October 15, 2014

Commissioner King

motions to accept the minutes of September 10, 2014. Seconded by

Commissioner Hafen

. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 1). Yes: Bill Dolan, Bob King, Gregory Hafen II, John Koenig, Joseph Goode, Vincent Clark. Abstain: Paul Carr.

Commissioner Koenig

stated it will need to stay where it is. In case something comes up during the meeting.

Commissioner Dolan

states after review with the DA’s office he will not be abstaining from #9. It doesn’t benefit him in any way.

Commissioner Clark

asks if the hazardous materials have been removed or remediated.

Ms. Beeman

stated no remediation was done of the property. They relied on the professional analysis of the phase I and phase II assessments. Nevada had no standards for cleanup at that time.

Commissioner Clark

is concerned if there are materials that could be hazardous to human’s health. Page 2 of 18

Ms. Beeman

stated the report stated the samples they took didn’t report levels that would necessitate any further clean up.

Commissioner Carbone

stated if there was any clean up required there would have been a Phase III. There were no contaminants found in the Phase II so that didn’t require a Phase III which would have been the cleanup.

Commissioner Dolan

states after pulling the 92 page report when you look at the limits of the results, they were within the normal limits. He thinks this is the better of the two sites that the Town of Pahrump has to deal with but is still concerned that the house will be removed, septic cleaned and the well flushed. He states he would like something in the motion to have the cleanup and remediation done before the town signs a lease for the property. Darrell Lacy stated any remediation and cleanup of the property is outside the purview of the RPC that is something that will be taken up at a future time. This is just for the CUP.

Commissioner Dolan

stated the town is asking for a CUP the town doesn’t own or lease the property. Staff believes what the Sherriff has supplied is sufficient that they can move forward. Bob Adams, representing the Town of Pahrump.

Mr. Adams

states this is an alternate site they have looked at because the BLM hasn’t taken any action for them.

Commissioner Hafen

addresses finding #5, it states the proposed use will be adequately served by public facilities and services. He would like a condition of approval to insure the quality of water can be used for public use if it is indeed going to be used for public use. It needs to meet the public use standards.

Commissioner Dolan

states he would like to add an item that directs staff to see that this property is cleaned up if town purchases or leases the property, so that it isn’t hazardous to anyone out there.

Commissioner Dolan

motioned to approve CU-14-0009 based upon findings and two additional conditions added. Seconded by Commissioner Hafen.

Commissioner Clark

asks who the potential owner of the property will be.

Ms. Beeman

stated no we have no assurance of who the potential owner will be.

Commissioner Clark

states the Sheriff‘s office should be asking for a hold harmless clause, you accept the property as is. Page 3 of 18

Commissioner Dolan

stated they directed staff last night to enter into talks with the Sherriff’s office, the County, and the DA’s office to see what the options will be.

Commissioner Hafen

asks for clarification on Commissioner Dolans motion. He stated that the motion was to include a condition that the property be cleaned up prior to being open for public use.

Commissioner Goode

asks who will be employed to open and close the gates.

Commissioner Koenig

stated this is a town project so it will probably be a Town B & G staff member.

Commissioner Koenig

moves Item 19 a. before Item #10.

Commissioner King

would like to make sure no rain fall falls on the adjacent property.

Commissioner King

motioned to approve WV-14-0009 based on findings and adding condition #5 that the shade doesn’t have any rainfall onto adjacent properties. Second by Commissioner Carr.

Ms. Lee

reviews her staff report adding two special conditions of approval, #7 there shall be no mingling of animals between the boarding facility and the rescue facility and there shall be no sharing of facilities of the boarded animals and the rescue animals and #8 there shall be appropriate separation barriers between boarded and rescue animals as determined by Nye County Animal Control. Staff is recommending approval subject to the special conditions of approval. Page 4 of 18

Commissioner Hafen

stated under finding #3, he would like to point out that the corner is a Nye County School District bus stop and within the 1500 radius for future uses are High Density Residential properties. Mary K. Miller, owner of the properties and owner of All the Same Wild and Tame Animal Rescue. Belinda Hendrickson, President of German Sheppard Rescue of Las Vegas, located in Pahrump. She states Animal Control has already approved the use on her properties. She feels the property should be grandfathered. She stated there is no Coyote Hybrid that is coming on the property.

Commissioner King

stated there is an expansion of the use with the new pen going on behind the house. That in itself is an expansion of a grandfathered use and would require a CUP. As well as a site development plan.

Commissioner King

asks if that has been done.

Ms. Miller

stated that has not been done, she was unaware that would be needed.

Ms. Hendrickson

stated that Ms. Lee told her exactly what they needed and that wasn’t part of it.

Ms. Lee

stated they haven’t went to the extent of Site Development yet because the only construction was the temporary pens for the special conditions animals. She wasn’t sure if the board wanted a full Site Development plan or a zoning review would suffice with the inspections from Animal Control.

Commissioner King

asks if anything has been submitted yet.

Ms. Lee

stated nothing has been received yet.

Ms. Hendrickson

stated those temporary pens could be taken down, they are to house Mr. Benson’s animals.

Commissioner King

stated his other area of concern was the areas where the dogs are being kept. Most of them have concrete pads but some still are gravel and that will be hard to keep sanitary.

Ms. Miller

stated the dogs are taken out two times a day and they do clean up the dirty gravel out after each time.

Commissioner Dolan

asks if we are using this conceptual site plan.

Commissioner Koenig

stated the last meeting they needed drainage and this one does have it now.

Commissioner Carbone

stated the pens were going up early because the individual was very sick and in the hospital and that could have changed by now.

Commissioner King

motioned to approve CU-14-0010, based on findings and special conditions of approval, less the animals special conditions for either of the properties. Seconded by Commissioner Goode. Page 5 of 18

Ms. Lee

asks if the motion includes the two special conditions she has added.

Commissioner King

stated yes and he amends his motion to include the two special conditions of approval added by Ms. Lee. Second amended by Goode.

Commissioner Hafen

asks if the property was grandfathered now that we don’t have animal special conditions anymore.

Ms. Lee

states they were unable to find sufficient documentation available that the property was grandfathered.

Ms. Lee

reviews her staff report and staff recommends approval of all applications and subject to the special conditions of approval.

Commissioner Hafen

asks if the waiver is to only waive the landscaping, there will still be a buffer zone between properties. Page 6 of 18

Ms. Lee

stated that is correct, there will be a perimeter fence installed and landscaping. It won’t be open to the public and aren’t around residential areas.

Commissioner King

stated the property doesn’t abut residential property but it does abut property that is zoned residential.

Ms. Lee

stated that is correct, she clarifies that the properties aren’t developed.

Commissioner King

asks if any of the development will cross property lines etcetera. Should we be adjoining these properties?

Ms. Lee

stated based on the site plan submitted it doesn’t appear that there is anything crossing the property lines. Randall Bell, representative of Belaluz Solar. There is an easement around the property owned by VEA. They will be connecting to the power lines already on the property. So there will be nothing going outside the property.

Commissioner King

asks if any of the buildings will be connected across property lines.

Mr. Bell

stated there will be utilizes running across the property lines.

Commissioner King

asks Ms. Lee if that will require a map to be done to join the properties.

Ms. Lee

stated yes that would, and we would need to add a condition for that. We will verify that is indeed something that should be done.

Commissioner Koenig

asks the applicant how they will be cleaned if there is no well.

Mr. Bell

stated they will hire someone to come in that is mobile and will come in once a month to clean and maintain the facility.

Commissioner Goode

asks if there is any flooding in this area.

Commissioner Dolan

asks if they have read and understood the special conditions of approval.

Mr. Bell

stated yes and if they can find qualified people to help maintain the facility.

Commissioner King

motioned to approve MP-14-0006, ZC-14-0011 and WV-2014-000001 based on findings and subject to conditions to include additional condition that the parcels be joined by way of either Map of Reversion or a Merger Resub Parcel Map. Seconded by Commissioner Dolan.

Ms. Lee

states she would like to take Items A & B first, the Master Plan Amendment and the Zone Change. Staff is recommending approval of the Master Plan Amendment and Zone Change subject to the special conditions of approval.

Ms. Lee

states in regards to Items C & D, the Conditional Use Permit and Waiver, the applicant has submitted an updated conceptual site plan. The water feature has been reduced to less than 250 Sq Ft in surface area that no longer requires a CUP approval but staff still doesn’t feel they can support the water feature. There is a declaration recorded against these lots stating the drinking water doesn’t meet the State of Nevada Drinking water standards and has not been addressed in the application. Staff also cannot support the RV Park or the waiver as the maximum density per NCC requires no Page 8 of 18 more than 15 units per acre and this park exceeds that limitation. Staff is recommending denial of the CUP and Waiver.

Commissioner Clark

asks for clarification on the conclusion of needing a minimum 10 acres for a convenience store.

Ms. Lee

stated it has been part of our Zoning code and the RV Park code since adopted.

Commissioner Clark

stated we are continuing to do it because we always have.

Ms. Lee

stated it is part of the Nye County Code and in August 2013 there was a text amendment to reduce it down to 5 acres from 10 acres that went before the BOCC and it failed for a lack of action at the BOCC level.

Commissioner Dolan

asks staff why we approved Mr. Hollis’s RV Park with the store.

Ms. Lee

stated the store was not approved and the store was removed and the site development was approved without the store.

Commissioner Dolan

asks for clarification on the quality of water in the area.

Ms. Lee

stated she is just going off the recorded declaration that was made by the property owners on the area. The report was done by a lab and it didn’t meet the State of Nevada Drinking Water Quality.

Commissioner Dolan

stated that is 16 years old.

Ms. Lee

stated there was nothing submitted with the application showing that it is not valid, she had to go by the document recorded.

Commissioner Dolan

states there is a lack of water out there.

Ms. Lee

stated she was contacted by Burson Farms and they were concerned that there will be another RV park in the area of their agricultural operation. They entered into an agreement 8 – 10 years ago to determine that Burson Farms pumps during the day and Lakeside pumps during the night.

Commissioner Dolan

asks Commissioner Hafen if Terrible’s pumps all of their water or are they getting water form Hafen Utility also.

Commissioner Hafen

stated they have their own water system.

Commissioner King

asks if the applicant has been approached to enter into an agreement with the other water drawers of the area to not pump at the same time.

Ms. Lee

stated that hasn’t been approached yet, but it is something that needs to be addressed if this is approved.

Commissioner Dolan

stated the new site plan is considerably less and he doesn’t see where it would draw too much water.

Ms. Lee

stated it is still a 61 space RV park they are proposing. The surface area of the water feature was the only thing reduced. Dave Richards, Civilwise Services, representing the applicant, states they have reduced the size of the pond, they have purchased water rights for the site. It will take less than 8 acre feet for the entire Page 9 of 18 project. The parcel map that was referred to with the water quality was done by Civilwise Services back in 1998. Then you were required to collect a sample at a nearby well and send it off for standard tests. Some of the items were above the range limit that was allowed. This was a standard requirement that the document be recorded with the parcel map that there could be water quality issues. It hasn’t been proven that there indeed are issue with the quality of water. In regards to the agreement between Lakeside and Burson Ranch, Civilwise services did the water right work for several years for Lakeside, there was no situation where the water levels were low. They are surprised that there is an agreement between the two.

Commissioner Koenig

asks if you remove the store what will you put there.

Mr. Richards

stated no spaces will be placed He also states that the calculations are off, they have calculated it to be 14.5 RV units per acre. It isn’t 16 as stated.

Commissioner Hafen

asks where the water rights are. Are they on the property already were they just purchased and they need to be moved onto the property.

Mr. Richards

stated they were just purchased a few months ago, they have made application to have the purchased water rights moved to the property and the client does have additional water rights that can be moved to the property.

Commissioner Clark

asks if the client is willing to surrender some of the additional water rights?

Mr. Richards

stated they already are moving what they feel is a fair usage of water rights to the property. If they end up only using 5 acre feet they will give up the additional 2 acre feet of water.

Commissioner King

asks why the general store wasn’t developed in the club house area instead of a separate facility.

Mr. Richards

stated they wanted to have a store for the campers and to have it accessible for the public.

Commissioner Carr

asks if there is a timeline together to start the project.

Mr. Richards

stated 6 to 8 months before they could start construction.

Commissioner Koenig

asks if they could turn dirt in 3 years.

Commissioner Hafen

will recuse himself from the items based on the discussion that is being had regarding a potential conflict with the utility nature of his business, the discussions on potential lowering of the water table and of Terrible’s Lakeside who is a sewer customer of his.

Commissioner King

asks if you can use grey water for the water feature.

Mr. Richards

stated the intent is to use any grey water on the landscaping throughout the park, it can be added to the water feature as they aren’t expecting people to swim in it.

Commissioner Dolan

asks if Mr. Richards has read and understood the conditions of approval.

Ms. Burson

stated she isn’t sure that was before she took over the ranch. She stated they were dormant for a few years and when they finally turned on their pumps Terrible’s pumped air.

Ms. Strickland

stated she lives directly across the street from Lakeside and they experienced the same thing when Lakeside pumps.

Mr. Richards

stated if the motion is to remove the water feature then they will remove it.

Commissioner Carbone

asks where the grey water is coming from.

Mr. Richards

stated they are doing a commercial waste water system.

Commissioner Carbone

stated it looks like a septic system.

Commissioner King

motioned to approve the MP-14-0005 and ZC-14-0010 based upon staff findings on page 2-4. Seconded by Commissioner Clark.

Commissioner Clark

motioned to approve CU-14-0008 without water feature. Seconded by

Mr. Sutton

stated if they are going to go against staff’s recommendations they need to justify each finding.

Commissioner King

states his findings for approval, for Finding #1 & #2 this doesn’t exceed the maximum square footage per square feet; Finding #3 has been stricken by the applicant; Finding #4 & #5will be addressed in the development stage in regards to the drinking water issue and by the applicants testimony; Finding #7 was already addressed in Finding #1 and #2.

Mr. Sutton

stated there was already a motion and a second, so we need a new motion with the findings.

Commissioner King

withdraws his second and Commissioner Clark withdraws his motion.

Commissioner King

motioned to approve CU-14-0008 without the water feature and based on findings. Second by Commissioner Clark.

Commissioner Clark

motioned to approve WV-14-0008. Seconded by Commissioner Dolan.

Mr. Sutton

states we need to make our findings to approve.

Commissioner Clark

justifies findings for WV-14-0008. Findings # 1, 2 & 3 are not applicable; Finding #4 this was addressed in the CUP findings and not applicable; Finding #5 this is an improvement to the facility to generate tax revenue.

Mr. Sutton

stated for clarification that the Board is free to disagree with staff but if you do so you will have to justify those findings for approval. 14. a. For Possible Action MP-14-0004: (This item is remanded from the September 16, 2014 BOCC meeting.) 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. (This item will be forwarded to the Board of County Commissioners’ meeting on November 12, 2014 at 11:00 a.m. for Final Action, unless otherwise announced.) (SO) b. For Possible Action ZC-14-0008: (This item is remanded from the September 16, 2014 BOCC meeting.) 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. (This item will be forwarded to the Board of County Commissioners’ meeting on November 12, 2014 at 11:00 a.m. for Final Action, unless otherwise announced.) (SO)

Mr. Osborne

reviews his staff report and the applicant’s impact report states that a casino is proposed and that isn’t included in their site plan. There was no proof that the ZC is necessary or appropriate based on growth or development in the community which is one of the required findings.

Commissioner Clark

asks how the casino issue has come up.

Mr. Osborne

stated it is in the Impact Report.

Commissioner Koenig

stated in the Impact Report it references traffic etcetera for a casino. Dave Richards, Civilwise Services, representing the applicant. Page 12 of 18

Mr. Richards

addresses the Impact Report and the casino referenced. The casino was proposed and has such been removed. They have a presentation they would like to review to address all the concerns.

Mr. Sutton

states the BOCC wasn’t clear about why they remanded it back to the RPC.

Commissioner Koenig

stated Commissioner Wichman stated it is because the RPC didn’t get all the information.

Commissioner Carbone

stated information was sent to the BOCC that the RPC didn’t get. The question was why it wasn’t given to the RPC, which is why they remanded it back.

Mr. Sutton

stated at the last meeting Mr. Osborne stated he had read and considered the report in making his recommendations. Now the board has it to review and you can see if any information in that particular report changes anything, although staff’s recommendations haven’t changed.

Commissioner Koenig

stated the report isn’t even up to date.

Commissioner King

asks Mr. Richards if they are wanting to change all the zoning to Commercial for the full 55 acres.

Commissioner King

asks Mr. Sutton if the applicant can rebut any of the staff’s findings?

Mr. Sutton

stated yes, but it has to be limited to the document that was provided.

Commissioner Hafen

stated at the last meeting there was a discussion that the GC zoning expired because it had a 3 year deadline on the GC zoning.

Mr. Osborne

stated that is correct. In 2007 the zone change had a 3 year time limit and it has reverted back.

Commissioner King

stated the 32 acres is actually 55 acres.

Mr. Richards

stated the Master plan shows the front half master planned as Mixed Use and the other half as Single Family Residential. The Zone change should have been expired but the map still shows it as GC. They concede it has expired and the application for the ZC is the entire 55 acres.

Mr. Sutton

stated there is a list of findings for the MP and ZC and regardless of what is presented those will have to be addressed. He suggests the applicant should go through and hit each of those points, and address additional information that supports or changes staff’s recommendations then we need to address that.

Commissioner Hafen

asks Mr. Sutton for clarification.

Mr. Sutton

states no new information can be provided, but if they need to draw from the report to address the issues they can.

Commissioner Hafen

states then the applicant can proceed going through the findings and prove to the board how their impact report addresses each one of those.

Mr. Sutton

stated yes. Page 13 of 18

Commissioner King

motioned to allow the applicant to present his presentation. Seconded by

Mr. Richards

and Paul Strange review their presentation.

Mr. Strange

addresses the previous findings for MP-14-0004. Finding #1: the project already has sufficient supply of water for the project, already purchased a waste water treatment package for the project. Finding #2 the project abuts a designated truck route per NCC. Finding #3 It is more desirable for commercial property to abut a truck route than residential. Finding #4 Commercial property is compatible with a designated truck route. Finding #5 A commercial plan is the most logical, the transition from GC to Residential would now be a county ROW, creating a physical barrier as the transition. Finding #6 the project has sufficient water and a planned waste water treatment plant. Wilson road will be completed to Nye County standards at the Project Owners expense. Leslie is a designated truck route not adding any burden. Finding #7 Traffic will be along SR372 to designated truck routes on Charleston Park Ave. and Leslie St. This creates zero impact on planned uses. Findings #8 and #9 there will be no increase in water consumption. Traffic will be routed along designated truck routes, noise will be abated with walls, berms or a combination. Outdoor lighting will be in compliance with NCC. Finding #10 The Master Plan Amendment strengthens the current MP by creating a useable commercial front on designated truck route. The barrier between Residential and Commercial will be by adding Happy Lane ROW as part of the barrier. Finding #11 the zoning ordinance does not allow this project unless zoned commercial. Finding #12 there are no know conflicts. Finding #13 no ordinance is required to change for the project to be zoned Commercial.

Commissioner Koenig

stated the county years ago had designated roads as truck route. That is where the trucks are supposed to drive. Michael Chow and Alex Delgado are both for the project.

Commissioner Clark

asks if they will be completing the extension of Wilson prior to your facility being competed.

Mr. Richards

stated phase one step one. None of the facilities can be completed until Wilson is done.

Commissioner Hafen

stated for clarification to the applicant that they are not approving any waste water treatment plan today.

Mr. Richards

stated that is correct.

Commissioner Dolan

motions to approve MP-14-0004 and ZC-14-0008 based upon alternate findings presented by Civilwise Services tonight. Seconded by Commissioner Clark.

Ms. Lee

reviews the staff report and staff is recommending a one year extension.

Mr. Sutton

stated if this isn’t extended then the penalty would be to lose the CUP. Dave Richards, Civilwise Services stated the state approvals are still being completed, and we expect them very soon so we have to ask for an extension to complete the processes.

Commissioner Koenig

asks Mr. Morales when they filed the application with the state. Rene Morales applicant, states he isn’t sure but it is a very lengthy process.

Commissioner Koenig

asks if it was 3 years ago.

Commissioner Hafen

asks what permit is required for a recycling facility.

Mr. Morales

stated a State and Federal permit.

Commissioner Koenig

asks what he will be recycling.

Mr. Morales

stated the scrap metal.

Commissioner Koenig

asks if it will be just metal, no wood.

Mr. Morales

stated yes, just the scrap metal.

Commissioner Clark

asks for an explanation of the scrap metal, where is it coming from.

Mr. Morales

stated it could be coming from Beatty or Amargosa, old cars, and old mobile homes.

Commissioner Clark

asks about the contamination of the ground water due to the oils, etcetera from the cars or machines.

Mr. Morales

stated the Engineering firm is working on that. No operations will commence unless they meet all State and Federal Regulations.

Commissioner King

asks if within 1 year they will have the business up and running.

Mr. Morales

stated he will try his best, but is requesting three years. Page 15 of 18

Commissioner Koenig

stated they granted three years, three years ago and the applicant didn’t start the process then.

Commissioner Hafen

asks if they are currently running the operations out of the formal gravel pit.

Mr. Morales

stated no, they are using it for storage. They have a dust control permit on site, but only for storage.

Commissioner Hafen

asks what the material is on site.

Mr. Morales

stated they have branches that they will eventually make mulch with it. They are just storing it there.

Commissioner Hafen

asks about the concrete and tires.

Mr. Morales

stated he is planning on crushing that.

Commissioner Hafen

asks if he has started his concrete crushing business there yet, there is a stockpile of concrete and there is a screener on site. It looks like you have already started a portion of that business.

Mr. Morales

stated he has a watchman there and some equipment stored. He has had things stolen from there so he has someone watching the property.

Commissioner King

asks if the dedication of ROW has been done yet as per the conditions of approval.

Mr. Morales

stated they have had several meetings with Public Works, Dave Fanning, Tim Dahl and Bobby Lewis the old Planning Director and it can’t be done until he submits all the paperwork. Site Development etcetera.

Commissioner King

asks if he has read and fully understood the conditions of approval.

Commissioner Goode

recommends 2 years.

Commissioner Clark

motioned to approve ET-14-0001 for no more than 12 months. Seconded by

Mr. Sutton

stated they also need to say subject to the conditions and based on the findings.

Ms. Lee

states the applicant wishes to withdraw the application.

Commissioner Hafen

motions to withdraw without prejudice. Seconded by Commissioner Dolan.

Commissioner Hafen

motions to recommend to the BOCC to approve the proposed text amendment 2014-xx. Seconded by Commissioner King.

Mr. Osborne

stated the two subcommittees on RV Parks and CUP’s, have met a few times and the RV Park committee did find changes and will come back to the board. The CUP committee determined there wasn’t anything that needed to be done.

Commissioner Koenig

would like an agenda item on the next regular meeting for discussing changes to the RPC Bylaws.

Commissioner Dolan

would like to have staff draft something up on the UICN public comment brought up regarding the CUP. Something that will direct them in writing what needs to be done. Bobby Lewis told them they wouldn’t need a CUP and now are telling them it needs a CUP.

Commissioner Carbone

stated it has already been done, they just don’t like the answer.

Commissioner Dolan

stated it can be emailed to us if it has already been done. a. Discussion of a Special Meeting of the Regional Planning Commission to address the BOCC’s referral of Recommended Future Land Use Map Changes and Document (Text) Changes related to the adoption of the 2014 PRPD Master Plan Update. Scheduled for October 29, 2014 at 2 pm at the BOCC Chambers. (CB)

Commissioner Dolan

will be out of town and would like to be there. Page 17 of 18