October 14, 2015

Commissioner Carr

motions to approve. Seconded by Commissioner Clark.

Commissioner Hafen

has two disclosures but will make the disclosure before the particular items. 8. a. For possible action – ET-2015-000002: Public hearing, discussion, deliberation and possible action on a request for an Extension of Time (ET) to extend the expiration date for an additional one (1) year for Conditional Use Permit CU-11-0012 to allow the development of an asphalt and concrete plant, a gravel crusher/screen and a scrap metal yard on three adjoining parcels of 10 acres each and Waiver WV-11-0009 to allow less than one thousand feet (1,000’) separation from a residential property line and waive the requirement for opaque screening, walls or fences around the perimeter, on property zoned Heavy Industrial (HI), located at 1811 & 1941 E. Simkins Road and on an adjoining parcel without any physical address, located approximately 1,500 feet east of the intersection of State Highway 160 and Simkins Road, further described as the NE ¼ of the NE ¼ of the NE ¼ of Section 20, Township 19 South, Range 53 East, M.D.M., P#8408. Efrain Rene Morales Moreno – Property Owner/Applicant. Civilwise Services Inc. – Agent. AP#’s 027-361-01, 027-361-02 & 027-361-04 (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. The original CUP was approved for a 3 year time limit which was pending expiration in 2014 due to the failure to meet the conditions of approval. In 2014 there was a 1 year extension granted which is due to expire October 15, 2015 and currently the property is pending sale to a new owner. Staff is recommending approval a one year extension of the application request, subject to the standard and special conditions of approval.

Commissioner Oscarson

asked if since the extension they haven’t meet the conditions again. Page 2 of 12

Ms. Lee

stated correct, since 2014 to present the conditions of approval have yet to be met.

Commissioner King

asks if the applicant can have this completed in 1 year or will they come back next year. Noberto Madrigal stated yes they will have it done.

Commissioner King

asked if this was for the asphalt/concrete plant, gravel crusher, scrap metal yard, correct.

Commissioner King

stated condition 4 request dedication. Are you prepared to follow through with all those items? Paul Strange, Civilwise Services, stated yes, but they would like the board to remove the ROW requirements on the three boundaries that aren’t on any established corridor. Tim Dahl, stated they have met with Mr. Strange and Mr. Fanning had determined it wasn’t necessary to ask the applicant to dedicate ROW along those Southern boundaries. The applicant did agree to Panorama, Simkins and Avenue of the Stars.

Commissioner Hafen

asked for clarification on whether County Code requires paved legal access.

Mr. Dahl

stated if these were adjacent to paved roads they would be doing that, it is required for development to improve fronting their property but at this stage they can’t see the relevant requirement.

Commissioner Koenig

asked for clarification that the only dedication would be Avenue of the Stars, Panorama and Simkins.

Commissioner Carr

asked if there has been anything that has changed significantly in the conditions of approval. Such as dust, truck loads etcetera.

Commissioner Koenig

stated that will be address in item B.

Ms. Lee

stated if they move forward with the gravel operations there are dust control requirements that they will have to follow at the County and State levels.

Mr. Strange

stated they have started applying for and researching dust permits and researching what it will take to get a gravel crusher on site to start gravel operations. It is the intent of the applicant to start those operations before the end of the year.

Commissioner Clark

asked the applicant how close they are to finalizing the purchase of the property.

Mr. Madrigal

stated they are just wanting for the documents to be recorded.

Commissioner Clark

asked if the applicant would be amendable to a 6 months extension instead of 12 months.

Commissioner Koenig

stated the 1 year gives them the time to get all their permits.

Commissioner Clark

would like just a status report instead of a final resolution. Page 3 of 12

Commissioner Adams

stated for condition #5 it could state the CUP expires in 1 year or the CUP expires in 30 days if escrow doesn’t close.

Mr. Madrigal

stated 1 year is fine, their intention is to move forward with the gravel pit. Escrow could close tomorrow or longer.

Commissioner Adams

stated the condition could be if escrow doesn’t close in 60 days then the CUP expires.

Commissioner Hafen

asked for clarification from the DA’s office on whether or not the board can take into consideration property owners and only look at land use.

Mr. Sutton

stated you are. However if the change in ownership is a significant bases on your decision than putting a condition on escrow can be acceptable.

Commissioner Oscarson

stated he would like to see this CUP expire, escrow close and then a new CUP be applied for.

Commissioner Clark

stated we need resolution on this CUP.

Commissioner Oscarson

asked Mr. Madrigal if he was involved in this from the beginning.

Mr. Madrigal

stated no he wasn’t. His involvement was to create a landfill, and Mr. Morales had his own plans for the property.

Commissioner Koenig

stated item A was approved twice before, we have a new owner that is interested in continuing to accomplish the goal.

Commissioner Hafen

asked for clarification from Mr. Madrigal on the two previous Extension of Times. Two months ago a document was recorded against the property that was signed in 2012. Which was before the first extension of time, however he stated he had no involvement with the property before.

Mr. Madrigal

stated in regards to that he is correct. It was never Municipal Solid Waste, it was only supposed to be construction waste.

Commissioner Adams

asked Mr. Madrigal if he would be okay with dropping scrap metal from Item A.

Mr. Madrigal

stated he is okay with that.

Mr. Sutton

stated for clarification on what he stated earlier. The commission should never consider who a particular owner is in making a decision but they can consider a change in ownership.

Commissioner Carbone

asked if they are talking about Item A or Item B individually or together.

Commissioner Koenig

stated they are looking at Item A individually.

Commissioner Adams

motions to approve ET-2015-00002 removing the words scrap metal and modify Condition #4 that there be a 40’ easement on Panorama, 30’ on Simkins and 30’ on Avenue of the Stars, removing the other easements. Also adding that the CUP expires in 60 days if escrow doesn’t close, or the CUP expires in 1 year.

Commissioner King

motioned to approve ET-2015-000002 striking scrap metal yard and modifying condition #4 that the ROW be a 30’ easement on each street listed and eliminating the other requirements and granting a 1 year extension. Page 4 of 12 Tim Dahl stated Public Works would like 50’ on Simkins Road, 30’ on Ave. of the Stars and 40’on Panorama for ROW.

Commissioner King

modifies motion to 50’ on Simkins Road, 30’ on Ave. of the Stars and 40’on Panorama. Seconded by Commissioner Adams.

Ms. Lee

reviewed the staff report. The person interested in doing the recycling operation isn’t the current property owner, staff doesn’t feel they have clear and concise information on the mixed use materials recycling operation on the property. This property has already been denied a CUP for a landfill in 2014. Staff is recommending continuation of this application to allow escrow to close so the person interested in doing the recycling facility is the legal property owner and to allow time to collect the additional information needed.

Commissioner Hafen

asked for clarification on a dirty murph and a clean murph.

Ms. Lee

stated a dirty murph is solid waste that is sorted into recyclable and non-recyclables. They are then taken to a clean murph to be separated into glass, plastic etcetera.

Mr. Strange

reviewed his presentation and stated they have no intent to do a landfill. The NDEP permit they have applied for is the class III for Dust in regards to the gravel pit. If there is any additional waste it gets separated out and taken to a land fill. The recycling facility will be to sort out the materials, taken to a facility in Las Vegas where they will be sorted into potential recyclable and potential non-recyclable materials. The non-recyclable material will stay in Vegas the potential recyclable material will come here. The potential recyclables will be brought into Pahrump and additionally sorted then will be loaded on a truck and taken out.

Commissioner Koenig

stated there have been several violations against Lunas Construction in Nevada and California. They don’t want waste being brought in from other places and being left in our town.

Commissioner Clark

stated his concerns about contamination of the drinking water in the area with a recycling facility.

Commissioner Hafen

asked if Mr. Madrigal agrees with all Mr. Strange has stated in his presentation.

Commissioner Hafen

stated Commissioner Koenig pointed out there have been several violations in Vegas and elsewhere and asked for clarification on the statement that Mr. Strange made that his business hasn’t had any issues in Vegas.

Mr. Madrigal

stated he didn’t hear Mr. Strange say anything in regards to not having issues or problems. In this business you will run into violations. The issue in California if you have over 500 tires on one property that is a violation, they counted a container that already had tires shredded and they counted that as 40. The Page 5 of 12 fine was reduced though. Southern Nevada Health District fined them for a puddle of water that the water truck created watering for dust control purposes because there were depressions in the asphalt making the puddles.

Commissioner Hafen

stated his family has run a waste water plant for over 20 years and they have never had a violation. If you run a business properly you can operate it without violations. He asked for clarification on the MOU that was recorded. Mr. Strange stated your intent was to not operate a landfill, but the MOU executed in 2012 but only recorded 2 months ago states the intent is to operate a land fill and bring in Municipal Solid Waste.

Mr. Madrigal

stated the MOU was to state the intentions of the two parties in 2012. Their attorney told them to record the document to protect their interests with what they have put into the property. It has nothing to do with trying to go through with a land fill. They just want to continue the CUP.

Commissioner Koenig

would like clarification brought back on how it will be controlled and not turned into a land fill. He is concerned that the MOU was signed in 2012 and just recorded.

Mr. Madrigal

agrees it was poor timing, but legal counsel told him he had no protection they recorded the document to protect themselves.

Commissioner Clark

asked Mr. Madrigal if the violations were unfairly written. There are two pages of violations.

Mr. Madrigal

stated he believes so. They didn’t bring it to their attention for 18 months.

Commissioner Koenig

stated there is also one from Air Pollution Control in Las Vegas. Mr. Strange stated you had no problems in Las Vegas.

Commissioner Carbone

asked for clarification on the process of getting the recycling materials at the clean murph. What landfill and what is the process to get it there. Would there be an agreement with the landfill to pay per load or pay a tipping fee?

Mr. Madrigal

stated we would pay whatever the tipping fee is at the permanent landfill.

Commissioner King

motioned to continue CU-2015-000009 based on findings and discussions.

Commissioner Hafen

asked for the potential issue of water contamination addressed. Will the recyclable facility be concreted, lined or just open gravel, will there be flood channels to prevent the flood water from flooding your facility and taking the recyclables and non-recyclable materials and penetrating the ground from oils. Anything else that could be hazardous to the water table addressed if this does get continued.

Commissioner Oscarson

would like clarification on fire access and also asked Public Works how they feel about taking the waste and putting it in our land fill.

Mr. Dahl

stated is will shorten the life of the land fill to have additional material from out of town.

Commissioner Koenig

stated we need an answer as to where it will be going.

Commissioner King

continued his motion to continue CU-2015-000009 based on findings and requesting that the applicant respond to all requests, questions and provides staff with current information so they can provide clear answers. Seconded by Commissioner Adams.

Ms. Lee

asked for a designation to when the item will be reheard.

Mr. Strange

said 60 days would be acceptable. Page 6 of 12

Commissioner King

amended motion to include continuing the item to 60 days. Commissioner Adams amended his second.

Commissioner Carbone

would like 1212.050 into the motion for the protection of the roads.

Commissioner King

amended to include Commissioner Carbone’s concern with the roads. Seconded by

Commissioner Hafen

disclosed a family related business does own property next to the parcel being created. He will be participating in the item, this will not affect his judgement in any form.

Ms. Lee

reviewed her staff report. Staff would like to strike condition of approval #23 and reword condition of approval #22 to state any outstanding water rights relinquishment or transfers must be resolved prior to the issuance of the Certificate of Occupancy. Staff recommends approval based on findings, and special and standard conditions of approval.

Commissioner King

asked why the lots are being created in the shape that they are due to the buildings they plan on placing there. Dan Harris stated lot #2 is the configuration it is due to needing a new connection point for lot 2 Lot 2 will not be developed at this time. The first jog is for a future driveway to lot #2, there will be a cross access agreement between Lot 1 and Lot 2 and the driveway will intersect Loop Road and eventually go in and serve lot 2. The additional jog on the SE portion of lot 1 was to allow for a retention basin to help control the flood water that comes off the mountain.

Commissioner King

asked if lot has access from Powerline Road.

Mr. Harris

stated lot 2 does have access, however as they go forward to develop lot 2 they want access off of Loop Road.

Commissioner Hafen

asked for clarification on which conditions are being deleted.

Ms. Lee

stated #22 is being reworded to encompass both conditions of approval. Essentially #22 and #23 cover the same topic.

Commissioner Hafen

asked where the condition is coming from.

Ms. Lee

stated it came from the resolution of the Water Board that Mr. Lacy commented on during his director’s report. Page 7 of 12

Commissioner Hafen

stated the resolution that was agreed upon but not jointly signed by the BOCC.

Commissioner Hafen

asked if we have ever added a condition like this to any other project before.

Mr. Lacy

stated this is the start and everything moving forward will have this. We will be bringing text amendments to you for ordinance changes and these conditions of approval on any of our discretional approvals moving forward.

Commissioner Hafen

stated the conditions are only on items #9 and 10.

Mr. Lacy

stated those are not new projects.

Commissioner Hafen

stated #8b and #11 are and this should apply to everyone and not just new applicants. If it is in the county code it should apply. Something like this could be very substantial.

Mr. Lacy

stated they will be bringing an ordinance forward. Item #11 is not using any water, it is for a sign. Item #8a was an Extension of Time, #8b could have picked it up and they will address that in the Site Development review process. Part of this is to provide notice as early as possible in the process to the applicant what is required of them and what the water issue is, and it doesn’t state how many water rights are required.

Commissioner Carbone

stated once it is codified we won’t have to do this any longer. They then would be meeting all codes and conditions. We are just trying to move forward and give them notice.

Commissioner Hafen

stated it needs to be written in code and apply to everyone.

Mr. Lacy

stated they are moving forward with that and they also have discretionary approvals at this stage that we can do that. The wording in the resolution it was a request from the BOCC and Water District to this board that all discretionary approvals include that.

Mr. Harris

stated he agrees and the water right relinquishment processes needs to be solidified. The intent is understood but he just wants to create a parcel.

Commissioner Koenig

stated the question is when the relinquishment occurs, at this stage or later.

Mr. Lacy

stated at this stage we don’t know how much water usage they will have so we don’t know how much water to relinquish. That is still in process, they need to meet with the utility owners to make sure there is an agreement. That is why they put it prior to the C of O.

Commissioner Hafen

asked Mr. Harris if he as read and agreed to the Standard Conditions of Approval.

Commissioner Koenig

asked Mr. Lacy what would happen if they did just state it as a notice. How would that change the intent of that condition?

Mr. Lacy

stated they are strictly there to provide notice to the applicant. If they would like to change it there is not a problem with that.

Commissioner Hafen

motioned to approve PM-2015-000009 based on findings and subject to standard conditions and striking Special conditions #22 and 23. Seconded by Commissioner Clark.

Ms. Lee

reviewed her staff report. Staff recommends approval subject to standard and special conditions of approval and striking condition of approval #23 and also striking #25 and rewording #24 similarly to the previous item regarding water rights relinquishments or transfers. In regards to condition of approval #22 asking for the offers of dedication for Basin Ave and Margaret St. if the board chooses to approve the parcel map the motion needs to include the acceptance of the ROW, and a condition that Margaret is designated a Minor County Road.

Commissioner Hafen

asked for clarification on the recommend motion in regards to Margaret being designated as a Minor County Road.

Ms. Lee

stated under NRS if you designated a county road as a minor county road, the county isn’t responsible to maintain it.

Mr. Dahl

stated that is correct, the NRS requires that they designate general, major and minor. By designating it a minor county road it means they aren’t responsible to maintain or liable for what happens there.

Commissioner Hafen

stated he doesn’t feel condition #24 is appropriate and it needs to be written into code first.

Commissioner Carbone

stated just because it isn’t in the code doesn’t mean it isn’t effective. There is an effective date.

Commissioner Koenig

asked for the effective date.

Mr. Lacy

stated July 27th, 2015.

Mr. Harris

, applicant, stated this is one of the final steps to finally getting the VA clinic in Pahrump.

Commissioner Hafen

asked if Mr. Harris has read and approve of all the conditions of approval.

Mr. Harris

stated yes they agree.

Commissioner Hafen

asked if they Special Condition of Approval #22 regarding dedicating Margaret St as a Minor county road concerns him. Page 9 of 12

Commissioner Hafen

motioned to approve PM-2015-000010 based upon findings and subject to the conditions listed, striking conditions #23, #24 and #25 accepting the offer of dedication of 40’ of this property fronting Basin Ave and 30’ of this property fronting Margaret St with the corresponding designation of a Minor County Road. Seconded by Commissioner Oscarson.

Commissioner Hafen

stated for his clarification on the motion his intent is to strike #23, #24 and #25 and reword #22.

Commissioner Hafen

stated he will be abstaining from this item, he currently sits on the Hospital Community Board.

Commissioner Oscarson

stated he will abstain from this item, as his father is employed by Desert View hospital.

Ms. Lee

reviewed her staff report. This application is to create a new 2,000 sq. ft. lot for the purpose of developing an improved sign for Desert View Medical Center. The waiver is to waive the minimum lot size in the CM zoning district and to waive the water rights relinquishment is because the proposed future development for this newly created parcel will not involve any occupancy of structure or use of water. If approved the applicant will be required to record and note on the map a notice of restriction of the ability to drill a domestic well. In the future if the sign is removed water rights relinquishment will need to be done prior to any different development. Staff recommends approval of applications, subject to standard and special conditions of approval and striking condition of approval #23. Page 10 of 12

Commissioner King

asked if this is all CM zoning. Are we creating an illegal lot? What is the minimum lot size for CM?

Ms. Lee

stated the minimum lot size is 10,000 sq. ft. That is why the applicant is asking for the two fold waiver. Kelly Adams, CEO of Desert View Hospital. They would like to improve the signage and identifications for the hospital.

Commissioner Adams

asked if the sign will conform to the Nye County Sign Ordinance.

Ms. Lee

stated yes and due to the location of the property along highway 372 they will be required per the Sign Ordinance they come back to the RPC for a CUP.

Commissioner King

motioned to approve PM-2015-000011 and WV-2015-000016 based on findings and subject to the conditions of approval and striking condition # 23. Seconded by Commissioner Adams.

Mr. Osborne

reviewed his staff report. The Multi-Pet Permit Tier II would be removed from the RE and SE zoning districts but remain in the RH zoning districts.

Commissioner King

asked for clarification on Tier II.

Mr. Osborne

stated a Tier II is for anything over 10 dogs and cats. Limits after that are whatever the RPC approves.

Commissioner King

motioned to recommend to the BOCC for them to consider eliminating Multi-Pet Permit Tier II from the RE-1, RE-2 and SE Zoning districts as a CUP. Seconded by Commissioner Adams.

Commissioner Hafen

asked if they can still apply for a CUP for the Tier 1 under the zoning districts.

Commissioner Koenig

asked for clarification on the VR-8 and VR-10. Page 11 of 12

Mr. Lacy

stated we have had our first meeting with the members of the community. We need one or two meeting still, we aren’t where we need to be yet.

Commissioner Koenig

stated we need to start implementing the Master Plan.

Mr. Lacy

will bring back at the next meetings proposed text amendments on the water issues.

Mr. Lacy

stated they passed and resolution and directed staff to incorporate into discretionary approvals and to start amending the code to implement as soon as possible. At residential lots we do that at the parcel map and subdivision map stage, it is a simpler process and is part of the approval process people dedicate water to that. One of the challenges of the Commercial development process we don’t know what the water usage will be until a later time in the process. When a parcel is formed you aren’t sure what activities will be done on the property. It is part of the site development review process. Debra Strickland spoke in regard to the last water district meeting where Oz Wichman was directed by Jason King to complete a table they talked about. The next meeting is January 26th for the Water Board?

Mr. Lacy

stated that meeting is for the Groundwater Management Plan Advisory Committee. The next Water Board meeting is October 26th.

Commissioner Koenig

stated that isn’t anything that is handled during this meeting, it can be discussed after the meeting.