September 10, 2014

Commissioner Koenig

will move item 13 to 8.5; Item 15 to 8.6. Page 1 of 9

Commissioner Dolan

will not be abstaining from Item #9, it doesn’t affect him in any way.

Commissioner Hafen

abstaining from item # 14, one of the conditions requires the applicant hook up to the nearest utility company and Pahrump Utility, which he works for is the nearest utility company.

Commissioner Koenig

stated none of the CUP applications meet the conditions.

Mr. Sutton

states that is correct, if any application doesn’t meet the requirements outlined.

Commissioner Koenig

asks Mr. Sutton if his recommendation is to continue the applications.

Commissioner Carbone

asks if there will be an issue with timing on this item.

Mr. Sutton

clarified that this would apply to all the applications, CUP’s, Waivers and Zone changes. They all need conceptual site plans. Susan Holecheck, Pahrump Town Manager, would like this application heard before the end of the year.

Commissioner Koenig

stated all that would be needed is the conceptual site plan and we would be amenable to have a special meeting for all the applicants.

Commissioner Dolan

is suggesting bringing the meeting to the week of the 29th so he can be here for the special meeting.

Mr. Lacy

stated we can wait to the next regular scheduled meeting to hear the items.

Commissioner Hafen

stated some of these can be addressed with the Administrative waiver. Specifically with the town, they can ask for the waiver for the portion of the conceptual site plan they don’t have. Page 2 of 9 Public hearing opened at 6:45 pm. Motioned by Commissioner Dolan to continue to the October 15 meeting. Seconded by

Mr. Sutton

states for clarification from now to the next meeting the applicants can bring their conceptual site plans into compliance with the code or send a letter requesting an administrative acceptation from the Zoning Administrator.

Commissioner Koenig

opens the public hearing at 6:48 pm.

Commissioner King

motions to continue to October 15th, seconded by Commissioner Dolan.

Commissioner Koenig

opens the public hearing at 6:49 pm.

Commissioner Hafen

motions to continue to Oct 15th, seconded by Commissioner King.

Commissioner Koenig

asks Mr. Sutton if we can move forward with the Master Plan.

Mr. Sutton

stated he didn’t believe any of the conceptual site plans meet the current Nye County Code.

Commissioner Koenig

asks staff if it meets the code.

Ms. Lee

stated it doesn’t.

Commissioner Dolan

motions to continue to the October 15. Seconded by Commissioner King.

Commissioner Dolan

asks if the date stated for the BOCC meeting will need to be addressed.

Mr. Sutton

stated it is okay.

Commissioner Koenig

stated we don’t need the consent of an applicant to continue or refer the item. It is the decision of the board. #5 the conceptual plan that is required for the application must contain arrow, dimensions, existing proposed buildings, setbacks, drainage paths, driveway locations, traffic flow, parking, open space, landscaping, street names, and names of adjoining streets. We would expect this from major developers, but how do we want to address this with a regular applicant. Tim Sutton, stated in reference to the conceptual site plan, if you look at 17.04.950 you can grant administrative acceptations and this does apply to the whole chapter. An administrative acceptation does grant a deviance from the site plans and conceptual site plans. The requirement for the administrative waiver must be in writing and an explanation as to why the waiver should be granted.

Commissioner Koenig

asked if the waiver would be part of the whole application they would see.

Mr. Sutton

stated correct. Page 4 of 9

Commissioner Hafen

asks if they don’t have drainage paths on their conceptual site plans then they can ask the Planning director for a waiver of that requirement.

Mr. Sutton

stated yes, but that would have to be done prior to the meeting. Those applications then can either be granted or denied by the zoning administrator then added to the back up as supplemental information to the applications to the board.

Commissioner Koenig

asks if this is something that staff would bring up to the applicants at the time of application submittal if they would need a waiver or not.

Mr. Lacy

stated that a CUP is for a type of use no specifically for the building itself, so we would need some direction from the board.

Commissioner Koenig

stated if all the information isn’t there, he would rather not see it. All the information should be included.

Commissioner King

stated the application that comes in lacking the substantial findings, shouldn’t that be considered an incomplete application?

Commissioner Clarke

asks if there is a difference in a commercial use and a residential use in this topic.

Mr. Lacy

stated we could have a major and minor type project that has different requirements or just have the exception portion flexible enough to have the director or chairman approve.

Commissioner Dolan

stated it would be good to have a subcommittee on this and bring it back to us.

Commissioner Koenig

directs staff to create a meeting with himself, and Commissioner Clarke.

Commissioner Hafen

stated in the code it states required and must and some of the applications before us today don’t have this information.

Mr. Sutton

states the CUP applications that require a conceptual site plan and those applications that don’t have them cannot go forward today. 14. a. For possible action – MP-14-0005: Public hearing, discussion, deliberation and possible action on a request for a Minor Master Plan Amendment to change approximately 1.98 acres (net) from the Medium Density Residential master plan designation to the Mixed used master plan designation, situated approximately 332 feet east of the intersection of Homestead Road and Mickey Street, located at 3090 E Mickey Street, further described as Parcel 3 of File Map #458601, Township 21 South, Range 54 East, Section 7. Millennium Investments, LLC – Property Owner/Applicant. Civilwise Services, Inc. – Agent. AP# 045-091-26. (BL) (This item will be forwarded to the Board of County Commissioners’ meeting on October 21, 2014 at 11:00 a.m. for Final Action, unless otherwise announced.) b. For possible action – ZC-14-0010: Public hearing, discussion, deliberation and possible action on a request for a Non-conforming Zone Change (ZC) to change 1.98 acres (net) from the Village Residential (VR-20) Zoning District to the Neighborhood Commercial (NC) Zoning District, situated approximately 332 feet east of the intersection of Homestead Road and Mickey Street, located at 3090 E Mickey Street, further described as Parcel 3 of File Map #458601, Township 21 South, Range 54 East, Section 7. Millennium Investments, LLC – Property Owner/Applicant. Civilwise Services, Inc. – Agent. AP# 045-091-26. (BL) (This item will be forwarded to the Board of County Page 5 of 9 Commissioners’ meeting on October 21, 2014 at 11:00 a.m. for Final Action, unless otherwise announced.) c. For possible action – CU-14-0008: Public hearing, discussion, deliberation and possible action on a request for a Conditional Use Permit (CUP) to allow an RV Park on property in the Neighborhood Commercial (NC) and Village Residential (VR-20) Zoning Districts, per NCC 17.04.310.E, and to allow a decorative water feature greater than two hundred-fifty (250) square feet of surface area, per NCC 17.04.740.F.3, located at 5211 & 5241 S. Homestead Road and 3090 E. Mickey Street, further described as Parcels 1,2 and 3 of File Map #458601, Township 21 South, Range 54 East, Section 7. Millennium Investments, LLC – Property Owner/Applicant. Civilwise Services, Inc. – Agent. AP#’s 045-091-24, -25 & -26. (BL) (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) d. For possible action – WV-14-0008: Public hearing, discussion, deliberation and possible action on a request for a Waiver (WV) to allow a reduction of the net lot acres from 5 acres net to 4.226 acres net, per NCC 17.04.780.A.5.a, on property in the Neighborhood Commercial (NC) and Village Residential (VR-20) Zoning Districts, located at 5211 & 5241 S. Homestead Road and 3090 E. Mickey Street, further described as Parcels 1, 2 and 3 of File Map #458601, Township 21 South, Range 54 East, Section 7. Millennium Investments, LLC – Property Owner/Applicant. Civilwise Services, Inc. – Agent. AP#’s 045-091-24, -25 & -26. (BL) (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.)

Commissioner Koenig

asks if this has the final site plan.

Ms. Lee

stated this doesn’t meet the letter of the code, it is missing the drainage paths.

Mr. Sutton

stated Commissioner Hafen is correct in saying that it must include these items.

Commissioner King

motions to continue to the October 15 meeting. Seconded by Commissioner Clark.

Commissioner Koenig

the agenda shows ZC-14-0010 and the staff report states ZC-14-0009.

Ms. Lee

stated it is ZC-14-0010.

Mr. Osborne

reviews his report.

Commissioner Koenig

asks if the conceptual site plan is required and if they must meet all the same points.

Commissioner Koenig

asks if we are allowed to place conditions on zone changes. Page 6 of 9

Mr. Sutton

stated there is nothing prohibiting them from putting on conditions on zone changes. What is not permissible is to favor certain developers or take favors from developers. There are standard conditions of approval that are permissible.

Commissioner Clark

asks what type of conditions can be added.

Mr. Sutton

stated there aren’t set criteria but there are some that are required by the code. Putting conditions of approval on particular approval are so they understand what is required of them.

Mr. Lacy

stated with requirements for conceptual site plans they have to have a specific plan in mind to put to put the site plan together. Can we condition a zone change on a specific project and if the project doesn’t go forward can the zoning revert back.

Mr. Sutton

stated yes. Those approvals are always condition upon what is presented at the time of presentation and if it deviates significantly from what is originally presented then that can be grounds for revocation.

Commissioner Koenig

asks if an application comes to for a change from RE-1 to NC so they can build a store and a CUP wouldn’t be necessary. Can we condition that zone change that it has to be a store?

Mr. Sutton

stated yes, if a zone change is specific to a request for a use, and there are other uses for that zone, it doesn’t mean it would be granted for anything else. It was represented for a specific purpose.

Mr. Osborne

reviews his report.

Commissioner King

asks staff if the comparison of 157 RV spots on 35.3 acres. Is that the entire development? Casino and all.

Commissioner King

stated he doesn’t want to see the change of 15 maximum but would like to see some ascetics added. And asks for clarification on the 50 Sq. ft. of grass turf limit, is that minimum or the max.

Mr. Osborne

stated that would be the maximum.

Commissioner King

stated that the 45 ft. spaces wouldn’t fit his own RV. Some RV parks have 75 ft spots and are pull through.

Mr. Lacy

stated we could set requirements that some of them be pull through.

Commissioner King

stated the 1800 sq. ft. per space should be the average. Also, our code doesn’t define convenience store. If a developer wants to designate a building as a convenience store we shouldn’t tell them they can’t do it.

Mr. Lacy

stated we have approved a lot of RV Parks that haven’t been built, and if we are going to approve any more in the future they need to be a benefit to the community.

Commissioner Hafen

asks if there is a requirement in the RV CUP for Open Use space. Does a certain percent need to be designated for Open Use, like in subdivisions? Page 7 of 9

Commissioner Hafen

states if the applicants want to obtain enough water rights to solve the over appropriation issue in order to have grass, then let them go for it. The whole area doesn’t need to be turf that is when the percentage would come into place.

Commissioner Hafen

asks if we have extended stay motels in town. States in regards to the town tax if we are going to change some of the code for the RV’s that are staying here extended then we should include something for extended stay motels and he states that RV parks should be allowed to have convenience stores that draws from the public.

Commissioner Dolan

states to change the state law on room tax it will take a minimum 2 years to get it done. If you want to change the room tax here in Nye County it will change it in the whole state.

Commissioner Clark

states there shouldn’t be a limit on a convenience store, it generates revenue for the park. The limitation for the 5% should be taken out.

Mr. Osborne

reviews some cost save measures for the Planning Department.

Commissioner Koenig

asks if this is a decision that is made by the RPC or by the director.

Mr. Lacy

stated he just wanted the RPC to have an input.

Commissioner Koenig

stated as long as it is saving money they are fine with any changes.

Mr. Sutton

stated at the last meeting there was a discussion regarding combined applications where one item continues to the BOCC and the others rest here. Past practice has been to take them all and send them to the BOCC. After some research there is a code conflict and that is why he requested this item. There is a conflict with 16.24 and 17.04, and he recommends for staff to prepare an Ordinance and recommend to BOCC.

Commissioner King

motions for staff to prepare an Ordinance with Mr. Sutton’s assistance. Seconded by Commissioner Clark.

Mr. Lacy

stated there is still an appeal process to get it to the BOCC if they don’t agree with the decision.

Commissioner Hafen

asks if anyone aggrieved with the RPC decision can file an appeal.