March 15, 2017

Commissioner Adams

nominated Commissioner Clark as Secretary/Clerk. Seconded by

Commissioner Clark

motioned to approve the minute of February 15, 2017. Seconded by

Commissioner Hafen

stated for the record that Commissioner Carr is absent from the meeting. For possible action - Approval of / Modifications to the Agenda: Approval of the Agenda after Considering Requests to Rearrange, Hold or Remove Items. None. Correspondence and Announcements

Commissioner Hafen

welcomed Commissioner Bennett and Commissioner Fowler to the RPC. Cheryl Beeman stated there is a Nevada Alluvial Fan Flooding Conference and she has handed out those flyers at the start of the meeting.

Commissioner Adams

stated the Southern Nye County Conservation District would like help with identifying salt cedar locations. Darrell Lacy we have a new Public Information Officer for the County. Commission/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report None. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Hafen

stated he will be abstaining from item # 10, as the property owner is a stand by owner for the utility he works for. Page 2 of 9

Commissioner Fowler

stated for item #11 he is a partner in a small business he doesn’t own nor live on the land that the small business operates out of but it is a residential property.

Commissioner Hafen

asked if he will be participating in the item.

Commissioner Fowler

stated correct. a. For Possible Action — CU-2017-000033: Public hearing, discussion, deliberation and possible decision on a Conditional use Permit (CUP) application to allow for the expansion of a Grandfathered Use, on property zoned Mixed Use (MU) and located at 3681 W. Bell Vista Avenue on 4.7 acres. Bell Vista Trust — Property Owner. Top Notch Carrier —Applicant. Valerie Martel — Agent. AP# 028-231-05. b. For Possible Action — WV-2017-000041: Public hearing, discussion, deliberation and possible decision on a waiver from NCC 17.04.905.2.c and allow the expansion of a Grandfathered building to be located within 1,000 feet of an existing residential dwelling, on property zoned Mixed Use (MU) and located at 3681 W. Bell Vista Avenue on 4.7 acres. Bell Vista Trust — Property Owner. Top Notch Carrier —Applicant. Valerie Martel — Agent. AP# 028-231-05. (These items are Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (CB) Cheryl Beeman reviewed her staff report. There is a code compliance case on this property, in the staff report under item #3 it has been mentioned compliance with the night lighting requirements. It has been addressed with the applicant about a possible zone change if they have future expansions for the business.

Commissioner Hafen

asked for clarification that for the RPC to approve the CUP one of the findings does require the waiver. The waiver and CUP must be approved together.

Commissioner Hafen

asked for clarification, stating to meet the findings in the waiver it requires standard conditions of approval 1 — 4 and special conditions of approval 1 — 5. The Community source water protection can be addressed adequately during site development process.

Ms. Beeman

stated yes. Tex Whitson, representative for applicant. They have remodeled the shop, they have 42 employees, and they have went through the oil retrieval/recycling process. They recently paved, put in water drainage and have fenced the property.

Commissioner Hafen

asked if the applicant has read and understood the standard and special conditions of approval and are amendable to them.

Mr. Whitson

stated yes. Public comment opened and closed at 6:20 pm with no comments.

Commissioner Clark

asked if there was a process with staff to bring this back and inform the RPC of the completion of the site development plan.

Ms. Beeman

stated in order for them to obtain a building permit they have to go through the site development process. It could be added to the director’s report. Page 3 of 9 10. 11.

Mr. Whitson

stated they could also submit a letter of compliance.

Commissioner Adams

motioned to approve CU-2017-000033 and WV-2017-000041 based upon findings and subject to the conditions of approval. Seconded by Commissioner Bennett.

Commissioner Clark

motioned to continue ET-2017-000021 until the April 12", 2017 meeting. Seconded by Commissioner Fowler.

Ms. Beeman

stated she incorporated the changes that were discussed at the last meeting. The primary discussion was home occupations on properties larger than 1 acre. They may have some flexibilities opposed to lots that are less than 1 acre. Under RH-9.5 you can have a 100,000 Sq. Ft accessory building, if your home occupation needs to occupy 50,000 Sq. Ft then they have eclipsed the standards for a home occupation. Under 2.C there needs to be a link to the sign regulations. Item #5 prohibited business — commercial preparation of food services on premise is prohibited. Nevada Legislation approved a cottage foods bill, but we have no standards in our code for the cottage food industry.

Commissioner Clark

asked for clarification on no commercial food preparation on premises and asked if it was only addressing food that would be prepared at a residence and then taken elsewhere.

Ms. Beeman

stated correct, it may be sold at the house but not served there. Page 4 of 9

Commissioner Clark

stated the section could be amended to indicate it is consistent with NRS 446.866, the state code specifically allowing cottage food services.

Commissioner Hafen

agreed with adding the reference.

Commissioner Clark

stated he would like the wording to include the consumption of food isn’t allowable on the premise.

Ms. Beeman

stated she will review the NRS and verify what language they recommend.

Commissioner Fowler

stated on item #8 — truck deliveries a private mail courier service may not fully service a business that needs space larger than an acre. He asked staff to find verbiage to make it relative to parcel size.

Commissioner Hafen

stated farming lots would probably be the only ones that might have 100,000 Sq. ft. accessory buildings, they would have large semi-trucks hauling and we should make some accommodations for that.

Mr. Lacy

stated they could exempt Agricultural operations that is consistent with other parts of NCC. He asked Commissioner Fowler for an idea on number of deliveries we might allow.

Commissioner Fowler

stated a generality might be better instead of giving someone a specific frequency of deliveries.

Mr. Sutton

stated it may be good to leave it open, if they do want to pin down a frequency they could. They will never be able to meet everyone’s needs. If they need to allow for a waiver process they could do that.

Mr. Lacy

asked Ms. Beeman if everything they are proposing is to be permissive.

Mr. Lacy

stated they have certain zoning categories permissive uses and others with a CUP.

Ms. Beeman

stated they code states any business regulated through a CUP process is prohibited as a home occupation along with the automotive etcetera, and they removed daily deliveries.

Commissioner Hafen

asked to move Item #8 to be under #1 A and make it A-5. On parcels less than 1 acre they want to make sure it is UPS/Fed Ex type of deliveries.

Mr. Lacy

stated to list it as 1 acre and smaller properties.

Commissioner Hafen

agreed. Limit that to standard UPS/Postal Service/Fed Ex deliveries.

Mr. Sutton

stated with that change 1.5 or 1.14 acre properties could have semi-truck deliveries every day with that change.

Mr. Lacy

stated we could state zoning categories RE-1 or smaller.

Commissioner Koenig

stated page one says you must have 20,000 sq. ft.

Ms. Beeman

stated that isn’t supposed to be there, that should have been corrected. That applies to residential industries.

Mr. Lacy

stated we haven’t been distinguishing between home based businesses or residential industries. Page 5 of 9

Mr. Sutton

reviewed the definition of residential industry.

Ms. Beeman

stated there needs to be better structuring of the two, home base businesses and residential industry.

Commissioner Clark

stated this ordinance doesn’t cover day care centers.

Ms. Beeman

stated a daycare could be a home occupation with 5 or fewer children.

Commissioner Clark

asked what the additional requirements would be. Maybe we want to break childcare out entirely and address it elsewhere.

Ms. Beeman

stated even though we don’t place them through a CUP they have to follow the state regulations.

Commissioner Adams

stated C1-B, we need to define what can be done on a 1 acre lot.

Mr. Lacy

stated that was one of the questions, are we looking at lot sizes or zoning districts. If we go with a 1 acre lot, a 1.14 acre would be larger and in the category of a 5 or 10 acre lot.

Commissioner Adams

stated we should be looking at it as a neighborhood and not an individual lot. Additionally when we allow food to be cooked and sold at the private home, you are actually turning the home into a retail outlet.

Mr. Lacy

stated the purpose isn’t for retail sales, when people show up for retail sales you are getting outside of the purpose of the home occupation type.

Commissioner Clark

stated we are covered under Item 7. He took that to mean you can’t set up folding tables in front of your house and sell cookies and cakes.

Ms. Beeman

stated typically if you are less than one acre we measure it by net, over 1 acre it is by gross. That wording can be added in.

Mr. Lacy

stated by looking at the neighborhood you are looking at the zoning district.

Ms. Beeman

stated we have had customers come in and they were zoned RH-4.5 and they were 1 acre in size. Maybe we need to go by lot size.

Mr. Lacy

stated in general some of those lots that are smaller than those zoning are more of an exception.

Commissioner Hafen

stated he agrees, and if there are areas that are not zoned correctly we may want to take a look at those. We shouldn’t be allowing truck deliveries in VR-8, VR-10 or VR-20.

Commissioner Koenig

stated for the next review put both in and let them pick which one. Look at the 1 acre by lot size, the 1 acre by zoning, or have a combination of the two.

Commissioner Hafen

stated he agrees with that.

Ms. Beeman

asked if they want to address item #7, outdoor display. There are people that do cutouts and have them in their yards.

Commissioner Hafen

stated that is yard art, not for advertising.

Ms. Beeman

stated that could be their display. Page 6 of 9

Commissioner Hafen

stated that will be the Zoning Administrators determination if a code compliance complaint is filed.

Ms. Beeman

asked for clarification that they will leave the text for no outdoor display.

Commissioner Hafen

stated correct. We shouldn’t let home occupations be more lenient that General Commercial when GC doesn’t allow outdoor storage.

Commissioner Koenig

stated or they can come to the RPC for a CUP.

Commissioner Hafen

stated or for a waiver.

Mr. Sutton

replied to Commissioner Clarks points on daycare facilities, the code shows the first zoning category that Childcare Facilities appear is Neighborhood Commercial and because Childcare Facilities are subject to CUPs, they aren’t covered by this.

Mr. Lacy

stated the code states 5 or more kids for child care facility. What isn’t addressed is under 5 children. It falls more under babysitting and there are a lot of those in residential neighborhoods.

Ms. Beeman

stated they must have a business license.

Commissioner Clark

asked for clarification under Childcare. Would that extend to close family members? Can a grandmother watch her grandchildren, is that a home based business.

Ms. Beeman

stated not, the code states up to third degree of continuity is exempt. So that mean they can have 5 related and up to 5 unrelated.

Mr. Sutton

stated she could have 20 grandchildren in her home before this can be triggered, because of the exemption, the State might not agree but they may have exceptions based of family.

Commissioner Hafen

stated staff can do some research and bring it back to us in April.

Commissioner Fowler

stated he thinks the cottage food laws are pretty safe in regards to food safety and sanitation.

Commissioner Hafen

stated that we are not allowing commercial preparation of food on the premises.

Mr. Lacy

stated no and reviewed the state definition of the cottage food industry.

Commissioner Adams

motioned to bring this item back to the April RPC with the suggested changes. Seconded by Commissioner Clark.

Ms. Beeman

stated we had been using the term map of reversion and NRS calls them out as a Merger-Resubdivision Map. The planning commission had delegated the boundary line/map of reversion authorization to staff but it didn’t pick up the Map of Reversion. At the last meeting Mr. Lacy suggested we put in a parameter under Item B relating to only single family residential mapping actions involving up to 11 acres in size.

Commissioner Clark

asked under what circumstances the administrator would disapprove a map for it to come before the RPC.

Ms. Beeman

stated if someone came in under the minor amendment, such as a decrease of 1.5% in the residential density and didn’t meet the parameters outlined it would cause the administrator to disapprove and then forward it to the RPC.

Mr. Sutton

stated there is an appeal procedure for the zoning administrator decision and we could take this part out or amend it to state it is subject to the appeal process.

Commissioner Hafen

stated he agrees, we should be consistent throughout the code with the appeal process.

Commissioner Clark

motioned to amend Item D — to reflect the appeal process within the NCC and recommend to the BOCC. Seconded by Commissioner Bennett.

Commissioner Hafen

stated there is a training session on March 22, at 3:00 pm for the CIP committee. The next regular scheduled meeting is April 12" at 6:00 pm. He would like the Grandfather ordinance and an explanation presented to the board at the next meeting.