May 13, 2015

Commissioner King

stated his changes to the minutes the date needs to be corrected, and a word removed on page 5, item #9 where it states “file map number” strike the word file, within the motion. Celeste Sandoval stated there was also a motion that was omitted from the minutes for item #8 regarding the zone change.

Commissioner King

motioned to accept the minutes with the corrections as stated. Seconded by

Commissioner Hafen

stated he will be abstaining from Item #10. 8. a. For possible action – WV-2015-000010: Public hearing, discussion, deliberation and possible action on a request for a Waiver (WV) application to waive the development standards for landscaping where installation within sixty (60) days of the building’s occupancy is required per NCC 17.04.740.C.1, located at 2501 E Wheeler Pass Road, further described as 5.26 acres of the 40 acres of Government Land Patent #10142, being the NW ¼ of the SE ¼ of Section 13, Township 20 South, Range 53 East. Wulfco LLC – Property Owner. Symphony Animal Foundation – Applicant. Laraine Harper – Agent. AP# 035-271-10. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (BL) b. For possible action – CU-2015-000006: Public hearing, discussion, deliberation and possible action on a request for a Modification to Conditions of Approval or Extension of Time (ET) application for CU-11-0002 to allow two (2) to five (5) years to install landscaping where installation within sixty (60) days of the building’s occupancy is Page 2 of 8 required per NCC 17.04.740.C.1. Wulfco LLC – Property Owner. Symphony Animal Foundation – Applicant - Laraine Harper – Agent. AP# 035-271-10. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (BL) Beth Lee reviewed her staff report. Staff supports any of the options listed in the staff report. Laraine Harper, applicant stated they are about 95% done with exception of signage and a stop sign and the landscaping.

Commissioner Carbone

asked for clarification in the final action memo from 2011 item #10 states a drainage study, traffic study and 40 foot ROW easement on Powerline Road.

Ms. Lee

stated that was a standard statement that was always included so the applicant was aware that these items could be required of them. It is now notified in the application and any studies or traffic plans are handled under the approved site development plan. Conditions #11 and #14 have been completed, #12 has been started but not completed. The applicant has received the property owner’s signature on the offer of dedication on everything that was required, but hasn’t been to the BOCC yet, item #13 needs to be completed first. Condition #15 has not been completed because she hasn’t applied for her business license yet, because that is the final step that needs to be taken.

Commissioner Carbone

asked if Title 6 will have to be injected into this, since it wasn’t completed in the 3 years.

Ms. Lee

stated she heard from Animal Control and they will monitor the facility like everyone else and will be inspected by Animal Control.

Commissioner Hafen

asked Ms. Harper if she has read and understood all conditions of approval.

Commissioner Clark

motions to waive the landscaping requirements. Seconded by Commissioner King.

Commissioner Adams

stated with waiving the landscaping we are grandfathering the property that there will never be a landscaping requirement if the gravel pit closes. He suggested that it be brought back if the quarry does close.

Commissioner King

stated they could add a special condition that if the gravel pit closes that the waiver be revisited by the Planning Commission or the Planning Department.

Commissioner Carbone

asked if Wulfenstein is still using it as an active pit.

Commissioner Clark

asked if you can see the sanctuary from any of the surface streets. Page 3 of 8

Commissioner Koenig

stated there are two for sales signs up on the property right now. Jeff Phillips, applicant, stated there are for sale signs up on the property it is speculative but it is the potential to do something right now. It is along a paved road, there are businesses along there and they have no plans to do anything on the property. He doesn’t believe the property is a good place to have a home. He would like it to be commercial.

Commissioner Koenig

stated there are homes across the street and in the area.

Commissioner Hafen

asked if Mr. Phillips participated in the Master Plan re-designation of the entire valley.

Mr. Phillips

stated they had been since they purchased the property in 2008. When it started in 2008 the indication was shown to him that it would be some sort of commercial designation there. In the recent master plan he wasn’t involved, but every year it seems like they are coming up with a new one.

Commissioner Hafen

stated it is a statutory requirement to do them every 5 years. Page 4 of 8

Mr. Phillips

stated they did ask a few years back.

Commissioner Hafen

asked if they participated in the overall rezoning of the community when it when from OU to residential.

Mr. Phillips

stated he believes that was in 2008 and he submitted a letter stating it shouldn’t be zoned OU.

Commissioner King

asked if they plan on developing the property at all.

Mr. Phillips

stated no, he doesn’t want to build a home or live on the property.

Commissioner King

stated in the back up there is as conceptual plan for a couple of units, parking along with well, septic etcetera.

Mr. Phillips

stated he hasn’t applied for any permits or hired anyone to draw up plans.

Commissioner King

asked staff if a BO in some areas where there is a mix of business and residential as they see on Mesquite.

Mr. Lacy

stated there are some grandfathered uses there but the majority of the commercial activity were pre-planning and zoning activities. It isn’t just limited to one area on Mesquite. From a Planning perspective they have tried to encourage commercial development where there are utilities present.

Commissioner Goode

asked how far west this is from Blagg.

Mr. Phillips

stated it is less than ½ mile from Leslie and 1200 feet from Linda.

Commissioner Hafen

stated the property directly next door is a cabinet shop.

Mr. Lacy

stated it is a residential home with a large commercial business behind the home, grandfathered MU.

Commissioner King

motioned to deny MP-2015-000001 and ZC-2015-000005 based on staff findings and discussions. Seconded by Commissioner Clark.

Commissioner Hafen

asked for clarification from the DA that the motion was stated properly since there was no recommendation made by staff.

Ms. Zlotek

stated yes. Page 5 of 8 Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bob King, Gregory Hafen II, John Koenig, Joseph Goode, Paul Carr, Robert Adams, Vincent Clark.

Mr. Phillips

asked if there was a way to revisit this. Is there anything in the county process?

Commissioner Koenig

stated you first go to the BOCC meeting on June 16th @ 11 a.m. They are the final say on zone changes. You can come back in 6 months to reapply.

Mr. Osborne

stated it is a one year waiting period if denied.

Mr. Osborne

reviewed his staff report stating VR-20 is the appropriate zoning and staff recommends approval.

Commissioner Koenig

stated for the record that Commissioner Hafen abstained from the item and had left the room.

Commissioner King

motioned to approve ZC-2015-000006 based on findings and subject to the conditions in the staff report. Seconded by Commissioner Adams.

Mr. Osborne

reviewed the revised matrix provided. VR-20 is showing the proposed changes to show the same setbacks as VR-10 and changed the accessory buildings attached to the principal building. The accessory buildings now must meet the accessory building setbacks and not the principal building setbacks.

Commissioner Koenig

asked how this is to be brought back for approval. Page 6 of 8

Mr. Osborne

stated it will have to be brought back as an ordinance and come back to the RPC then to the BOCC.

Commissioner Koenig

stated to direct staff to bring item back to RPC as an ordinance.

Commissioner Koenig

stated there will not be much discussion on this item, unless there is additional back up from staff.

Commissioner Hafen

motioned to accept additional back up from staff. Seconded by

Commissioner Koenig

would like to bring this back to the next meeting.

Commissioner Hafen

asked if this would be a change to the County Code and if it would come back to them as an ordinance change.

Commissioner Koenig

directed staff to bring this back to the next meeting as an ordinance change.

Commissioner Koenig

would like on the next meeting agenda an item to add to the definitions the definition of a casita. Staff (Darrell, Steve and Beth) to come up with a short training session for CUPs for members of the board prior to the next meeting, starting at 5 pm as a special meeting.

Commissioner Koenig

would like a Mobile home ordinance, set up a subcommittee to develop an ordinance. Placing Commissioners Hafen, Clark and Carr on the subcommittee. Also to bring back items #13 & #14 to the next meeting.

Commissioner Koenig

stated they have already heard the agenda and it is to go to the BOCC next week.