October 29, 2014

Commissioner Koenig

has a conflict with item #19, if there is discussion on the item he will recuse himself from the meeting.

Commissioner Koenig

stated we will take the map changes first. Page 1 of 10 Mason Harvey, stated they agree of staffs recommended changes for Map Reference Numbers # 27, 28, 29, 30, 31 and 32. Rachel Kryder, Civilwise Services, agree with the text changes for #27 and 28. Language specific to utilities in Community Development Areas and Business Industrial Areas. Chris Dingell, representing items # 14, 15 and 16. They would like 14 and 15 to be CDA as it was recommended by staff to the BOCC and would like clarification on #16. Cheryl Beeman clarifies that item # 16 had been duplicated to the BOCC. In the motion it was made to strike item # 25. The duplicate item (#25) is now item #16, the board forwarded item #16 as a recommendation as LDR not RDR which shows in the back up today.

Commissioner Koenig

asks if item # 16 is being recommended for LDR. Items 14 & 15 are either LDR or CDA.

Mr. Dingell

stated that is acceptable and items 14 & 15 are CDA.

Commissioner Hafen

asked for clarification on item # 16, staff is recommending staying with RDR?

Commissioner King

motioned for items #14 and 15 to recommend approval of CDA for both items. Seconded by Commissioner Hafen.

Commissioner Clark

would like to know what the zoning is on all of those parcels.

Commissioner Hafen

stated some are zoned NC and some are RH-4.5 and it would be helpful to know what they are looking at. Cheryl Beeman stated two corner parcels are NC and the rest are RH-4.5.

Commissioner Hafen

asks for clarification on the parcels numbers recommended for CDA. They are 035-111-21 through 24.

Ms. Beeman

stated the recommendation for AP’s 21 through 24 are the two that are zoned NC and the two directly below it.

Commissioner Koenig

stated the four that front on Blagg are recommended CDA and the others are recommended RDR.

Ms. Beeman

stated correct. Page 2 of 10

Commissioner Hafen

asks for clarification on the infrastructure on Blagg.

Ms. Beeman

stated there is water and sewer on Blagg Road.

Commissioner Clark

asks for clarification from Mr. Murphy as to what he has planned for parcels in item #2.

Mr. Murphy

stated he has no plans for them right now.

Commissioner Clark

motions to accept staff’s recommendations for Map Reference #1, items #1 and #2. Item died for a lack of second. For Item #1)

Commissioner Hafen

motioned to change the land use designation for parcels fronting on Irene Road from RDR to CDA based on property owner’s testimony. Seconded by Commissioner King.

Commissioner King

motions to accept staff’s recommendations for the 8 remaining parcels not fronting Irene or Blagg to maintain the RDR designation. Seconded by Commissioner Clark.

Commissioner King

asked Mr. Murphy if he understood what the motions were.

Mr. Murphy

stated yes, the CDA is on the parcels fronting the two roads and residential on the others. He stated that isn’t what he wanted but he understands why it was done. Map Reference #2

Mr. Murphy

stated he is fine with the CDA. Map Reference #3

Ms. Beeman

stated for Map Reference #3 it was brought up by Mr. Murphy’s. He owns one of the parcels along Dandelion. We are looking at the group as a total.

Mr. Murphy

stated he is fine with the CDA on his properties. Map Reference #4

Mr. Murphy

stated it is okay. Map Reference #14, 15

Commissioner King

motions for CDA for items #14 and #15. Seconded by Commissioner Hafen.

Mr. Murphy

stated that is a gravel pit and the zoning is LI. He wants the master plan to accept the gravel pit because it is grandfathered and he wants it to remain grandfathered.

Commissioner Koenig

stated it is his understanding that unless you change the use of a grandfathered property it remains grandfathered.

Commissioner Hafen

asks for staff to confirm that this is zoned Light Industrial.

Ms. Beeman

stated that it is zoned Light Industrial.

Mr. Murphy

is concerned if his Master Plan Designation is changed he will lose his grandfathering. He thinks he would like it to be Master Planned RIA.

Mr. Lacy

stated in RDR you can have a gravel pit in the RH-9.5 zoning with a CUP.

Commissioner Hafen

stated you can also have a gravel pit in LI zoning with a CUP also.

Ms. Beeman

stated those are correct. There isn’t a zoning category where a gravel pit is a use that is permitted by right.

Commissioner Clark

asks for clarification from the DA’s office on the grandfathering.

Mr. Sutton

stated we aren’t changing any zoning, his current use if LI which allows him to operate a gravel pit. If they change the master plan designation it doesn’t affect the zoning. If he in the future wants to do something different with that property it must be in conformance with the master plan. He will have either a grandfathering or conforming use capacity continue to operate his gravel pit.

Commissioner Hafen

asked Mr. Sutton if they would be allowed under the zoning to do any light industrial that is permissive under the LI zoning, no matter what the master plan designation is changed to.

Mr. Sutton

stated that is correct.

Commissioner Hafen

asked Mr. Murphy if he is happy with the zoning of LI and if he plans to change the zoning in the future.

Mr. Murphy

stated he isn’t happy with LI, you can’t have a gravel pit there, but that has nothing to do with this.

Commissioner Carbone

asked Mr. Lacy if the reference of the Bureau of Air Pollution Control references a dust permit.

Mr. Murphy

stated he isn’t required to go through the State right now. As long as he isn’t over the half acre he doesn’t need a County or State permit.

Commissioner Hafen

stated looking at the County Code for LI, gravel pits aren’t permitted. They aren’t a use subject to a CUP either. Page 4 of 10

Mr. Sutton

stated he miss spoke, the original analysis would still stand. He would be grandfathered and could continue working as a gravel pit.

Commissioner Dolan

would like clarification as to why in the staff recommendations it states the gravel pit may or may not have grandfathered status.

Ms. Beeman

stated that would be because she didn’t do any analysis on the use of the property.

Commissioner Dolan

stated if it isn’t relevant then it should be removed.

Commissioner King

motions to take no action on #34 and follow staff’s recommendations. Seconded by Clark.

Mr. Murphy

stated the recommendation is RIA and he is okay with that. Map Reference # 36

Mr. Murphy

stated this is two 40 acre gravels pits with RH-4.5 zoning. Ron Murphy, Jr. stated RH-4.5 doesn’t allow gravel pits.

Mr. Lacy

stated that is correct. Map Reference # 37

Mr. Murphy

stated this property is zoned NC, and he is okay with this one. Map Reference # 38

Commissioner Koenig

stated staff recommends RDR.

Mr. Murphy

stated it is okay. Map Reference #39

Ms. Beeman

stated they have recommended RDR and they could change to LDR.

Mr. Murphy

stated he has no issue with RDR.

Commissioner Koenig

stated LDR fits better. Map Reference #40 Ronnie Murphy doesn’t understand why this is on the list.

Ms. Beeman

stated at the beginning of the process the Murphy’s met with staff and asked for all their properties to be placed on a list and evaluated as to what it is today and what the Master Plan update will do to their property. All those properties are on this list and the properties that aren’t resolved in the past meetings have remained on this list.

Mr. Murphy

, Sr. stated he would be requesting RDA.

Commissioner King

stated RDA isn’t compatible with the zoning. CDA would be more appropriate there.

Commissioner King

motions to recommend the two parcels to CDA. Commissioner Carr seconds. Page 5 of 10 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. Map Reference #41 Ronnie Murphy stated he requests CDA.

Commissioner King

motioned to recommend the parcel changed to CDA. Seconded by

Mr. Murphy

stated he is fine with what it is. Map Reference #43

Mr. Murphy

requested either RDA or CDA.

Commissioner Clark

motioned to recommend the changing the parcel to CDA. Seconded by

Commissioner Koenig

abstains from item #19. Commissioner Hafen takes over as Chairman.

Ms. Beeman

stated this was requested by the property owner and the letter is in your back up.

Commissioner Clark

motioned to accept staff’s recommendations to change to CDA. Seconded by Commissioner Carr.

Commissioner Koenig

asked for any board discussions on map changes.

Commissioner Hafen

would like to discuss items # 25 and 26. Map Reference #25

Commissioner Hafen

would like staff to clarify the CDA recommendation. He believes that RDA would be more appropriate.

Ms. Beeman

stated this request was brought forth by the property owner, Kim Washington. Page 6 of 10

Commissioner Koenig

believes it should stay RDR.

Commissioner Hafen

asked what the current use of the property currently.

Ms. Beeman

stated the two pieces of property are undeveloped.

Commissioner Hafen

stated the statement that water and sewer in the vicinity is a broad statement.

Ms. Beeman

stated yes, but it is in the vicinity.

Commissioner King

motioned to leave it Master Planned RDR. Seconded by Commissioner Clark.

Commissioner Hafen

stated the more appropriate designation is RDR or RDA.

Commissioner Dolan

motioned to leave it Master Planned as RDR. Seconded by Commissioner Clark.

Ms. Beeman

reads an email into the record in regards to Item #23 and #24. “My name is Daniel Abendroth and my wife and I along with my in-laws, Michael and Joanne Sharkey,own a property in Nye county. APN#035-032-55. On your special meeting today it is map reference number 24. We are unable to attend today but would like this letter to be as our voice of what we want our property to be zoned as. we bought it with the zoning as general commercial. We want the classification to be BIA, Business Industrial Application. As there is already business industrial usage along Mesquite Ave.so changing it to allow possibilities of high intensity housing with the zoning of a CDA community development area would complicate any future planning of the area. Please enter this as our voice and leave both sides of Mesquite Ave to what is going on and buildings that already are there which is commercial use. Also Chuck the owner of Pahrump Valley Recycling after discussing this with him also wants the same classification of BIA. It is on your map reference number 23. He is also unable to attend this meeting also due to constraints in scheduling. Sincerely, Daniel L. Abendroth Debra Jo Abendroth”.

Commissioner Dolan

motions to recommend a change for items #23 and #24 as BIA. Seconded by Commissioner Clark.

Commissioner Hafen

motioned to take staff’s recommendations for items 2 through 13, 16 through 18, 20 through 22, 27 through 33, 35 through 39, 42, and 44. Seconded by Commissioner Carr.

Ms. Beeman

has additional information for items #25 and #21 and would like to have them accepted.

Commissioner Hafen

motioned to accept the additional information from staff. Seconded by

Commissioner Hafen

asked Ms. Beeman to clarify if the additional back up for Item #21 is new.

Ms. Beeman

stated the new information starts at page 2, starting at goal 6. NRS wants it added to the Public Facilities and Services section of the Master Plan.

Commissioner Koenig

stated it says only if the City of County only adopts a portion of the plan. If they adopt the entire plan it will be unnecessary.

Ms. Beeman

stated that is correct.

Commissioner Carr

suggested for item #2 to add developers in the section that states “This information helps individuals, “developers” and realtors”.

Commissioner Carr

motions to add Developers to #2 or DRN #2. Seconded by Commissioner King.

Commissioner Hafen

stated he is concerned that adding “and developers, and realtors” we are limiting ourselves. Individuals could also reference LLC’s, Corporations etcetera.

Mr. Sutton

the word individuals doesn’t seem to be defined in the update, we are just talking in general. If we are going to go that route, we should eliminate the words realtors and just say “to help individuals to coordinate the purchase”.

Commissioner Carr

withdrew his motion.

Commissioner King

withdrew his second. Page 8 of 10

Commissioner Carr

motions to eliminate the reference to realtors from item #2. Seconded by

Commissioner Clark

stated he would like to included “and other interested parties.”

Mr. Sutton

stated we could just add this information helps interested parties to coordinate the purchases and use of property.

Commissioner Dolan

asks if we are going to remove Item #21 entirely, since it doesn’t apply.

Mr. Sutton

stated it does apply, NRS states we have to add it.

Commissioner Dolan

stated we are adopting the whole document.

Commissioner Koenig

stated we don’t know what the County is going to do with the plan.

Commissioner Dolan

asked Ms. Beeman, on Figure 4.2, the potential southern airport beltway loop, when was that proposed.

Ms. Beeman

stated that proposal has been in Public Works and Planning documents since before 2000. Document Reference Number #25

Commissioner Carbone

would like to add that the 0.5 is based on measurable data. He would like it to say “according to measureable data the average domestic well use at 0.5 acre feet per year.”

Commissioner Hafen

stated he would like to have the “convert to gallons if you wish” out of the document.

Commissioner Hafen

motions to remove “convert to gallons if you wish.” Seconded by

Commissioner Hafen

asks if this portion would only affect Valley Electric.

Mr. Lacy

stated no, part of the state law states to put it in our master plan and for us to put a Special Use Permit in place, this is for essentially for proposed new projects.

Commissioner Hafen

asked if we have had any input from any above ground companies on this.

Mr. Lacy

stated they could have interceded at the Legislative process.

Commissioner Hafen

motions to change Objective A from “CUP to SUP”. Seconded by

Commissioner King

. Page 9 of 10