April 18, 2017

Commissioner Koenig

= Assessor Parcel Number = Board of County Commissioners = Business Opportunity Overlay = Commercial Manufacturing aa Conditional Use Permit = Community Source Water Protection Plan = Final Action Memorandum = Groundwater Management Plan = Multifamily = Mixed Use = + Mobile Home Park = Nye County Code = Nye County Water District = Nevada Division of Water Resources = Nevada Revised Statues = Open Use = Pahrump Regional Planning District = Regional Planning Commission = Right-of-Way = Single-Family Residential = Special Use Permit = Tentative Map = Temporary Use Permit Pledge of Allegiance/Call to Order Meeting called to order at 6:00 pm.

Commissioner Hafen

stated for the record Commissioner Fowler is absent from the meeting. There was discussion as to whether or not we could proceed as the CIP committee as

Commissioner Fowler

was the designated representative for the real estate/building. For possible action - Approval of / Modifications to the Agenda: Approval of the Agenda after Considering Requests to Rearrange, Hold or Remove Items.

Mr. Sutton

stated his concern with the RPC meeting as the CIP if they have a designated real estate person. Without that person being present he isn’t sure we can proceed with items as the CIP committee.

Commissioner Hafen

asked if they could use his experience as a Real Estate Developer to qualify.

Mr. Sutton

stated we could, but he will look at the verbiage.

Commissioner Hafen

stated he has had a request to move item #15 up one item to be after #13, and asked for clarification on item 17, if they want it pulled, or continued.

Mr. Lacy

stated continue it to the next meeting.

Mr. Sutton

reviewed the NRS and stated Commissioner Hafen qualifies to represent the building industry. Correspondence and Announcements Cheryl Beeman stated she has handed out a flyer on an NWRA webinar on water rights. It is June 6, 8 and 13, 2017.

Commissioner Adams

stated Earth day is 4/22/2017 and the Devil’s Hole Workshop is going to be held starting May 3" in Beatty.

Ms. Beeman

stated she and Commissioner Bennett attended the Alluvial Fan Flooding workshop in Las Vegas.

Commissioner Bennett

stated it was a very informative meeting. Commission/Committee/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 his family built the Artesia subdivision without a Development agreement, those properties are zoned VR-10 and they currently hold a Development Agreement Page 2 of 11 10. on the Indian Road Subdivision and it is currently zoned VR-8. He will be participating in the items.

Commissioner Bennett

stated he doesn’t believe there is a conflict with Item #12 but wanted to state he lives in Mt. Falls. SITTING AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE For Possible Action — Election of Officers: Election of Chair, Vice Chair, and Secretary

Commissioner Koenig

directed staff to change to the RPC/CIP Resolutions to state that the officers are the same as the RPC to eliminate the closing and opening of meetings. a. Nomination and election of a Chairperson to serve the Capital Improvements Advisory Committee until January 2018. b. Nomination and election of a Vice-Chairperson to serve the Capital Improvements Advisory Committee until January 2018. c. Nomination and election of a Secretary to serve the Capital Improvements Advisory Committee until January 2018.

Commissioner Adams

motioned to nominate Gregory Hafen as Chair, Robert Adams as Vice Chair and Vincent Clark as Secretary. Seconded by Commissioner DeAnda.

Mr. Lacy

stated the Finance department has provided us with back up on the impact fee balances.

Commissioner Hafen

asked if the funds expire.

Mr. Sutton

stated there is a 5 year and 10 expiration. Statutes states construction has to start within ‘5 years and one states money has to be spent in 10 years. He will clarify with the statute.

Mr. Lacy

stated they have in the past try to get money committed within 5 years.

Commissioner Hafen

stated some of the funds are uncommitted clear back to 2011. Is this an issue of concern?

Mr. Lacy

stated $226,000 is committed to the Homestead project that should be started within the next few months and asked Public Works if they were just waiting on the Engineering portion. Don Skalicky stated yes. Public comment opened and closed at 6:16 pm with no comments. For Possible Action — Review, discussion and possible direction regarding the CIP Project Matrix - Priority Ranking List. Page 3 of 11

Commissioner Hafen

stated in comparing the current matrix dated 6/23/2016 it is shorter than the 2005 matrix. Is it worth adding a page two showing the additional roads that were on the 2005 matrix knowing they were low on the priority list.

Mr. Skalicky

stated it is the pleasure of the board to add to the priority matrix. They don’t have the funding for all the projects, so the more you add to the list it commits more time to research and studies for those projects. This matrix is a draft until approved by the BOCC. The last matrix approved was June 18, 2013.

Commissioner Adams

stated if we add it to the list it would put it into consideration for a later time based on concerns of the people.

Mr. Skalicky

stated you can add and remove streets at any time, it will just make it a much longer list. You also want to consider, the impact fees that are collected are on the subdivisions and basically for the impact of those subdivisions have on a certain area. To add streets that aren’t in those areas, you defeat the purpose of the impact fees.

Commissioner Koenig

stated until we receive legal opinion as to whether it will affect the RTC as far as fixing roads we need to wait to add it to the matrix. If we add it to the matrix and the RTC wants to spend gas tax money to fix a road they might not be able to do that if it is on this list.

Commissioner Hafen

agrees and asked Mr. Sutton to look into making sure the CIP committee isn’t going to affect the RTC by the length of the list.

Commissioner Koenig

clarified that the matrix is for roads that are affected by impact fees. Public comment opened and closed at 6:25 pm with no comments.

Commissioner Hafen

stated for the record Commissioner Fowler is in attendance.

Commissioner Clark

asked Mr. Skalicky to clarify what the difference of in a Minor and Major arterial.

Mr. Skalicky

stated an example of a Major arterial would be Calvada Blvd. a Minor would be Dandelion. The CIP manual can be used for reference on classification and description of the definition.

Commissioner Clark

asked for clarification that it isn’t based on number of lanes.

Commissioner Clark

asked if it was based on traffic count.

Mr. Skalicky

stated a major arterial would be a main artery to move traffic.

Commissioner Clark

asked if impact fees are dedicated for specific projects.

Mr. Skalicky

stated no. Impact fees are collected for each building permit pulled. The CIP board designates where those are to be spent.

Commissioner Clark

asked for clarification that there are no specific impact fees being dedicated to one project.

Commissioner Koenig

stated those are normally addressed in Development agreements.

Mr. Lacy

reviewed the development process. Page 4 of 11 11. For Possible Action — Discussion and possible direction regarding updating the 2006-2015 Pahrump Regional Planning District Capital Improvement Plan (CIP).

Mr. Lacy

stated we don’t have a final report from the Sub-Committee that was formed. The report and analysis needs to be completed, however the previous sub-committee moved very slowly on their process and we need to determine if we want to go outside and hire a third party to compete this.

Commissioner Hafen

stated he believes the RTC is using Loomis an Associates to review their plan. It would be a good idea to get quotes to know what it would cost us to redo our plan. Can we use impact fees to do this?

Mr. Sutton

stated when the original CIP was developed Tishler completed it based on 7 different land use assumptions that are by NRS. He stated sections that probably need to be done by an outside source. Those being persons per household, residential projections, number of employees, average daily vehicle trips, trip adjustment for commuters and another daily trip factor.

Commissioner Fowler

asked Mr. Sutton which numbers he believes could be handled in house.

Mr. Sutton

stated the population ones, which can be pulled from the State Demographer, the Average per household, pulled off census data as well. He isn’t sure where the employment projections would come from. We could pull the ITE and the ADTs. You then have to assign the numbers to a dollar value. There is a lot more into this, we might need outside help with that. There are four different impact fees, Fire, Park, Streets and Police. There are was also a drainage and flood control that wasn’t included in the plan because it was too expensive. There are 8 different projects we could request comments on from the outside source.

Commissioner Hafen

stated the CIP only have oversight over the streets.

Mr. Sutton

stated the CIP is over all of them.

Ms. Beeman

reviewed her staff report, the street names have already been heard but we still need a few additional and that is why they are presented before the board tonight. Hannah Swan from Taney Engineering, stated they agree with staff comments. Public comment opened and closed at 6:43 pm with no comments.

Commissioner Bennett

motioned to approve SN-2017-000009 based on findings and subject to the conditions outlined in the staff report. Seconded by Commissioner Adams. Page 5 of 11 13.

Ms. Beeman

reviewed her staff report and stated the version still needs a little clean up and she left in Mr. Suttons comments for review. Home Based Business didn’t get picked up and distributed through the whole document. She asks that the board adds it back in with the motion and leaving Home Occupations as well. Item #2 for signage, the code only allows the business hours and the business name. It doesn’t need to be defined that tightly, they should have some flexibility.

Commissioner Clark

stated on #2 signage, it was the qualifying amount that if it was under 1 acre there wouldn’t be signage allowed. And anything over they would have to abide by county regulations.

Ms. Beeman

stated regardless of the size if you have a home occupation you are allowed a sign limited by what the code allows.

Commissioner Hafen

reviewed the definition of Residential industry.

Mr. Sutton

stated Residential Industry is different than a Home Based Business and clarified that for the tecord.

Commissioner Hafen

stated the smaller lots like VR-8 and VR-20 can have a home based business but aren’t allowed to have residential industry and wanted that clarified for the record.

Commissioner Clark

asked if we staff gets a lot of questions along the lines of residential industry.

Ms. Beeman

stated no everyone seems to understand the home occupation section.

Commissioner Adams

asked for clarification on page 1 under B, he asked if nuisance odors could be added after noise.

Mr. Sutton

stated for clarification on his comment on page 1 of the backup. It just sounds wordy leaving character in.

Commissioner Hafen

stated we could just remove character. Leaving it to say the residential integrity of the neighborhood.

Mr. Sutton

stated yes. Page 6 of 11 14.

Commissioner Adams

asked to strike the words “to this end”.

Commissioner Hafen

stated for clarification the changes, dropping the word character on page 1 where Mr. Sutton highlighted, leaving both the Home Based Business and Home Occupation verbiage throughout, and adding under nuisance the word odors.

Ms. Beeman

stated correct. She asked for clarification on the sign section.

Commissioner Hafen

stated we reference a specific section of code and without having the sign section of the code to review tonight, it would be better for staff to bring that section back for another meeting.

Commissioner Koenig

stated he has asked staff to review the sign ordinance and it will be coming back to the board.

Commissioner Hafen

motioned to recommend to the BOCC adoption of Bill 2017-07 with the deletion of character as pointed out by Mr. Sutton. The addition of odor, in the next sentence and leaving in Home Based Business. Seconded by Commissioner Fowler.

Mr. Osborne

reviewed his staff report. The main purpose of the bill is to require that the developer that comes in with a subdivision with smaller lots like VR-8 or VR-10 that they also have a Planned Unit of Development (PUD) which is a zoning overlay or a Development Agreement.

Commissioner Hafen

asked if there are areas in the valley that have a PUD.

Mr. Osborne

stated there is one on the far west end of Hwy 372, and Desert Greens Subdivision also is an example.

Commissioner Hafen

stated staff’s recommendation is to forward this to the BOCC. Commenting that he had disclosed before that his family developed Artesia that is VR-10.

Commissioner Clark

stated on page 13 it is stating the minimum setbacks are 10/5.

Mr. Sutton

stated it is 10 feet on one side and 5 feet on the other.

Commissioner Clark

asked how that will be addressed.

Mr. Osborne

stated that is current county code and we don’t receive information on the lot next door.

Commissioner Hafen

stated there is a foot note stating minimum separation of buildings on adjacent lots must be 15 feet. It is based on who was there first and what their setbacks are. On Page 7 of 11 15. page 11 under 15e, it is current county code, we allow fireplaces to encroach into required yards no closer than 3 feet into any property line.

Commissioner Hafen

stated there are some section that need to be addressed either now or at another time.

Mr. Lacy

stated by doing the smaller lot sizes through a DA it gives us the opportunity to look at the overall feel of the subdivision and space requirements.

Commissioner Hafen

asked what an Agricultural Care Project is in permissive uses.

Mr. Osborne

stated it is a 4-H like project that is being raised on a temporary basis. The animal cannot exceed 45 Ibs. the adjacent property owner must sign a letter of agreement.

Commissioner Adams

asked if the agreement with the neighbor is revocable.

Mr. Osborne

stated he doesn’t know.

Mr. Lacy

stated this is temporary only, by code.

Commissioner Adams

motioned to recommend Bill 2017-09 as written to the BOCC. Seconded by Commissioner DeAnda.

Ms. Beeman

reviewed her staff report. A property owner has been pushing to keep moving forward with these matters, they were brought to you in September 2016. Mr. Sutton’s comments have been left in for review.

Commissioner Hafen

asked if this is supported by the stake holders.

Commissioner Hafen

stated he received phone calls in support of the item. There was stakeholder input and he believes they are in favor of this. This is just a recommendation to the BOCC and if there are additional stakeholders that want to provide input they will have an opportunity at the BOCC meeting.

Commissioner Adams

is concerned about the 5 foot setbacks. Page 8 of 11 16.

Mr. Lacy

stated he had received a comment in regards to setbacks and building heights. Currently building heights allowed are 35 feet, which could be three stories. A possible solution would be set a lower building height as a permissive use and if anyone wants to go more than two stories high it would need to be done with a CUP.

Commissioner Hafen

stated he suggests a motion is made to add E, Conditional Use Permit required for any apartments, duplexes or anything over 2 stories.

Ms. Beeman

stated Mr. Ledgerwood provided her a letter asking this to be continued to May. He has since rescinded the letter and he was happy with the language provided.

Commissioner Clark

stated the side set back of 10 feet is more appropriate.

Commissioner Hafen

stated current code is 5 feet and building separation is 10 feet.

Commissioner Hafen

asked for clarification that the change to 5 feet is to match up the building separations.

Commissioner Adams

asked if in the planning process the setback mix can be addressed so two homes don’t have a 5 foot setback next to one another.

Commissioner Hafen

stated current county code allows a 10 foot building separation.

Commissioner Adams

stated if we use the mixed setback to our advantage we could have setbacks of 15 feet. You may eventually get to homes 10 feet apart.

Commissioner Hafen

stated he would like to hear from the stakeholders on the changes since they were in favor of the language presented.

Commissioner Adams

motioned to continue to the May RPC meeting to have stakeholders present. Seconded by Commissioner Fowler.

Mr. Osborne

reviewed his staff report stated page 3 adds that at least one of the members of the RPC must be of the Real Estate, Land Development or Construction Industry. Page 5 under the Page 9 of 11 17. 18. 19. authority of the PRPC, deletes the Tentative Maps being reviewed by the RPC. The BOCC shall approve or act on all tentative subdivision maps.

Commissioner Fowler

motioned to recommend Bill 2017-11 to the BOCC with proposed changes. Seconded by Commissioner Clark.

Mr. Lacy

stated it has come to the staff’s attention that the subdivision is zoned MU and not VR as assumed.

Commissioner Hafen

stated the intent of the Ishani Ridge Subdivision was VR-8. He has spoken to Wendy Barnett with Great Basin Water Company and the water rights dedicated to them for single family residence, not Multi Family or Commercial. A zone change should be recommend for the area. .

Commissioner Fowler

asked if there would be argument against the zone change.

Mr. Lacy

stated there would be no argument, it is inconsistent with what the subdivision intent was.

Commissioner Clark

asked if this is a speculative zone change or normal course.

Mr. Lacy

stated it is up to the board to review and discuss if a zone change is appropriate. Public comment opened and closed at 7:47 pm and closed with no comments.

Commissioner Adams

motioned to direct staff to bring information on rezoning from MU to VR-

Mr. Sutton

stated the DA’s office will not be present for this meeting. They will all be at the Civil Government Attorneys Conference.

Commissioner Hafen

asked Mr. Lacy if there will be any items coming up that might need DA representation on.

Mr. Lacy

stated they will discuss those items with Mr. Sutton when staff is creating the agenda if there are any controversial items we will discuss not putting those on the agenda.

Commissioner Hafen

asked for staff to bring forward the sign ordinance as discussed, site development process in regards to Multi Family.