December 10, 2014

Commissioner King

motioned to approve the minutes of October 15 and October 29 as written. Seconded by Commissioner Dolan.

Commissioner Koenig

stated he has a memo from Wendy Barnett requesting a continuation to the January meeting. Darrell Lacy stated he doesn’t understand why they are requesting a continuation when they have stated the County is delaying the project. They have known of his decision of the requirement of a CUP since July. He is concerned why they are requesting additional delays.

Commissioner Dolan

motioned to continue AP-2014-000001 to January 14th meeting. Seconded by

Commissioner Koenig

stated he wo uld like to add to the special conditions of approval, one that the Board of County Commissioners agree to amend the Development Agreement and that a solar photovoltaic facility be built on the property.

Commissioner Hafen

aske d if the Development Agreement (DA) amendment has gone to the BOCC yet.

Mr. Osborne

stated they have set the public hearing and it is set to be heard for the 16th.

Commissioner Hafen

asked if one parcel is master planned Light Industrial (LI).

Mr. Osborne

stated, correct. One parcel is LI and the other is Mixed Use.

Commissioner Hafen

asked if once the DA is amended by the BOCC they won’t have a zoning category so that is why they are here to have it addressed tonight.

Mr. Osborne

stated that is correct. Tim Sutton asked Commissioner Koenig for clarification on the additional conditions. The change is conditional upon the amendment of the DA, correct?

Commissioner Koenig

stated yes. Dan Scott, manager of Desert Badger LLC. They purchased the two 80 acre parcels under a specific plan at the time. That plan is going to remain in place although they lose these two parcels. They would like to amend the plan and remove them. If they take them out they will need some type of zoning, they are suggesting LI so they can market them for sale. They have received interest from a few solar companies wanting to build a solar facility.

Commissioner Koenig

asked Mr. Scott if he has read the conditions of approval and agrees.

Mr. Scott

stated yes, he has read them but would like to hear the condition about the solar.

Commissioner Koenig

stat ed the condit ion was to have the Solar Phot ovoltaic facility on t he property.

Mr. Scott

sta ted they are currently just workin g with a developer on the sola r, there isn’ t a conceptual plan to develop. They just need to get the zoning properly so that they can sell the property.

Commissioner Clark

stated they are looking at a re quest to change this for a solar farm. You are asking for a target that is bigger.

Mr. Scott

stated if there is a more appropriate category then he would be for it. He would like to narrow his marketing for a number of uses. He just wanted to let the board know he has interest from a solar facility. He isn’t asking for a solar development. He just wants to r ezone so they can market the property. Page 3 of 11

Mr. Lacy

stated one option they can have is that anything other than a photovoltaic facility will be required to have a CUP.

Commissioner Dolan

stated his concerns on the effects of inverters in solar projects.

Commissioner Clark

stated inverters can be shielded and he doesn’t believe this is a bad project to have.

Commissioner Carr

asked how many residents are in Rogers Esta tes and have there been any meetings amongst the residents. Marla Quercia stated there is 100 % opposition to the project with the residents.

Commissioner Clark

motions to deny ZC-2014-000001 based on the testimony and states this isn’t conforming to the existing zoning in the area and the residential uses that are currently in the area.

Mr. Lacy

stated the land directly adjacent from Rogers Estates is Master Planned Light Industrial the zoning around there is zoned General Commercial.

Commissioner Clark

stated to the East of that area is residential. 1200 feet is too close for a project this size.

Commissioner Koenig

asked Mr. Sutton if the findings were sufficient.

Mr. Osborne

stated the a pplicant is wanting to develop a m ini storage fa cility and st aff is recommending approval based on the findings.

Commissioner Hafen

stated under finding #2, it states it is surrounded by residential on each side. Is this correct?

Mr. Lacy

stated across the street is the sewer plant and the property that was given to the Town for a Fire Station.

Mr. Osborne

stated that is correct.

Mr. Lacy

stated on the Manse road side it is Master Planned Mixed Use and Zoned RE-1 and VR- 20. Dave Richards, Civilwise Services, re presenting the applicant. They agree with all the staf f findings with this item. The properties adjacent are MU and are both vacant. He would assume it would be something compatible with the MU zoning.

Commissioner Hafen

stated the property next door isn’t zoned MU it is Master Planned MU and zoned residential.

Commissioner King

asked if the part of the property that isn’t devoted to actual storage units will be paved.

Mr. Richards

stated that is correct, and it will have some landscaping also.

Commissioner King

stated that will impact the drainage from the property.

Mr. Richards

stated they understand, they will do a drainage study for the property.

Commissioner King

asked about dedicating the ROW in front of the property since Public Works has asked for that. Will the property owner agree to that.

Mr. Osborne

stated that is condition #3.

Commissioner Carr

asked if the property will be a card entry facility, no one to monitor the facility.

Mr. Richards

stated that is correct, no office or employees on site.

Commissioner Carr

asked if the contract would st ate they have the right to enter and inspec t contents.

Commissioner Dolan

asks if they have read and understood the Conditions of Approval and Special Conditions of Approval.

Commissioner Koenig

stated he will add two additional conditions. Condition #5 there will be no automobiles or RV’s stored on the property and C ondition #6 the height of the wall around the property will be at least 8 feet solid concrete block wall.

Mr. Richards

stated they are fine with those ex cept the only side of the property that the y are concerned with is the back of the property. They are planning a 6 foot decorative block wall along the sides and it will be solid block.

Commissioner Koenig

asked if it will be 6 foot on the sides and 8 foot on the rear.

Mr. Richards

stated yes. Philip Boggs stated the property to the East and West of the property is zoned residential.

Commissioner Koenig

stated the fence will need to be made 8 feet along the sides and 6 foot in the front.

Mr. Lacy

corrected his previous statement. The development agreement with Mountain Falls they have to provi de lots for C ommunity Facilities. The one fronti ng Romena is the site for a Fire Station and the larger one is believed to be a school site.

Commissioner Borasky

stated since there won’t be a caretaker on site that there be a condition that there shall be no flammable items on site.

Commissioner Koenig

stated Condition #7 will be no flammables on site.

Mr. Richards

questioned if an individual wanted to store an antique car inside the facility that is a problem.

Commissioner Koenig

stated no auto or RV storage outside.

Commissioner Clark

asked if there won’t be anyone on site, how will anyone be able to rent a unit.

Mr. Richards

stated there will be a number on site and at any time someone can meet them at the facility. A lot of the storage facilities in town don’t have offices on site.

Commissioner Clark

is just concerned about the security and the drainage of the property.

Mr. Richards

stated they do have to go through a drainage study and t hey will abide by all the requirements. You will have controlled flow, the block wall and other techni ques to control the drainage from the property.

Commissioner Koenig

stated Pub lic Works has stated a rain st udy needs to be submitted during site development. Page 6 of 11

Commissioner Hafen

stated in the NC zoning they have talked a conceptual site plan to develop as a mini storage, but there isn’t anything stating that it has to be developed as a mini storage.

Commissioner Koenig

stated it is listed as a condition.

Commissioner Hafen

asks Mr. Sutton if the board can place that as a conditi on since this is for a zone change.

Mr. Sutton

stated y es, the applicant is requesting a zone change with a propo sed project. If we grant the zon e change based on the pr oposed project and they change the pr oject we hav e no protections. There isn’t anything wrong with putting conditions on that we hold them to the project that has been proposed. If you put a condition on that they are limited to a mini storage and they increase the amount of units there should be flexib ility for them to make some changes based on that.

Commissioner Hafen

is opposed to the block wall being put up on the East and West side. He agrees that the wall should be 6 feet on the East and West sides.

Commissioner Goode

asked if Mr. Richards has reviewed this with the Fire Department.

Mr. Richards

stated they have not y et. They will have reviews of the design pl ans and there are fire regulations they have to adhere to when they get into the final design stage.

Commissioner Koenig

reviews the added conditions of approval. Condition #4 is that there will be a mini storage facility built using the five acres, Condition # 5 no auto or RV storage outside of the units, Condition # 6 the height of the wall will be 8 feet except the front which will be 6 feet, and Condition #7 no flammables stored on premise.

Commissioner Dolan

stated he agrees that 6 feet should be the height of the walls on the sides.

Mr. Richards

stated he wo uld like the walls on the sides to be 6 feet also, but will agree to the 8 foot height.

Commissioner Dolan

m otions to ap prove ZC-2014-000002 with findings shown, conditions of approval as listed and the added special conditions as stated and changing condition of approval #6 to the back wall being 8 foot and the side walls to a 6 foot fence. Seconded by Clark.

Commissioner Koenig

stated the applicant is requesting continuation. Page 7 of 11

Commissioner Hafen

motions to continue CU-2014-000001 to the January 14, 2105. Seconded by

Commissioner Clark

asked why the property had the kennel only till 2010.

Ms. Lee

stated he chose to stop the use in 2010 and she believes moved out of state.

Commissioner King

asked if they are requesting the CUP for both parcels or just one.

Ms. Lee

stated the eastern property on Jollie Wa y is where the kennels are located. The pre vious property owner lived on the other property. The y just never did a merger re-sub map to revert it back to a 5 acre parcel. There has been discussi on on the subject. It can be added as a condition of approval, if the grandfathering is reinstated on the Jollie property it can run sufficiently on the property. They will be the owners on both.

Commissioner King

asked if both properties are served by a domestic well.

Ms. Lee

stated that is correct, under the DWR requi rements if they merge back to a 5 acre parcel they would have to abandon a well and a septic.

Commissioner King

asks if the well on the Jollie property is a commercial well and asked if there were commercial water rights to it.

Ms. Lee

stated she hasn’t researched it fully yet. Jeanette Forrey, applicant reviews their backgro und with training animals and presents a powe r point displaying and showing what they do as a company. They have kennel silencers to keep the noise down, landscaping and privacy fences.

Commissioner Koenig

asked if the y have read the conditions of approval and the adding that the dogs shall be brought in by 8 pm and not out before 6 am.

Commissioner Clark

asks for clarification on what a kennel silencer is. Page 8 of 11

Ms. Forrey

stated it transmits a sound that the dogs don’t like. It isn’t a sound that can be heard by human ears. It helps the dogs learn they need to calm and settle down.

Commissioner Koenig

asks if they have ready the special conditions of appr oval and add s a condition that the dogs come in at 8 pm and not out before 6 am.

Commissioner Hafen

asks the applicant how many dogs they plan on having at one time.

Ms. Forrey

stated 10 to 15.

Commissioner Hafen

asks if the y would be amendable to a lim it of 25 dogs added as a special condition of approval.

Commissioner Clark

asked for clarification of 20 adult dogs on the property.

Commissioner Koenig

motions to approve CU- 2014-00002 based on findings, adding that there not be more than 20 adult dogs on the property and the dogs be brought in by 8 pm and not outside before 6 am. Seconded by Commissioner Carr.

Commissioner King

motioned to approve PM-2014-000001. Seconded by Commissioner Dolan.

Commissioner King

asked for clarification on the conditional acceptance. Tim Sutton explained the background and purpose for conditional acceptance.

Commissioner Hafen

motioned to accept the 30 feet wide offer of dedication of rights of way for both Steath Road and Nellie Street, conditioned upon t he Board of Count y Commissioners designating both as Minor County Roads. Seconded by Commissioner King.

Commissioner King

motioned to accept the revision of the bylaws of the Pahrump Regional Planning Commission. Seconded by Commissioner Clark. Tim Sutton requested the date at the beginning of the bylaws be changed to reflect this meeting date.

Commissioner Hafen

asked staff to make a r ecommended revision to the bylaws that the Commissioner liaison is not eligible to hold a positionof vice-chair, secretary/clerk. Current bylaws only restrict the liaison from serving as chair.