August 13, 2014

Commissioner King

motions to approve, seconded by Commissioner Dolan. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Dolan, Bob King, Gregory Hafen II, John Koenig, Joseph Goode, Paul Carr, Vincent Clark. Page 1 of 12

Commissioner Koenig

moves item #12 up to item 8.5.

Commissioner Carbone

stated the Master Plan will be on the August 19th BOCC agenda.

Commissioner Koenig

reviews the application history for the two new commissioners.

Commissioner Hafen

asks if they were hearing the application as of today if the application would not meet the zoning requirements correct.

Ms. Lee

stated that is correct, as of April 22, 2014, Bill 2014-01 was adopted by BOCC with an effective date of May 12th 2014 removing Commercial Kennels from the RE-1 and RE-2 zoning districts. The subject property is zoned RE-2.

Commissioner Hafen

asks about finding #2, it states the conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. Yet in the details in the staff report he believes it would should state it will not be designed…

Ms. Lee

stated the DA’s office directed her to leave her findings as she addressed them at the May 14th RPC meeting, in the hopes that the applicant was going to comply with Title 6 and Title 17.

Commissioner Clark

asks if Animal Control had been there anytime recently.

Ms. Lee

stated she would rather have the DA’s office answer that question, anything from the May 14th meeting till now does not pertain to this meeting tonight.

Commissioner King

asks Ms. Lee to explain why the property is not a grandfathered status as the BOCC thought they might be. Page 2 of 12

Ms. Lee

stated the basis of Grandfathering is that you are legal non-conforming use of the property. Legal meeting you meet all the codes, regulations and laws. Non-conforming means that your use doesn’t conform to the legal us of the property. This property is not legally operating, they would need a CUP among other things for the use to be conforming to the zoning district.

Mr. Sutton

clarifies stating you can’t take something illegal and grandfather it, to be grandfathered it has to be legal with the current conditions. Which is not the case with this property.

Commissioner Koenig

refers to the applicants. Carl Grubb, applicant. He states the confusion on the process, timing, paperwork and the work getting done was not anyone’s fault but theirs.

Commissioner Koenig

stated at the BOCC meeting Mr. Grubb had stated twice that Bill from Building and Safety had seen everything and approved it.

Mr. Grubb

stated that was after the May 12th meeting.

Commissioner Koenig

stated after talking with Bill he has not been out there.

Mr. Grubb

stated no he had only seen pictures.

Commissioner Koenig

stated what the BOCC heard was that Bill had been out there.

Mr. Grubb

stated no, he had went to him with pictures and he should have come to him before, during the work.

Commissioner Koenig

stated for the record it is Bill Browning.

Commissioner King

motions to deny CU-14-0001 based upon staff findings. Seconded by

Ms. Lee

states the applicant has asked to withdraw the application without prejudice.

Commissioner Hafen

motions to withdraw without prejudice. Seconded by Commissioner King,

Commissioner Carr

asks Commissioner Koenig if the statement “based upon alternate findings as established by the PRPC” means at this process or any time in the future.

Commissioner Koenig

stated it means during this process or generally in the future. Master Plan Amendment, Zone Change, and related Conditional Use Permit (CUP) Applications: 11. a. For Possible Action MP-14-0004: Public hearing, discussion, deliberation and possible action on a request for a (Major) Master Plan Amendment application to change 55-acres from the Mixed Use and Low Density Residential land use designations to the General Commercial land use designation, located at 600 S. Leslie Street, a portion of the East ½ of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC – Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC – Applicant. Civilwise Services, Inc. – Agent. AP# 36-171-28. (SO) b. For Possible Action ZC-14-0008: Public hearing, discussion, deliberation and possible action on a request for a (Non-Conforming) Zone Change application to change approximately 32-acres of a 55-acre parcel from the Rural Estates (RE-1) Zoning District to the General Commercial (GC) Zoning District located at 600 S. Leslie Street, a portion of the East ½ of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC – Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC – Applicant. Civilwise Services, Inc. – Agent. AP# 36-171-28. (SO) c. For Possible Action CU-14-0007: Public hearing, discussion, deliberation and possible action on a request for a Conditional Use Permit application to allow a 213-space Recreational Vehicle Park which includes the construction of a three acre lake, on a 14- acre portion of a 55-acre parcel located at 600 S. Leslie Street, a portion of the East ½ of Section 18, Township 20 South, Range 53 East. American Eagle RV & Resorts, LLC – Property Owner. Rene Morales, Managing Member, American Eagle RV & Resorts, LLC – Applicant. Civilwise Services, Inc. – Agent. AP# 36-171-28. (SO) Steve Osborne reviews the staff report and staff states sufficient information has not been provided by the applicant, staff is recommending a continuation so the applicant can consult the NCWD for discussion on the lake.

Commissioner Koenig

stated he thought all lakes had to go before the water board.

Mr. Lacy

stated it is a recommendation but there is nothing in the NCC that requires it.

Commissioner Hafen

asks Mr. Osborne about the expiration of the GC zoning. It reverts back to RE-1?

Mr. Osborne

states if it is an automatic reversion the code says it reverts back to the previous zoning which is Open Use.

Commissioner Clark

asks Mr. Lacy to expand on the Water Board.

Mr. Lacy

, Planning Director and GM for the NCWD. The BOCC has requested that the Water District review any changes that have potential high water usage. There is nothing in the NCC to approve anything but the BOCC have requested their input in those activities for a recommendation. Page 4 of 12 Dave Richards, Civilwise Services, representing the applicant. Mr. Richards reviews a presentation on the RV Park, and the request for Zone Change and Master Plan Amendment.

Commissioner Koenig

asks when they bought this property.

Mr. Richards

stated 6 to 8 months ago.

Commissioner Koenig

ask what was it zoned then, people knew it wasn’t zoned or master planned for an RV park.

Commissioner Hafen

asks for Mr. Richards to explain his calculation of 16 acre feet for the 3 acre lake.

Mr. Richards

states that is based on a calculation of what the evaporation rates for a desert area are. 6” per month is the evaporation on a water service. That has been measured in Lake Mead many times. They calculate that over a three acre service.

Commissioner Hafen

stated it is his understanding based on the information he has that it is a little over 7 acre feet per acre not 5 1/3 acre feet like Mr. Richards calculated.

Commissioner Hafen

asks Mr. Richards if he has permit numbers or certificate number that he can provide to the board.

Mr. Richards

stated he doesn’t have them now but can provide them to the board.

Commissioner Hafen

there will be water and sewer facilities on the location. There isn’t anything on the plans showing where they will be, and asks Mr. Richards to elaborate on the type of waste water treatment that will be on the location.

Mr. Richards

stated it is a treatment plant that the client has already purchased and has been approved by NDEP for another development that never went forward and they are repurposing it to this site. The sewer plant will be located to the north and west of the RV Park. They may change the location to a more adequate spot.

Commissioner Hafen

asks how they will address NDEPs WTS21 which requires a 1000ft buffer between a waste water plant and a residence.

Mr. Richards

stated that is one thing they need to be addressed. They have plenty of room on the property that will make sure the conditions are met. In the design phase there will be an attempt to make it 900 feet from a residence, but that will be addressed with NDEP.

Commissioner Hafen

asks Mr. Sutton a waste water treatment plan requires a CUP under the current zoning. This CUP would not be approving a waste water treatment plant for this site because this CUP is not applying for a waste water treatment plant, is that correct. That is something that will have to come before us at a later time, correct.

Mr. Sutton

that can be made as a condition that they get that permit before moving forward.

Commissioner Hafen

asks Mr. Richards if they will be coming back for an approval of the Waste Water Treatment. Page 5 of 12

Mr. Richards

stated not only that there are more hoops they have to address, they are not asking for approval of that today.

Commissioner Clark

asks what they have in mind for using the lake for recreation.

Mr. Richards

stated paddle boating, designate a swim area, a beach and boating. If they don’t get the health approvals they do have a designated are for a pool just in case.

Commissioner Clark

asks how they will deal with the noise.

Mr. Richards

stated they will have berms in the setbacks, there won’t be continual noise all day. There will be a requirement in this RV Park for quiet times.

Commissioner Clark

stated the area is surrounded by RE-1.

Mr. Richards

stated there are 6 homes, in the general area and yes they are RE-1. That is why the Planning department sets conditions on how the park has to be designed when in a residential area.

Commissioner Carbone

, asks if the client is involved with any other RV parks in the valley.

Mr. Richards

stated no, they have made a submittal for a small scale RV Park on Homestead, but that hasn’t been brought before for approval.

Commissioner Carbone

asks if the applicant is willing to contribute to improve Leslie from Hwy 160 to Hwy 372.

Mr. Richards

stated he doesn’t think anyone could afford to do that. He does know that Leslie needs improvements but that is why they do a traffic impact analysis, and they understand there could be a request to improve it. The project as proposed will go to develop revenue for this area, some of the revenue will go to roads, the impact fees will be designed to go to roads and participation fees in all the intersections will go into funds for improvement there. If the development goes forward that you do have the tools to develop the extra income and revenue to improve Leslie.

Commissioner Carbone

asks staff how many of those are large properties that aren’t on utilities that could be well owners.

Mr. Osborne

stated these are all acre and above.

Commissioner Carbone

asks if there will be a problem with the cone of depression if they start putting wells in.

Mr. Lacy

stated it is in area that has a steady state of decline in the area, somewhere to half a foot to 1 foot a year.

Mr. Richards

states they don’t intend on using any more water that is allocated to the site.

Commissioner Carbone

asks how a private organization plans on running a standalone sewer system when the race track can’t do it.

Mr. Lacy

stated part of the issue is he is asking for a zone change on a 55 acres which includes a large commercial property, but he isn’t discussing that when talking about the RV Park. What about the plans for the rest of the 55 acres that is being asked for the Page 6 of 12 zone change? For an RV park with one owner they can have a self-contained water system where they are the only customer. When they propose to sell water of sewer services to another party is when it requires a utility company. To develop the rest of the commercial property is when you get into that problem. He hasn’t addressed that.

Mr. Lacy

asks Mr. Richards if the sewer plant they are proposing is only to supply the needs of the RV Park.

Mr. Richards

states the sewer plant is large enough to supply the RV Park and the commercial areas. It is for the entire 55 acres.

Mr. Lacy

stated with the design and uses for the rest of the commercial area have been undefined. General Commercial area allows a wide variety uses all the way up to hotels and casinos. We need to more clearly define what will happen and take it to the water district for a review of the total water usage for the full 55 acres.

Commissioner Carbone

asks if they plan on putting any park models in the RV Park.

Mr. Richards

stated that isn’t the intention at this time. He suggests that be dealt with in the NCC. He can put rules in the RV Park to keep people from living there.

Commissioner Dolan

stated there wouldn’t be any difference in drop of the aquifer if all those parcels around it were to develop with wells, and they continue to irrigate. The comment of asking the client to improve Leslie to Hwy 160 to Hwy 372 was unrealistic. Golden Gaming wasn’t asked to improve Homestead when they bought out Lakeside.

Commissioner Carbone

asks Mr. Richards if they are irrigating right now.

Mr. Richards

stated they haven’t irrigated in approximately 3 of 4 years.

Commissioner King

stated on the site plan it shows Wilson Road extending across the property where it now doesn’t, is that part of the development.

Mr. Richards

stated yes, Wilson will be dedicated to the County, it will be built to the County specifications and the access to the RV Park will be built from Wilson.

Commissioner Hafen

asks if the lake will be lined.

Mr. Richards

stated they will be doing soils analysis to determine what the type of lining will be for the lake.

Commissioner Hafen

asks if the applicant will be amenable to a adding a condition of approval that it shall be lined.

Mr. Richards

stated he thinks that is reasonable.

Commissioner Hafen

asked how high of a berm they are proposing.

Mr. Richards

stated a minimum of 8 ft.

Commissioner Hafen

asked if the client would be amenable to putting that into a condition of a minimum of 8 ft buffer type of berm.

Mr. Richards

stated they would like an engineering option of a combination of berms and block walls to that height. Page 7 of 12

Commissioner Hafen

asked if the client would be amendable to a condition requiring additional water rights be relinquished to offset the impact.

Mr. Richards

stated the client needs to know more about it. They may consider that if he has additional water rights that aren’t being used. They have 125 acre feet and they would like to keep it available and not release it to the state and then have to buy more if the area builds up.

Commissioner Hafen

asks if they have reviewed and agree to the conditions that are in the staff report.

Mr. Richards

states they do agree to relinquish additional water rights, and yes they do agree.

Commissioner Hafen

asks if they agree this CUP is not an approval for a waste water treatment facility.

Commissioner Koenig

refers back to the applicant.

Mr. Richards

states he understands the concerns of the public.

Commissioner Koenig

asks Mr. Richards if there was a motion to continue would you be amenable to it or do you just want an approval or denial.

Mr. Richards

stated he would like to hear the argument for continuance.

Mr. Osborne

stated one of the main reasons would be for the applicant to go before the Water District and give a presentation to them so they can review and give input on it. Also to allow additional information on some of the questions to be presented to us.

Mr. Richards

stated no he wouldn’t like a continuance but would ask the client. Rene Morales, he believes Mr. Richards has addressed all the questions. He agrees with

Mr. Hafen

on the condition of building the berm 8 feet high.

Mr. Richards

stated the Water Board will be giving a full presentation on the water usage. Design Plans and Dust Control Plans will be submitted per requirements and dealt with properly. Page 8 of 12

Commissioner Koenig

takes application MP-14-0004 separately.

Commissioner Hafen

stated the applicant was against continuing the applicant but stated they would present to the Water Board. Staff’s recommendations were to continue or deny and the applicant did not want to continue it.

Commissioner Koenig

stated correct, they didn’t want to continue.

Mr. Richards

stated they do not want to continue it because they will be approaching the Water District.

Commissioner Koenig

stated once we approve it whatever the water district says will mean nothing.

Mr. Morales

states if they vote tonight they can place a condition that if you approve the RV Park and the Water District doesn’t approve the lake we won’t build the lake, but they will still continue with the RV Park.

Commissioner Hafen

asked Mr. Lacy if this would go before the Water District.

Mr. Lacy

stated it would only go before the Water District for a recommendation to give a review to the BOCC on the project, if it is requested.

Commissioner Hafen

states if we don’t request it and we vote on it tonight it will not go before the Water District.

Mr. Lacy

stated that is correct, it will not go before them for any approvals.

Mr. Richards

stated the BOCC would be considering any input from the Water Advisory Board which would behoove us to approach them.

Commissioner Koenig

stated a CUP doesn’t go before the BOCC.

Mr. Richards

asks if all three applications will go before the BOCC as a package.

Commissioner King

stated that is correct, they all go.

Commissioner Clark

asks Mr. Morales if he would consider proceeding with the RV Park without the lake, and how does this impact your project.

Mr. Morales

stated if the Water Board doesn’t approve it, we would like to proceed with the RV Park. It could be one of the conditions. It impacts us tremendously.

Commissioner Dolan

motions to approve MP-14-0004, seconded by Commissioner Goode.

Commissioner Hafen

asks Commissioner Dolan to elaborate on his findings specifically pages 2-3 and items 1-13 of the staff report.

Mr. Sutton

states whenever we get a land use application staff reviews it, NCC sets criteria that must be met and addressed point by point. All of the findings he can see were not in favor of approval but if you do approve all points must be addressed. Page 9 of 12

Commissioner Dolan

states with the comments made by the DA’s office he withdraws his motion.

Commissioner Goode

withdraws his second.

Mr. Richards

states he would like Commissioner Dolan to take the time to address each finding and suggest why he doesn’t agree to them.

Commissioner Clark

motions to recess, seconded by Commissioner Hafen.

Commissioner Dolan

stated without getting to review the impact study that was turned into planning, there are questions in there that could have changed his mind on some of the conditions. If they were to continue or bring it back they would be facing the same issues at that time unless they see the impact study. Either way it goes to the BOCC.

Commissioner Dolan

motions to deny items A, B and C and send it to the BOCC; seconded by Commissioner King.

Commissioner Hafen

stated Commissioner Dolan motioned to deny and to send to BOCC.

Ms. Lee

stated the Master Plan Amendment and Zone Change are superior items that are final action by the BOCC, the vote of this board is a recommendation to the BOCC when they hear this item.

Commissioner Hafen

asks if this zone change will change the fact the property owners can keep livestock.

Commissioner Koenig

stated no, we are attempting to rezone the parcels to the RE-1 zoning district, leaving it RH-4.5 the setback would be higher than if we properly zone it. Winn Brooks, asks for clarification on the setbacks.

Commissioner Koenig

read the setbacks as stated per 17.04.225.

Commissioner Hafen

motions to approve, seconded by Commissioner Goode.

Commissioner King

stated on page 6, Conduct of Meetings, if the first falls on a Wednesday the RPC meeting is moved to the third Wednesday of the month. There is a statement stating we can reschedule if there is a conflict. Does clarification need made.

Mr. Sutton

states it is covered with our current practice, but we can agendize it and add address that. As it stands now it has been the common practice but we can make it more specific.

Commissioner Koenig

stated page 10, regarding sign in sheets. We don’t do that anymore.

Commissioner King

motions to accept amendments as given; seconded by Commissioner Hafen.

Commissioner Koenig

would like an item with the additional RPC Bylaw amendments, delete the reference to sign in sheets on page 10 and Commissioner Kings comments for page 6. Page 11 of 12