January 14, 2015

Commissioner Koenig

stated he has some changes on the minutes. The changes were” Page 1 of 11

Commissioner Koenig

asks if they have ready the special conditions of appro val and adds a condition that the dogs come in at 8 pm and not out before 6 am; Commissio ner Hafen asks the applicant how many dogs they plan on having at one tim e. Ms. Forrey stated 10 to 15;

Commissioner Hafen

asks if they would be amendable to a limit o f 25 dogs added as a special condition of approval. Ms. Forrey stated yes; Commissioner Clark asked for c larification of 20 adult dogs on the property. Ms. Forrey stated yes. Under the motion is shou ld state “Commissioner Koenig motions to approve CU-2014-0000 2 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.”

Commissioner King

motioned to approve with amendments. Seconded by Commissioner Hafen.

Commissioner Koenig

would like to call a special meeting for this. Angela Bello, District Attorney, stated they are drafting up the pa perwork to get this start ed. It will just need to be circulated with in the DA’ s office and sent to their council for agreement on what was reached today. Special meeting is tentatively set for January 30, 2014 at 2 pm.

Commissioner Koenig

stated he is pulling items 9 and 10.

Commissioner Koenig

stated members need to attend the training.

Commissioner Koenig

stated the BOCC approved the RV Park, legally they need a CUP for the RV Park, and there will be no lake.

Commissioner Hafen

verif ied with staff that all the special conditions of appr oval listed on the CUP also include the conditions set forth from by the BOCC for the Zone Change.

Commissioner King

motioned to approve CU-2014-000001 for only the 17 acre RV park port ion of the CUP, i ncluding additional special condition of approval #16 as requested b y staff for the Page 3 of 11 xeric landscaping be used as much as possible in development and lim iting the grass to 2,000 square feet. Seconded by Commissioner Clark.

Mr. Richards

asked if they are serious about the 2,000 square feet landscaping.

Commissioner Clark

asked what the o riginal agreement was, what caused that agree ment to happen. Cheryl Beeman st ated his development happene d prior to zoning. At the time we were developing the 2003 Master plan. Ther e are goals, policies and objectives in the docum ent that outline the systematic removal of the billboards that are in accordance with the NRS. Which require a public hearing.

Commissioner Clark

doesn’t understand why billboards are considered offensive.

Ms. Beeman

stated the community listening sessions for the Master Plan the i ssue was raised on the disturbance of the bill boards. T he Town of Pahrump also have it listed i n the Comm unity Assessment in 20 11. In other Tourism and Economic Development studies that the Cou nty has participated in the billboards are a consistent sore spot for the community.

Commissioner Clark

asked if there was an agreement signed that said the billboard would have to be removed.

Commissioner Clark

stated if there was an agreement shouldn’t the owner of the billboard receive something because it has to be removed.

Commissioner Koenig

stated NRS covers that. If there is an agree ment because he wants to develop then you don’t have to compensate them. If he is just being told to take it down then he is to be compensated. But that isn’t the case here. Dan Simmons stated the history is that Andy wanted to develop on land he had. He was given a choice at the BOCC meeting and he did agree to a 10 year extension. Page 4 of 11 Any Jordan stated he wanted to develop the property and he was under the gun and he agreed to it.

Mr. Simmons

stated if he was given a 10 year moratorium or extension and I could start bui lding now I would have agreed too. Let him keep his sign and rescind his Notice of Violation. This is part of the Master Plan it isn’t an ordinance.

Commissioner Koenig

stated there is n o county code that states you have to t ake the billboard down. The Master Plan has a policy contained within the Master Plan. The problem is th at he agreed to take it down.

Mr. Simmons

stated it is in the 2003 Master Plan. This will cause him to loose income.

Commissioner Carbone

stated if he was so c oncerned about t he billboard why did you sign a letter in 2006 stating you would take it down in 2014.

Mr. Jordan

stated he never signed a letter.

Commissioner Carbone

stated he has the letter.

Mr. Jordan

stated he didn’t have a choice he needed to get his building up.

Commissioner Carbone

stated you could have come back to this Commission and ask them to not do it. But you signed the letter stating you would take it down February 2014.

Commissioner King

stated if the board was to give you a 1 year extension on this to give you the opportunity to petition the BOCC to either create or amend an ordinance on the billboards would that work for you.

Mr. Jordan

stated no, he would be making the same mistake he did last time. He would rather the Commissioners look at it.

Commissioner Clark

ask how many other violations there are out there. Are there 10 more or is this the only one.

Mr. Lacy

stated they don’t have a number for you at this time. Mr. Howard stated there are three more out there right now.

Commissioner Clark

stated he is concerned that we will handle these one at a time. As far as he can recall this issue has never co me up while he was on the board. If there are more potential violations out there shouldn’t we table this and try to sort out the other billboar d owners as well. What is a reasonable policy to handle this? Page 5 of 11

Mr. Simmons

stated he has talked to all the othe r billboard owners and the y are afraid of this. This applies to everyone and they won’t build on their properties because of this.

Commissioner Koenig

stated whatever decision is made tonight will set a precedence.

Mr. Lacy

stated this was a Special Condition of Approval on a Zone change ab out 10 years ago. Special considerations were given to Mr. Jordan. All ZC, CUP and other t hings have conditions that are placed on the items. The board asks the a pplicants if they have read and agree and the y have the option to say yes or no.

Commissioner Clark

stated we should table and gath er the other billboard owners and let us here what they have to say.

Ms. Beeman

stated the policy has alread y been made in 2003 with the adoption of the Master Plan and again as carried forward with the 2014 Master Plan.

Commissioner Clark

stated policies can be changed.

Ms. Beeman

stated we have co mmitment from billboard owners that are very willing to remove the billboards from their properties.

Commissioner Carr

asked if the billboard is da maged by wind, stor m etcetera and exce eds a certain percentage it goes away.

Ms. Beeman

stated that is already outlined within the NRS.

Commissioner Koenig

stated he made an agreement to take it down, 11 years ago. That is all they can go on.

Mr. Simmons

stated by having him take down his sign it m ight set a precedence but the next sign owner might not have that condition placed on him. This was from a 2003 policy that was passed.

Commissioner Clark

stated he doesn’t believe there is a policy.

Commissioner Koenig

stated it is in the new just approved Master Plan, same policy.

Commissioner Goode

asked how many of these signs are disrupting or in the Frontage Road area.

Commissioner Hafen

stated this is why he doesn’t like conditions to Zone Changes. If this is going to be a policy of the board it should be an or dinance so that it is consistent for everybod y. If we are going to deny his appeal then we need to direct staff to bring back an ordinance stating that if you build a buil ding you will remove the billboard. T hough Mr. J ordan did sign an agreement.

Commissioner Clark

m otions to continue AP-2014-000002 for 60 days for staff to draft an ordinance that would treat this globally. Seconded by Commissioner Goode.

Mr. Moynahan

stated Unit 2 is supposed to mirror unit 1 that has utility boxes in the sidewalk. So now we will have a subdivision built two different ways. They would be fine rem oving within Nye County ROW out of the statement.

Mr. Dahl

sta ted this is a result of seei ng a prob lems and in conjunction with their consultant recommending not having these appa ratuses within the sidewalk or in the County easement. It would eliminate the unnecessary burden on the public to pa y for repairs to the utilities in the absolute occurrence that they will fail. The consultant also had ADA concerns with having the boxes in the sidewalk area.

Commissioner Hafen

stated he thought it was county policy to have water meters, electrical boxes in the sidewalk. They are ground level and a wheelchair should go over them.

Mr. Moynahan

stated this needs to be a precedent County wide.

Mr. Dahl

stated that is correct.

Mr. Moynahan

stated this is something that should be looked at during a final map. They are just trying to get a tentative map approved.

Mr. Dahl

stat ed because o f the problems in the past no one wants to take responsibilit y for the repairs.

Commissioner King

agreed that we should endeav or to place the utilities where it is the least impact on the sidewalks and also agreed that this should be addressed in the Final Map.

Commissioner Carbone

asked Mr. Moynahan if he agreed with what Public Works is trying to get across on getting those out of the sidewalk.

Mr. Moynahan

stated they agree for the reason they are stating because the utility companies may not be taking care of them. He has told the Count y that if the utility companies won’t respond to fixing anything to call William Lyon Homes at any time and they will take care of the situation.

Mr. Dahl

stated they have been able to revi ew the subdivision improvement plans prior to i t coming to the RPC. The development has done ever ything except this and this is why they have tried to ask for the RPC’s support in ensuring that utilities don’t get placed within the sidewalk.

Commissioner Carbone

asked if it is possible to not make it a condition but a note that it would come back in the final map.

Mr. Sutton

stated he agrees that at the tenta tive map or even a final map stage is not the appropriate place to do thi s, it is better addressed through an ordi nance change. He reco mmends removing the condition. There needs to be more discussion on this before a precedent has been set.

Commissioner Hafen

stated as it is written it would not allow any water or sewer lines that would allowed in the ROW. He can’t support that.

Commissioner King

motioned to approve TM-2014-000001 based on the findings and conditions of approval and removing special condition #23. Seconded by Commissioner Hafen.

Ms. Lee

r eviewed her st aff report and reco mmends approval as stat ed and subject to the conditions of approval.

Commissioner King

asked if the names have been submitted to the mapping administrator or post office.

Ms. Lee

st ated they were submitted to them and heard nothing back from them. They did hear back from Pahrump Fire and they don’t have any issue except the clarity of the na mes as they come across the radios, and they are okay with the names.

Mr. Moynahan

agrees to the conditions.

Commissioner Hafen

motioned to approve SN-2014-000001, specifically Laurel Lane and Glory Vine Lane, based on findings and subject to the special conditions as listed. Seconded by

Ms. Lee

reviewed her staff report and recommends approval of the application subject to the conditions of approval. Dan Harris, applicant apologized for not showing the 30 foot ROW that Public works is asking for. He agreed to all the special conditions of approval.

Commissioner Hafen

asked if Mr. Harris has read special condition of approval #4.

Mr. Harris

stated yes, but he doesn’t anticipate any other conditions other that item #3. Any other conditions he assumes would come up in the site development. If that condition could be taken off and considered at the site development stage he would prefer that.

Commissioner Koenig

stated it is a solar project.

Commissioner Hafen

asked Mr. Sutton if they can legally place a condition that Planning and Public Works can add conditions at any time.

Mr. Sutton

stated you are supposed to have notice at the time of zone change to what you are agreeing to.

Mr. Harris

stated he would like to have condition #4 removed. Further comments he would be fine with.

Commissioner Hafen

motioned to approve ZC-2014-000003 based on the findings and subject to the special conditions of approval and deleting special condition #4. Seconded by Commissioner Clark.

Ms. Beeman

stated she went through the Ma ster Plan and created a task list. She would like to have a meeting to review the ta sks. Onc e this is worked out we n eed to work wi th the Groundwater Management Plan, the Water district and many others with the implementation of the Plan.

Commissioner Koenig

stat ed he would like the Commissioners to prioritize their top 10 an d review how it is worded in the Master Plan a nd send suggested changes to Ms. Bee man if you would like them reworded. We can th en take the 6 different views of the top 10 and come up with the top 5 out of those and work on them. Page 9 of 11 17. Director’s Report. None. 18. Appoint member to represent the RPC on the Capital Improvements Advisory Committee for a 2 year term.

Commissioner Koenig

recommends to appoint himself as he has been there for 7 years and is the Vice Chairman.

Mr. Sutton

stated the BOCC makes the final decision on placing members on the committee. 19. Future Meetings/Workshops: Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time of Future Pahrump Regional Planning Commission Meetings. Tentative special meeting is set for the January 30th at 2 p m –Waiver for UICN to remediate the ponds.

Mr. Sutton

stated when we addressed item s 9 and 10 we continued them contingent upon setting the special meeting. The next regular meeting February 11, 2015 at 6 pm.

Commissioner Koenig

directs staff to look at parking lots for small businesses now that we have extended our MOU.

Mr. Lacy

stated that is one of the areas that he had requested some flexibility, and the y agreed they would hear our requests.

Commissioner King

asked if the gentleman who requested new zoning has sp oken to Planning Staff.

Ms. Lee

stated y es he had a conversation with her, stating he thought he was fine with 1 acre. They didn’t realize until they had a vis it from Animal Control that they were in violati on of the NCC.

Commissioner King

aske d if there a re other properties in the are a that are in similar circumstances with VR-20 that are 1 acre of larger.

Ms. Lee

stated yes she believes the entire length of the street are 1 acre of larger zoned VR-20.

Commissioner Koenig

stated he would like st aff to com e back with a recommendation for rezoning.