.

Commissioner McCall

asks the applicant if the RPC should approve this, have you read and do you understand the proposed special conditions of approval.

Ms. Greenspan

asked for clarification of which page those are located on. Asked for clarification on the location of the dedication and what ROW means. Tim Dahl, Nye County Public Works, stated the dedication would be an additional 10’ on both Basin and Lola, to match existing ROWs.

Ms. Greenspan

stated she understands and agrees.

Commissioner Hafen

wants to disclose that he does sit on the hospital board, based on the applicant’s comments about physicians wanting to develop this property, will have no bearing on his decision.

Commissioner Goode

asked to clarify that the request is to change this to commercial zoning, not residential and staff is recommending denial.

Commissioner Koenig

stated that is correct.

Commissioner Hafen

asked for clarification on the motion, that the alternate findings are that the other three corners are zoned commercial.

Commissioner Dolan

stated that is correct.

Commissioner McCall

asked for the reasoning behind special condition 2. Tim Sutton, District Attorney’s office, stated to approve a zone change, it has to be in compliance with the adopted master plan. Since the adopted master plan is the 2003 plan, and this request does not comply, this board cannot approve unless there is a corresponding master plan amendment.

Commissioner Hafen

asked if we are agendized to approve a master plan amendment in conjunction with this zone change tonight, or does it need to be agendized. Would we have the legal ability to direct staff to initiate a master plan amendment and have staff bring it back before us.

Mr. Sutton

stated you would need a staff report with findings to go with a master plan amendment, so you couldn’t decide that tonight but you could direct staff to initiate the master plan amendment. Dan Harris, applicant, appreciates the discussion and the delay puts a strain on their plans. Has concerns about when this will be approved.

Mr. Sutton

stated that taking aside the issue of the 2014 master plan update not being approved yet, you would still have to have a master plan amendment for this zone change to get approved.

Mr. Harris

asked what the time frame is that we’re looking at for this application. Darrell Lacy stated staff will initiate a master plan amendment to bring before this board next month, if the RPC wishes to do that.

Commissioner Koenig

said he has no problem with that. If we hear the master plan amendment next month, when will it go before the BOCC?

Mr. Sutton

suggested that if you’re going to bring the zone change back to bring the master plan amendment before the board at the same meeting.

Commissioner Koenig

stated that both applications have to be approved by the BOCC, so the applicant wouldn’t lose any time by having these come back next month.

Mr. Harris

addressed a letter from Linda Parko regarding the concern that medical marijuana would be grown at this location, and he wanted to clarify for the record that they are just looking to expand their farming operation, not grown medical marijuana.

Commissioner Hafen

asked the applicant if this delay will cost them a crop this season. Dan Harris said they’ve had discussion about trying to get a crop in, but they aren’t sure. Page 4 of 8

Commissioner Goode

commented that the applicant should make sure his application is not confused with another one and should clear it up in writing that he is not asking to grow medical marijuana.

Mr. Harris

stated that is why he brought it up.

Commissioner Hafen

asked if this will give enough time to put the item on the BOCC agenda in July. He is not in favor of continuing this if we can’t get it before the BOCC next month.

Commissioner King

stated the requested zoning allows for auction houses, is the applicant planning on continuing an auction business here? Steve Osborne stated no, they don’t have specific plans of development at this time.

Commissioner King

asked if a Business Opportunity Overlay zone would satisfy the applicant.

Commissioner Hafen

asked if the Commercial Manufacturing zone prohibit them from using the property as a residence? Steve Osborne stated he didn’t believe it would. It’s already an existing residence so it could continue for that use or used as a caretaker’s residence.

Commissioner Koenig

stated that means it’s grandfathered. Dorothy Hayes, trying to sell the property and having difficulty because it’s not zoned for commercial, so she’s asking for it, trying to do the best she can for the family. If they don’t do something with the property in the next 6 months, they’re risking foreclosure.

Commissioner King

asked if she has looked at Business Opportunity Overlay? Dorothy Hayes said she hasn’t. She doesn’t live local, and the inquiries haven’t been the same business as her father, so grandfathering might not work. Public comment opened at 6:43 pm and closed with no comments. Page 5 of 8 Motion: CU-14-0005 based upon findings and subject to the special conditions outlined in the staff report, Action: Approve, Moved by Bob King, Seconded by Bruce Earl. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6, No = 1, Absent = 0). Yes: Bob King, Bruce Earl, Gregory Hafen II, Jennifer McCall, John Koenig, Joseph Goode. No: Bill Dolan Absent: None.

Mr. Osborne

reviews the staff report, recommending approval of Business Opportunity Overlay zone and leaving property zoned RH-4.5. Rachel Kryder, Civilwise Services reviewed application and proposed project.

Commissioner Hafen

verified Civilwise’s client understands this is not an approval for any sort of medical marijuana use, this is only for the overlay district.

Commissioner Hafen

asks about condition of approval reserving the right to provide further comment. Tim Sutton responded that it’s not necessarily a condition of approval but more of a notice.

Commissioner Koenig

asked representative about their clients’ request for a waiver.

Ms. Kryder

stated Business Opportunity Overlay requires buildings to be 10,000 square feet or less and that’s where that came from, but it’s her understanding those waivers are being handled administratively. Steve Osborne stated any waiver requests in conjunction with medical marijuana will be handled by the BOCC.

Commissioner Hafen

stated for clarification purposes, this board is not approving any waivers.

Commissioner Hafen

asked if this zone change requires a master plan amendment. Steve Osborne replied this does not as it is master planned low density residential.

Commissioner Hafen

asked staff to bring forward master plan amendment with any zone changes that require it and asked the district attorney’s office to look into the RPC motion on the master plan setting dates for the BOCC hearing of the master plan; is there anything RPC needs to do to change that time line.