February 11, 2015

Commissioner King

motioned to accept the minutes. Seconded by Commissioner Hafen

Commissioner Hafen

abstaining from Items # 8 and #10.

Commissioner Adams

stated the site plan shows 15 feet.

Mr. Osborne

stated that is what was approved initially. One of the conditions is that they provide a corrected site plan.

Commissioner Carr

asked if there were any comments from the Power Company.

Mr. Osborne

stated no. Robert Dunn, applicant stated they had everything approved through the HOA.

Commissioner Goode

asked if the water box is a man hole or a water box.

Mr. Dunn

stated he believes it is metal.

Commissioner Clark

motions to approve WV-2015-000004. Seconded by Commissioner King.

Commissioner Carbone

asked if the applicant has looked at the special conditions. Page 2 of 11

Commissioner Koenig

reviewed them for the applicant.

Mr. Dunn

stated he will comply with all conditions.

Commissioner Koenig

asked if this request was listed as a special condition.

Ms. Lee

stated it isn’t due to the fact they didn’t have a survey and staff wasn’t sure what was different with the conceptual site plan versus the actual legal boundaries of the property. Public works did a site visit based on legal land division maps and they couldn’t find all of the property markers at the property. Public Works is concerned that there could be additional space available for asphalt that would eliminate the need for the waiver on the drive aisle or potential for landscape be added.

Commissioner Hafen

asked if that was Special Condition #2.

Commissioner Carr

stated there was no comment from the fire department, has anything come in afterwards.

Ms. Lee

stated the Fire Chief was present in a Pre-Development conversation we had with the property owners, externally there were no concerns from his perspective. He wanted additional information on the internal specifications where the paint booth would be.

Commissioner Carr

asked if the survey states there is additional room for landscaping is there a guarantee they will do it.

Ms. Lee

stated after review with the DA’s office that it could be added as a condition if the board would like it added. Tom Saitta, Don Trudeau and Andy Jordan

Mr. Trudeau

stated the pins are visible and the fence that is there will be coming down and there isn’t any room for landscaping. It is paved to the property edge right now. If there was room they would rather pave to expand the length of the parking spaces. Page 3 of 11

Commissioner Hafen

asked the applicants if they have read the conditions of approval.

Mr. Trudeau

stated they haven’t.

Commissioner Koenig

reviewed the conditions.

Mr. Trudeau

stated they agree to the conditions.

Commissioner Koenig

addressed Mr. Sutton asking him if there is a way to only allow this waiver to pertain to only this use and any new owner would have to come back for approval for what they want to do.

Mr. Sutton

stated he wasn’t sure if a waiver remains with a property like a CUP does. You could add it as a special condition.

Commissioner Koenig

stated it will be special condition #5.

Mr. Trudeau

stated they are in agreement with that.

Ms. Beeman

stated if they rent out to another body shop it isn’t considered a change of use. It would probably go in as the same conditions as this waiver.

Commissioner Clark

asked if there will be hazmat on the property.

Mr. Trudeau

stated there will be paint storage and the fire department will sign off on that.

Commissioner Clark

wanted to add a special condition that the fire department review the paint locker.

Commissioner King

stated that is part of the Site Development process.

Commissioner Koenig

stated condition #4 will cover that.

Mr. Trudeau

stated if Public Works comes back and wants them to put in sidewalks or two expensive to put in is there a provision to come back for that.

Commissioner Koenig

stated that would be dealt with during the Site Development process.

Commissioner Hafen

asked if PW does put in a condition at the SD process is there an appeal process of the Administrative Decision by PW.

Mr. Sutton

stated it would be tied to Planning because they have the approval of the SD also and it could fall into the appeal process through Planning.

Ms. Lee

stated Pahrump Fire Rescue is very involved with the Site Development process. They attend the site development meetings, review the plans as it goes through the process. The Building Department has an agreement for them to act on behalf of the State Fire Marshalls office and there will be fire inspections and built to code. When the business license is issued part of that includes a review from the fire department.

Commissioner King

motioned to approve WV-2015-000005 based on findings and subject to the conditions of approval and the added condition of approval. Seconded by Commissioner Carr. Page 4 of 11

Commissioner Hafen

asked for clarification of the added special condition of approval. If the property owners want to change from the trust to the company name will that be okay, he doesn’t like this added condition.

Mr. Trudeau

stated it has already changed from the trust to the Saitta Trudeau LLC.

Ms. Lee

reviewed her staff report and staff is recommending a 1 year extension subject to the conditions that there be xeriscape landscaping, reduced amount of grass turf, no decorative water features on property and park density is reduced to 12 RVs per acre in addition to the special conditions of approval listed in the staff report. With changes to condition #6 would like to remove the word nearest, and changes to the last sentence of Condition #10 so it will read “any extension of time must be applied for prior to the date of expiration in compliance with Nye County Code.” Also adding Condition #11 that the property owner/developer must provide 3:1 water mitigation plan to include 2 afa of water rights relinquishment and 1 afa to satisfy Nevada DWR or utility provider requirements for each afa of proposed usage.

Commissioner Koenig

asked if this was the second extension for this CUP.

Ms. Lee

stated this is the first extension of time but it is the third time this project has been before the RPC. It was approved originally in 2010, the ZC was set to expire in 2012 they reapplied for the ZC and in 2012 let the original CUP expire and reapplied for a new one. This is the first extension of time on the approval from 2012.

Commissioner King

asked when the RV Park will actually happen.

Ms. Lee

stated the letter provided said the economy decline was the reason that the RV Park hadn’t started yet. The letter also states there will be commencement of construction by the end of 4th quarter 2015. There have been no water studies, traffic studies, they haven’t made any determinations on whether they will utilizes a commercial well or septic system or annex into a utility tariff area.

Commissioner Hafen

asked for clarification on the additional condition that was added.

Ms. Lee

stated this condition was also added to the most recent American Eagle RV Park & Resort.

Commissioner Hafen

asked if it is tied to the DWR requirements or the Utilities requirements and not the 2 afa relinquishment. Page 5 of 11

Ms. Lee

stated it is tied to one or the other but it is for each 2 afa of proposed usage. Darrin Pappa, representing the developer.

Mr. Pappa

asked if within the 1 year time frame they would need to have the project stated and completed.

Commissioner Koenig

stated that generally means you have to be turning dirt before the expiration.

Mr. Pappa

stated based on those conditions and conversations with the developer that is how he drafted his justification letter and they are hoping to within this year start the site development processes.

Commissioner Koenig

asked about the quality of water, had it been tested previously. If the water is bad you will have to run pipes to some utility.

Mr. Pappa

stated he didn’t know.

Commissioner Clark

asked how close the site plan is to what they actually will be doing.

Mr. Pappa

stated it is close, but density could change and size of the septic field, as they have agreed to comply with the new condition.

Commissioner Clark

asked if they have read the conditions of approval.

Commissioner Clark

would like to focus on #4. Is there a plan for a water feature?

Mr. Sutton

stated it is important to make it clear for the applicant what will satisfy the completion of the conditions of the CUP and when he knows to come in to ask for an extension of the CUP if needed.

Ms. Lee

stated when the building permit is issued there is also a grading permit. There have been occasions as long as we are substantially through the site development review process there are mechanisms that an early grading permit could be issued in certain circumstances. You can tie it to the issuance of a building permit or grading permit. They won’t be able to turn dirt until they have a grading permit in place and an approved dust control plan.

Commissioner Koenig

stated two years from now they could have valid permits but haven’t started anything yet.

Commissioner King

stated he would suggest a minimum extend to a onetime 2 year extension.

Commissioner Hafen

stated the condition that states if the drinking water doesn’t meet standards they have to connect to a utility company. He doesn’t believe this property is annexed in to any utility service territory, and if they are required to connect to a utility company it would require PUC approval and that could take 6 to 18 months.

Commissioner Koenig

asked how close the nearest utility is.

Commissioner King

stated UICN has a facility on the other side of Thousandaire, on Romena. Page 6 of 11

Commissioner Hafen

stated Pahrump Utility has service territory across the street.

Mr. Pappa

asked if under condition #6 they can treat the water if it fails to meet the drinking water standards.

Commissioner King

stated that is correct.

Commissioner Carbone

stated we have 710 RV spaces approved throughout all our approved RV Parks.

Commissioner Clark

asked if there is a business plan.

Mr. Pappa

stated he is the Engineer on the project and if there is he isn’t privy to that.

Commissioner Adams

motioned to approve ET-2015-000001 for 2 year extension with additional conditions added. Seconded by Commissioner King.

Commissioner Clark

stated one thing he wants to make sure this project doesn’t go out of business as soon as it opens. He would like to see a business plan submitted with any RV Park.

Ms. Lee

reviews her staff report and staff is recommending approval, subject to the conditions listed.

Commissioner Hafen

motioned to approve PM-2015-000002 based on staff findings. Seconded by Commissioner Adams.

Commissioner Goode

stated this will cause complaints from the surrounding owners if they want to bring in livestock.

Commissioner Koenig

stated there are three options to choose from. These are all zoned VR-20 but 1 acre parcels.

Commissioner King

would like IT to set up a comment section on our website to get a feel of what the residents in the area are wanting to see.

Commissioner Hafen

asked if we have a zoning category that encompasses 1 acre lots that does not allow livestock.

Commissioner Hafen

stated he believes option C would be beneficial.

Commissioner King

would like to know what the neighbors would feel about the possible zone change.

Commissioner Koenig

asked if there is a way to send out a questionnaire to that area.

Ms. Beeman

stated yes we can.

Commissioner Koenig

asked if there was already a horse on the property.

Ms. Lee

stated that the property owner has a pending issue with Animal Control with the amount of dogs he has.

Commissioner Hafen

asked what the code says for the difference in the number of dogs you are allowed to have between VR-20 and RE-1.

Commissioner Carbone

stated under Title 6 states if you want to have over 5 dogs requires a permit.

Ms. Lee

stated under Title 17 you can have 5 dogs for your own personal use. You can have 6 - 10 dogs in the larger zoning districts called the Multi-Pet Permit Tier I. RE-1 and larger over 10 dogs you need to have a CUP for the Multi-Pet Permit Tier II.

Commissioner King

asked how many dogs he has. Could this be addressed with SE, Suburban Estates?

Ms. Lee

stated SE allows the Multi-Pet Permit Tier I as a permissive use, and Multi-Pert Tier II as a CUP, but also excludes livestock. That would benefit the person that came to public comment last month.

Commissioner Hafen

asked Mr. Sutton if we are okay with continuing to speak about dogs. Page 8 of 11

Mr. Sutton

stated without any proposed action we are still talking about how to accommodate this one particular request so we can continue.

Commissioner Koenig

asked if they want to poll the neighbors under option B.

Mr. Sutton

stated he wants to make sure this will be okay with Darrell Lacy with the Planning’s budget the way it is. If he comes back stating this isn’t an option with the budget, Mr. Sutton wants him to be able to opt out of this.

Ms. Beeman

stated we are cutting our budget, we can look at some options that can be done online to reach the people to save time and money.

Commissioner King

motions to direct staff to bring back a proposal to change zoning under option B VR-20 to RE-1 including all 28 parcels. Seconded by Commissioner Clark.

Commissioner Hafen

asked for clarification are they directing staff to bring back a zone change or feedback.

Commissioner King

amended motion to direct staff to investigate and poll property owners as to their thoughts on the zone change from VR-20 to RE-1, under option B. Commissioner Clark seconded.

Mr. Osborne

stated there is an MOU and these changes will require the consent from EPA and NDEP.

Commissioner Koenig

would like to see a low cost alternative for the small business owner to use instead of being required to use just asphalt. NCC 15.28 shows some alternatives and none of them are in the study, add them to your study as applicable.

Commissioner Hafen

would like to see the previous item that was sent to the BOCC and rejected, as part of their back up for their reference.

Commissioner King

asked if staff had information on what the cost of this alternative material shown is to actually paving.

Mr. Osborne

stated no, he didn’t have that information but could do further research on costs.

Commissioner Koenig

would like to have the Chairman’s comments added to the agenda. They will be comments that the board members have and will be directed through the chairman not for discussion.

Commissioner Koenig

directs staff to consider looking at zoning for Phase V in Artesia. They are zoned VR-20 and are 15,000 sq. ft. lots, he would like some recommendations for rezoning.

Commissioner Koenig

would like staff to review and define body of water, and bring an action item to discuss deleting or making body of water a non-permissive in OS areas. They would be required to have a CUP for a body of water.

Commissioner Koenig

would like Mr. Sutton to a definition of when a chairman is eligible or not eligible to be a chairman. It states now that any officer shall serve no more than two consecutive terms. Should there be something different there.

Mr. Sutton

stated there could be two interpretations, you serve your two terms and you are done for the remainder of your time on the board, or you serve your two terms, there be a year break and you can serve up to another two year term.

Commissioner Koenig

stated it could be you could serve two years during the period of time you are appointed on the board.

Commissioner Koenig

would like the procedural rules for meetings to be rewritten, as it states now we hold public comment after the motion has been made. Under public hearings public comment is before the motion is made. Public comment needs to be heard before we make a decision.

Commissioner Koenig

directed staff to start a review of the parking regulations for a future meeting.

Commissioner Hafen

stated he has previously asked for the By Laws to be looked at in regards to the eligibility of the BOCC Liaison as the Vice Chair.

Mr. Osborne

stated his property was rezoned in 2007, he at one time had some type of repair business. If he isn’t able to provide documentation that he is grandfathered he wants to have the property rezoned. Page 10 of 11

Commissioner Koenig

directed staff to get with Mr. Polena, if it needs to be rezoned bring it back to us.

Mr. Osborne

asked if he can’t establish it as a grandfathered use, come back with a Zone Change application?

Commissioner Koenig

stated it could also be brought back as a CUP to reinstate a grandfathered use.