December 9, 2015

Commissioner Adams

motioned to approve. Seconded Commissioner King.

Commissioner Hafen

stated for Item #9 one of his families business that he works for developed Artesia and owns the adjoining lots to the application and he also sits on the Artesia Owners Association board and will be abstaining from that item. For Agenda Item #11 he states “I am making the following disclosure prior to the vote on this matter. I feel I do not have any conflict of interest pursuant to NRS 281A.420 in this item that would affect my vote in any manner. My family and/or I owns property that is zoned VR8, VR10, & MF; such as my house I live in, in Artesia. The item of discussion tonight involves a matter of general application such as an ordinance or resolution. I would not receive any monetary gain from participating in this or voting on this matter. I have not accepted any gifts or loans nor do I have any commitment in a private capacity to the interests of others that would affect my independence of judgment. I conclude that the independence of judgment of a reasonable person in my situation would not be materially affected in this matter and because this is not a clear case of a disqualifying conflict of interest, I am going to be participating in this and voting in this matter.”

Mr. Osborne

stated the CIP meeting was changed from December 10 th to January 21st.

Commissioner Hafen

asked if the applicant is present.

Commissioner Hafen

asked if the applicant has made any good faith effort to provide staff with any information that was requested at the last hearing.

Ms. Lee

stated no. She had reached out to the applicant that we were approaching the December deadline and requested the information, a week later they replied and asked for an additional continuation.

Commissioner Hafen

asked for clarification, stating they have not addressed the MOU stating their intent is to operate a land fill, they have not addressed the violations they had in Las Vegas, and they have not addressed the potential water contamination or flood control.

Ms. Lee

stated that is correct. The only thing that has changed is the ownership of the property, it is now NVDDRP, LLC.

Commissioner Koenig

stated they have a letter from Mr. Bolling stating he wants the property to be used as a gravel pit only, he is the holder of the note on the property.

Commissioner Hafen

motioned to deny CU-2015-000009 based on the fact there has not been any good faith effort brought forward and based on the following findings. Finding #2 - The conditional use will not be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. At this time, no plans have been provided regarding design and operation of the dirty MRF, where the mixed solid waste is coming from, what it will contain and how the non-recyclable material will be handled and where it will be taken off site. Further it will not be harmonious with the existing VR-20 lots and property to the North, to the South, and to the East. Finding #3 - The conditional use will be hazardous or disturbing to existing or future neighboring uses. This request will be hazardous to the existing VR-20 lots and property to the North, to the South, and to the East. The nature of the requested modification to the conditional use will be disturbing to neighboring properties due to excessive noise, dust, odors, traffic and the potential for onsite ground contamination. This also has the potential to be hazardous with the existing VR-20 lots and property. Finding #4 - The conditional use is not a substantial improvement to property in the immediate vicinity and to the community as a whole. This use will have a substantial detriment to the community due to potential excessive odors and potential water contamination issues. Finding # 5 - The conditional use will not adequately be served by essential public facilities and services (highways, streets, police and fire protection, drainage structures, refuse disposal, schools); the parties involved in establishing the proposed use will need to provide adequate information on any such service. The subject properties is served by Simkins Road for access, however, there is no information regarding water service, sewer service, drainage, flood protection, refuse disposal or fire protection. Further there are substantial concerns over the water contamination and disposal of refuse. Finding # 7 - The conditional use will involve uses, activities, processes, materials and equipment, and conditions of operation that are detrimental to any persons, or property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glares or odors. The nature of this requested conditional use modification will produce odors, will produce dust, will increased traffic, has a potential for site contamination of water and runoff. The Planning Commission has Page 3 of 9 substantial concerns regarding the incoming mixed waste stream and the design and operation of the dirty MRF facility. Seconded by Commissioner Oscarson.

Mr. Osborne

stated this will need to be rescheduled to the next regular RPC meeting. The applicant has requested a special RPC meeting.

Commissioner Koenig

stated the special meeting will be either January 29th or 30th.

Commissioner Hafen

stated he will be abstaining.

Mr. Lacy

asked Mr. Sutton if they can do a teleconference.

Mr. Sutton

stated yes, it would have to accommodate the public.

Ms. Lee

stated this was originally heard in August and a sub-committee was assembled to review the text. The text you have in front of you are the recommendations made by the sub-committee.

Commissioner Koenig

stated Item E-3 he would like a motion to have that removed entirely.

Commissioner Oscarson

stated what was reviewed in the subcommittee, is if they are there all day then they are permanent vendors now, and he feels 3 hours is sufficient.

Commissioner Hafen

stated under section C – the definition of mobile food vending. He would like to modify that by changing it to state they shall not be allowed to “permanently” connect to water, power or sewer at any location and delete the rest of the sentence. He also asked for clarification on section D, Home Office, because there is already a definition in the county code.

Ms. Lee

stated under 17.04.800 is Home Occupation and it details home based business that allow you to have a home office. This verbiage is almost identical but since mobile food vending units are different than a home occupation we wanted to have it within its own section and replicate the home office section.

Commissioner Hafen

stated under E -3 he agrees that there should be a time limit no less than 12 hours. 6 hours is not enough time. Mr. Hafen asked for clarification for #4 parking in the County ROW, what is the issue with that.

Commissioner Carbone

stated typically there are utilities in the ROW, there could be any point in time they might have to access those. Page 4 of 9

Commissioner Hafen

stated if they are mobile they should be able to move within 5 minutes.

Commissioner Carbone

stated you then open it up to cars parking in the ROW, kicking up dirt. The vendors have stated they don’t like to park where there is a lot of dirt, as the dirt gets in the food.

Commissioner Hafen

asked staff what the reasoning is under #5 for the separation of 300 feet.

Ms. Lee

stated one of the complaints we received originally was from a brick and mortar restaurant that a mobile vendor was parked right next door. In the absence of having a code that puts a limit it was suggested to give a separation between the mobile vendors and the brick and mortar restaurants.

Commissioner Carr

stated in Item E he would like a requirement to have posted license numbers with expiration on the mobile units.

Ms. Lee

stated that is already a requirement when they get all their licenses that they be posted in a conspicuous location.

Commissioner Adams

stated his concern is a restaurant is paying real estate taxes and the owner of these properties are paying for vacant land and the brick and mortar places are in an unfair advantage.

Commissioner Hafen

stated they still have to pay personal property tax like any other business.

Commissioner Koenig

asked Jeanie Wright if she could address if the 3 hr. time limit was sufficient. Jeanie Wright stated she doesn’t think that is enough time. She has no problem following rules as long as it applies to everyone. She would like them to let the business succeed or fail on their own.

Commissioner Hafen

asked if the home occupation description works for her occupation.

Commissioner Hafen

asked if the 300 foot separation too much or too little.

Ms. Wright

stated she doesn’t believe it will matter very much, you need enough hours to make money. She is a lunch vendor but would like the opportunity to do more. It does take time to set up and tear down. She doesn’t have a problem with the separation.

Commissioner Hafen

asked if the 12 hours is enough.

Ms. Wright

stated she doesn’t believe it is necessary. There shouldn’t be restrictions on them when restaurants aren’t restricted on hours.

Commissioner King

stated this seems to be a solution in search of a problem. He doesn’t feel we need this.

Commissioner Oscarson

stated we are letting them stay at a location permanently so now they are no longer a mobile vendor. Page 5 of 9

Commissioner Hafen

asked staff for clarification on where this came forward.

Ms. Lee

stated this is not an effort to restrict anyone business or free enterprise. The people that are already currently operating are well within the regulations or injured in anyway by the items in this. The challenge comes where we don’t have anything like this if someone pulls over on the side of the road, no business license, no heath certificate and start selling food, we have no way to enforce that. The hour restrictions didn’t go away because for 12 hours, some of those are in the dark, brick and mortar restaurants are required to provide safety features, parking, and paved parking. What you have before you is what Planning, mobile vendors and general public have come up with.

Commissioner Hafen

asked if the stake holders are okay with this language.

Ms. Wright

stated not with the hours.

Ms. Lee

stated what came of the meeting with the vendors was if we put regulations in place make sure they are fair and equitable and applied evenly across the board. Every vendor that comes is has to abide by them.

Commissioner Adams

motioned to recommend to the BOCC with the exception of definition C – allowing connection of utilities at a home base, and changing E-3 to 12 hours. Seconded by Commissioner Hafen.

Commissioner Carbone

asked if it is set to 12 hours how are the vendors going to take care of the lighting and safety issues if it is dark out.

Commissioner King

stated perhaps that can be addressed when it comes to the BOCC.

Mr. Lacy

stated this isn’t an action item, we aren’t ready to make a motion to move this forward. They have met with members of the public and stakeholders trying to come up with information to help determine the scope of the problem. The path forward based on outcome from the Groundwater Management Committee, growth control was recommended. Decision that will need to be made will require additional detailed information in regards to growth control, like number of lots, number of potential future lots, and water usage.

Commissioner Koenig

stated he requested this on the agenda for a status update. He wants staff to bring this back in January or February for discussion and to put down on paper to recommend to the BOCC.

Commissioner Hafen

stated the BOCC have not heard the section of the Groundwater Management Plan but we should get the BOCCs answer as to whether or not they are going to move forward with the plan before we have staff start on this. He would like to see brought to the RPC by staff the number of parcels that have already been developed, how many are vacant, what is the potential in the future for some of the lots, what is in the Development Agreement that falls into the different categories, also those not being discussed like how many VR-20’s, SE and RE-1 lots are out there, and of the parcel map parcels in these zoning categories how many have infrastructure and can be developed. He would also like to know what the overall dedication of Water Rights that have been dedicated to be used for this project so it can all be matched up.

Commissioner Koenig

stated if the BOCC doesn’t adopt the plan they might be amenable to adopting something that limits VR-8, VR-10 etcetera. Page 6 of 9

Mr. Lacy

stated the Masterplan does include future changes in zoning, but hasn’t been implemented yet.

Commissioner Koenig

directs staff to come back to the RPC January or February with a date to answer the questions Commissioner Hafen asked, get the committee back together and come up with what we want the commissioners to do.

Commissioner Hafen

stated there was talks of high rise condominiums and that was not what was brought to them today. The discussion is to prevent the Vegas style of clustering of the 4,000 Sq. Ft. lots coming here. There is a lot of anti-growth and capitalism here. Growth is a good thing, every person in the room is Page 7 of 9 growth, because of that we have a hospital and additional medical facilities. There were comments that they want more stores, but you don’t want more growth.

Mr. Lacy

stated with no motion he has his direction.

Commissioner Koenig

directed staff to look at Mr. Fesnocks comments on River Plate and a text amendment to SE. He would like Beth to see what she can come up with and get back to him.

Commissioner King

would like to know if anyone would prefer having the RPC meetings at 2 pm in the afternoons instead of the evenings.

Commissioner Koenig

stated having the meeting at 6 pm it gives everyone the opportunity to be here and speak their opinions. If they have a job, they won’t leave their jobs to come to a meeting. The next meeting will be January 13, 2013 at 6:00 PM. The special meeting will be held December 29th at 2 pm to hear the waiver application.

Commissioner Koenig

stated we don’t control those issues, Development Agreements are handled by the BOCC. Page 8 of 9 Terry Nelson if people want to come here do they need to be in high density. Bring the people here but don’t let them develop in the smaller developments that are proposed, restrict the building.