March 9, 2016

Commissioner Hafen

will abstain from item #9.

Commissioner King

motioned to approve CU-2015-000017 based on findings and subject to the special conditions of approval. Seconded Commissioner Adams.

Commissioner Koenig

stated a DA doesn’t expire till Dec 30, 2030. The lots average out to a ¼ acre lot.

Commissioner King

asked if the normal procedure is to provide a two sets of names for streets instead of just one.

Commissioner Borasky

stated that in the past if names are submitted and they cross over they will have to come up with another one. Mark Dunford with Taney Engineering. The TM was approved in 2007, the final map was never recorded by the previous owner. The only thing they are doing is bringing the exact same map TM forward for approval and will follow with the improvement plans and final map to record. The subdivision is located within the UICN area, water rights have already been provided and in procession of UICN. Sheriff Wehrly asked if impact fees will be paid, they all will be paid under the scheduled agreement.

Commissioner Clark

asked if the traffic plan has been finalized yet.

Mr. Dunfod

stated he believes there was a master traffic study for Mt. Falls, but if they are required to do a study for their development they will do that. He refers to Mr. Lacy.

Commissioner Clark

asked what roads will be impacted.

Mr. Dunford

stated Mt. Falls Parkway would be the main road affected.

Commissioner Clark

stated his concern is with all the new homes, most are trying to turn left onto Hwy 160 at the same time in the morning that is going to be a nightmare.

Mr. Lacy

stated the Mt. Falls development agreement provides for 3200 homes and approximately a 1000 acre master planned community. The entrance roads Mt. Falls Parkway and Manse would handle the traffic. That was all worked out with Public Works.

Commissioner Adams

asked if a traffic signal is deemed necessary at Hwy 160 would that be the responsibility of William Lyons Homes or the State and Nye County.

Mr. Lacy

stated that was all part of the prior negotiations and the developer built the collector Mt. Falls Parkway. The light at Hwy 160 would have been between NDOT and William Lyon Homes.

Commissioner Koenig

stated if it was something the developer would handle it would be in the DA.

Commissioner Koenig

stated at 113 homes they should be collecting $170,000 in taxes.

Commissioner Borasky

stated the traffic funding that is collected for the project will be used in that immediate area.

Commissioner King

asked if they have read and understood all the special conditions of approval. Page 3 of 7

Mr. Dunford

stated yes they agree.

Mr. Sutton

stated there is one condition that is missing that is required by NRS. They must submit an affidavit stating they will comply with paying taxes pursuant to NRS 375 and recording the findings of NRS 598.0923, within NRS 278.349.3(k).

Commissioner King

motioned to approve TM-2015-000002 and SN-2015-000003 adding condition #22 as stated by the District Attorney’s office. Seconded by Commissioner Clark.

Mr. Lacy

stated the board directed staff to work with the community that brought in a petition to do a zone change from RE-1 to SE and a text amendment that would restrict livestock within the SE zone. There have been code compliance issues which have brought this to light. Based on the boards direction to staff if we did a ZC every lot and those within 300 ft would be notified.

Commissioner Koenig

asked if they attempt to do this, will 100% of the people living in the area need to agree to this.

Mr. Lacy

stated no, you can do a zone change can be done without 100 % approval. One of the implementation standards for the Masterplan update was to look at necessary rezoning in the valley.

Commissioner Koenig

stated assuming anyone in this area that has livestock would be grandfathered, correct.

Mr. Lacy

stated we have a grandfathered ordinance and could make adjustments as necessary.

Commissioner Koenig

stated the next item will possibly be getting rid of a Tier 1. Theoretically if the BOCC changes it this will eliminate the need for owners on a 1 acre lot that have up to 10 cats and dogs from getting a CUP.

Commissioner King

asked if this was a result of an error in zoning.

Mr. Lacy

stated this isn’t a zoning error but a response to code compliance cases we have had and complaints that have been brought to this board in regards to requirements for a CUP for people to have more dogs, cats or other types of animals that came in front of us. There was a Multi Pet permit that was brought before you that was denied in the past.

Commissioner Koenig

stated not tonight.

Mr. Sanders

asked if that will include chickens.

Mr. Lacy

stated if there were deed restrictions in place when zoning was done to not allow horses then a more appropriate zoning would have been SE zoning.

Commissioner Koenig

asked why the deed restrictions would have went away, was it due to time?

Commissioner King

stated in looking at the Calvada sales map for unit 5, it is listed as a Ranchette Single Family it was designed to have horses and for small ranches. It has been like this since Calvada has sold the properties as far back as 25 -30 years. There are 18 property owners speaking for 120 – 130 properties. There are quite a few properties that don’t have animals there are some that do. He isn’t in favor or the County footing the bill for 18 property owners. Other property owners we make them apply for the zone change. If all the property owners want to do something they could probably create their own HOA to create restrictions.

Commissioner Hafen

asked if there were CC&R’s on this property.

Mr. Lacy

stated the gentleman that commented on the CC&R’s, we don’t have a copy but if the board wants to have us bring them to the board for discussion we can.

Commissioner Hafen

stated yes, he would like to see them it will help make a decision on moving forward with attempting to have a rezone or not. The CC&Rs may or may not lead into an error when zoning was put into place.

Commissioner Clark

asked what the original situation was that would have driven the owners to request this.

Mr. Lacy

stated this was an old Calvada Subdivision and was developed prior to zoning in the valley. For the majority the CC&Rs would have been in place without a HOA to enforce. Many of the lots in the valley have had this issue before. Some have went to the district court to enforce the CC&Rs.

Commissioner Clark

asked if there was a new development that had CC&Rs would zoning adjust to that.

Mr. Lacy

stated for new subdivisions yes.

Commissioner Clark

stated he would like to see the CC&Rs also, and asked for the staff to expand on the complaints received.

Mr. Lacy

stated there was a homeowner in the area who had many dogs, livestock, and cats. The response to the complaints the homeowner came to this board for a CUP and it was denied. The complainants and discussions with this board were to possibly rezone from RE to SE to possibly prevent this from happening in the future.

Commissioner Koenig

stated direction to staff is to bring this back to the next meeting with the copy of the CC&Rs. The public needs to understand if we decide to go forward with this we need to figure out how to pay for it. It needs to be discussed amongst themselves.

Commissioner Hafen

would like to know when the CC&Rs expired and when the RE-1 zoning district went into place. Page 5 of 7

Commissioner Adams

stated Mr. Fesnock stated of the map they submitted there was 97% signatures. Could zoning be applicable to just a few blocks?

Mr. Fesnock

stated they were advised to start small and look at the map and cover as much area with a small group of people. They drew an outline of the plot map of the areas they got signatures in. There were some signatures they couldn’t get. What would the cost be?

Mr. Lacy

reviewed the fees.

Commissioner Adams

asked if the map submitted on page 3 was the map submitted by Mr. Fesnock.

Mr. Fesnock

stated no his was not colored.

Commissioner King

asked what the acreage fee was.

Mr. Lacy

referred to Celeste Sandoval.

Mrs. Sandoval

stated a zone change is $550 plus $25 an acre, a text amendment is $750.

Commissioner King

asked if every parcel would have to pay the $25.

Mr. Lacy

stated recent changes to Title 6 have removed Tier 1 and Tier 2 Multi Pet Permits. Now there is only a Multi Pet permit that covers 11 or more dogs and cats on a property. Several of our Title 17 zones have permissive and/or CUP requirements based on Multi Pet Tier 1 and 2. It appropriate now that we review our Title 17 permit requirements.

Commissioner Koenig

stated if they want more than 10 dogs or cats or combination of the two they have to get a Multi Pet permit. Multi Pet Permit Tier 1 should be eliminated and Multi Pet Permit Tier 2 should be renamed Multi Pet Permit.

Commissioner Hafen

asked Title 6 was amended to allow up to 10 animals per lot. Mt. Falls has 6,000 sq. ft. lots they can have 10 lots?

Commissioner Koenig

stated this is only for RE-1 and up.

Commissioner Clark

stated he is unclear on the history of having 5 going to 11.

Commissioner Koenig

stated we are the ones that said on 1 acre you have to get permission. There was no public here and the BOCC heard it and approved it. The BOCC decided to have 10 dogs on an acre you don’t need permission, it would be a Multi Pet Permit to have 11 or more. This is an attempt to make Title 6 and Title 17 the same.

Commissioner Koenig

stated this is to make ours the same as Title 6. Title 6 allows you to have up to 10. Over 10 you need a Multi Pet Permit with a CUP. To get the CUP you have to come here, presently zoning still has Multi Pet Permit Tier 1. What they turned down was what we added, stating Page 6 of 7 if you want a Multi Pet Permit Tier 1 you needed a CUP. Tier 1 didn’t require a CUP but we wanted to add that. We need to change Title 17 to remove a Tier 1.

Mr. Wannberg

said you aren’t taking away the limits and making it smaller.

Commissioner Koenig

stated no. When the RPC heard this item, no public was present. No one showed up until the BOCC meeting. Chris Sanders stated as he understands you are just dealing with Title 17. The one thing he would add is that NRS 574 also requires a Kennel permit for more than 10 animals.

Commissioner Koenig

stated the direction to staff to bring back for final approval action.

Commissioner Hafen

asked for clarification that anyone that wants to have more than five animals can have more than 5 under Title 17.

Commissioner Koenig

stated that is permissive.

Commissioner Hafen

asked if there is anywhere in the zoning code that also covers Tier 1 and 2, besides the RE and RHs?

Commissioner Koenig

stated he will be running for Nye County Commissioner in District 2. He will be taking over some of the things that Frank Carbone is trying to do, he has been working closely with him. He will decide after the primary if he will resign from his position on the RPC.

Commissioner King

stated our next meeting will be April 13th.