July 12, 2017

Commissioner Koenig

= Assessor Parcel Number = Age Qualified = Board of County Commissioners = Capital Improvement Plan = Conditional Use Permit _ = Development Agreement = Final Action Memorandum = Great Basin Water Company = General Commercial = Multifamily = Mixed Use = Nye County Code Nevada Division of Wildlife Nevada Revised Statues Open Meeting Law Open Space Pahrump Regional Planning District Public Utilities Commission Right of Way Regional Planning Commission Single-Family Residential Tentative Map tow we wot Pledge of Allegiance/Call to Order Meeting called to order at 6:00 pm.

Commissioner DeAnda

nominated Gregory T. Hafen, II. Seconded by Commissioner Fowler.

Commissioner Lee

motions to nominate Robert Adams. Seconded by Commissioner Fowler.

Commissioner Hafen

motioned to nominate Commissioner DeAnda. Seconded by

Commissioner Fowler

motioned to approve. Seconded by Commissioner DeAnda.

Commissioner Hafen

stated for any member that hasn’t attended OML within the last 12 months needs to attend. The OML training will be July 19" at 8:30 am at the BOCC chambers.

Mr. Sutton

will be moving over in October to the position of County Manager.

Ms. Beeman

stated Administration has asked the RPC move their meeting in September to the 20" due to new equipment being installed.

Commissioner Hafen

stated that will work for the board, and stated Commissioner Bennett called him and stated he will be unable to attend this evening. Commissioner Hafen stated he will be gone for the August meeting and could call in if needed. Page 2 of 13

Mr. Lacy

stated there is a Principal Planner position available in the Planning department. Darrin Pappa submitted a periodic update per his FAM. Stating they have been working into the annexation into Pahrump Utilities service territory, they have a cost estimate to bring utilities to the site, the financials have been revised with the amended number of RV spaces. The project is currently under review with the project owners and financers to see if it is still a viable project with the increased costs for utilities.

Commissioner Koenig

asks for the commissioners to sign those papers he provided on the OML and give them back to him if they have attended a previous OML training. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report

Mr. Lacy

stated the most recent month of June there have been 39 residential permits granted, which is more than they have done in 7 or 8 years. Recreational Marijuana has kicked off, there are several licensed establishments in the valley that are growing recreational Marijuana. Ex Parte Communications and Conflict of Interest Disclosure Statements

Mrs. Lee

stated she is recusing herself from Item #12. Her employer has been working with Nye County to obtain an easement within the Ishani Ridge Subdivision. For Possible Action — CU-2017-000038: Public hearing, discussion, deliberation and possible action on a Conditional Use Permit (CUP) application to allow a Commercial Kennel on approximately 1.11 acres of land zoned Rural Homestead (RH-4.5), located at 5741 E. Kent Street, Township 21 South, Range 54 East, Section 16, File Map #271177, Parcel 1, Kellogg Hillside Estates Subdivision. Janette Sibley — Property Owner. Pets Are Worth Saving — Applicant. Christian Sanders — Agent. AP# 045-151-32. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (QM) Qiana Medici reviewed her staff report, the applicant is requesting 22 animals on a regular basis to be housed there. They are also asking for boarding of up to 10 dogs. They are considering assisting Animal Control in the event they need housing or fostering of animals. Christian Sanders, applicant. He stated the proposal isn’t exactly what they were asking for. They have asked for on an emergency contingency basis to house up to an additional 45 animals. They initially asked for 6 months to get back to the 22 animals.

Commissioner Adams

asked if this is a continuation of a grandfathered use.

Mr. Sanders

stated this was a commercial kennel and they are asking to use this as a rescue facility.

Commissioner Adams

asked if access will be done through the home in the front.

Mr. Sanders

stated no, access would have to be through Kent St. If the county isn’t willing to improve Kent Street, then they will do it. Cody McKee stated if they wanted to improve Kent Street, it would have to be done to Nye County standards and go through site development.

Commissioner Adams

asked Mr. McKee if it is amenable if the need to improve the street they put down a base of type 2. Page 3 of 13

Mr. McKee

stated for PW to maintain it after they have done the improvement it would have to be done to Nye County standards. If they did anything less, they would be the responsible party to maintain the road.

Commissioner Adams

stated if they make it work, they would maintain it.

Commissioner Hafen

stated officially it is a public ROW owned by the County. It would need an encroachment permit, they would have to meet county standards to bring it to code. He assumed it would be brought through the residence, he was going to ask for a permanent easement to access the facility. But if they intend to improve Kent Street to county standards he would be happy to see that.

Mr. Sanders

stated they don’t know if they’d have the funds to bring it to county standards. There is a side easement on the property.

Commissioner Adams

stated that is still on someone’s private property. At some point something will have to a base down if you continue to use it. What is projected for vehicles per day?

Mr. Sanders

stated it will be twice a day most likely 3 to 4 people each time.

Commissioner Adams

asked if anyone will be on site after hours.

Commissioner Adams

stated he is concerned with that in the event that the dogs are barking or something raises their attention. Do the people at the front house have anything to do with the management of the facility?

Mr. Sanders

stated they do have his number to get him to the property.

Commissioner Hafen

asked if he could address the question from Commissioner Adams if they are part of the management.

Mr. Sanders

stated no they aren’t part of the management. Public comment opened at 6:21 pm. Beth Rupp she volunteers at Desert Haven and it gets crowded. If there is a hoarding situation they need more rescues in Pahrump.

Mrs. Medici

stated after discussion with the Planning Director, they would like to remove condition #10. If there is an emergency situation coming back to the PRPC would be an issue.

Mr. Lacy

stated leaving animal control approval would be left in, but to remove the RPC approval.

Commissioner Hafen

asked for clarification that they wouldn’t be removing #10 but modify to remove RPC approval and leaving in Animal Control and leaving the 45 maximum limit to this as well.

Commissioner Lee

stated the letter in the application speaks to rescuing dogs, you stated you would also work with Animal Control in a hoarding situation. Do you have the facilities and/or would you take horses and livestock or cats or are you limiting it to dogs. Page 4 of 13

Mr. Sanders

stated they don’t have the facility for livestock. They have a few people that have offered to foster cats, they have no facility to quarantine cats.

Commissioner Lee

asked the applicant has read and understood the conditions of approval and if they agree to the modification of condition #10.

Mr. Sanders

stated yes. Peggy Sanders stated they use foster homes as well, the kennel is simply to keep dogs who can’t go directly to foster homes. In a hoarding situation cats are difficult, they might find someone who can temporarily house some of the cats. They can come up with places to foster horses under them. The home owner has asked that they not keep cats there.

Commissioner Hafen

stated for the record the Commercial Kennel only allows dogs and cats. Livestock isn’t prohibited under the Commercial Kennel license, but we aren’t talking about large animals here.

Commissioner Koenig

stated during the recent hoarding case Chris contact him and asked how he could help. He and some others help gathered up the animals. Tim Sutton stated the applicant requested approval from 22 animals. With the opportunity to have up to 45 are we raising the limit to 45 or still only in the case of emergency?

Commissioner Hafen

stated 45 only in the case of an emergency with Animal Controls approval.

Commissioner Blundo

asked for clarification that they will have 22 with an additional 45 making a total of 67?

Commissioner Hafen

stated a maximum of 45 for a period not to exceed 6 months and they have to work with Animal Control.

Commissioner Adams

asked if we can add finding #7 into a special condition. If there is a breach of the peace of the neighborhood that we review the CUP.

Ms. Sanders

stated there is a commercial kennel next door that also have dogs that do bark continually.

Mr. Sanders

stated it isn’t likely to tell which property the barking is coming from.

Commissioner Hafen

stated Animal Control would have to come out and determine where the noise is coming from. In addition to the noise is the odor and traffic issues. This runs with the land, one of his concerns is the traffic on Kent Street. If by adding finding #7 it would alleviate his concern with the traffic.

Commissioner Lee

asked if they were already occupying the property.

Commissioner Adams

motioned to approve CU-2017-000038 based on findings and subject to special conditions of approval, removing #10. Adding special condition that it comes back in 1 year. Motioned died for lack of second.

Commissioner Hafen

would like condition #10 to stay but be amended to allow up to a maximum of 45 in the event of an emergency, removing the PRPC but allowing it to be controlled by Nye Page 5 of 13 10. 11. County Animal Control. That is a motion he can support in addition to the addition of

Commissioner Adams

amended his motion to keep condition #10 that in the event that it goes to 45 it is reviewed by Animal Control and the CUP is reviewed in 1 year. Seconded by

Mr. Osborne

reviewed his staff report, the applicant is not adding any additional building just applying for reinstatement of grandfathering.

Commissioner Blundo

asked if the applicant has applied for Site Development. Do they intend to open the business as it was with the bar/restaurant and hotel?

Mr. Osborne

stated that is correct, they aren’t planning on expanding.

Commissioner Hafen

stated if they do intend to expand they will have to come back for a different CUP, to bring everything up to code and meet all parking/paving requirements and building codes.

Commissioner Blundo

motioned to approve CU-2017-000039 based on staff's findings and subject to the special conditions of approval. Seconded by Commissioner Lee.

Ms. Beeman

reviewed her staff report and staff is recommending approval of the application. The dust control will be monitored and if not found sufficient they have added conditions of approval # 2, #3 and #4.

Mr. Lacy

stated in prior applications that have had waivers approved they have not waived all of the paving as they are requesting in this one. Based on the business plan by the applicant and the layout of the facility, there isn’t an office or a true entrance for the public to come into the property that would be appropriate for paving or parking that is normal for other facilities. It will be monitored and if there isn’t proper dust mitigation they will bring it back for review.

Commissioner Hafen

asked for clarification that they are waiving all paving including the encroachment portion of the entrance.

Mr. Lacy

stated that is what the current plan is showing.

Commissioner Hafen

asked for clarification that they are waiving the landscaping as well.

Mr. Lacy

stated yes. Cody McKee stated in conversation with the applicant it isn’t understood by PW that the offsite paving is going to be waived, this is specific for onsite drive aisle and parking. There is still a right tum lane off Homestead for access onto Zolin, eliminating the two approaches onto Homestead and reducing the access points on Zolin. There will be offsite improvements.

Commissioner Hafen

asked for clarification that there will be a right turn lane off Homestead onto Zolin.

Mr. McKee

stated currently that is what is proposed.

Commissioner Hafen

stated nothing on the ROW on Zolin for the entrance.

Mr. McKee

stated it is currently a paved approach. One will be going away and the other will be made into a commercial approach for the property. Debra Strickland, applicant stated she has a minor correction. There is pavement running up to the residence and unit C. They do have bids from Wulfenstein for pavement for the entrance off of Zolin and the pavement would continue to building R, which is the addition to the residence and on past the first portion of the shop. It would go in conjunction with building C and per recommendation of the Building Department that is where they would have handicap access.

Commissioner Hafen

asked if she is amendable to adding the ADA access as a condition.

Commissioner Hafen

asked for clarification on the screening of the facility.

Mrs. Strickland

stated they have a nice fence already and slat the system, as she puts in the 6 foot fencing with barb wire on top it will also have slats.

Commissioner Hafen

asked staff for clarification that current code states chain link with slats isn’t appropriate.

Ms. Beeman

stated she doesn’t have the code in front of her and isn’t sure of the wording.

Commissioner Hafen

stated under the landscaping ordinance 17.04.740 under E. It states Chain link fence with slats does not constitute acceptable full screening. Page 7 of 13

Commissioner Adams

asked public works how to write into the conditions of approval for the right turn pocket.

Mr. McKee

stated that can be left vague enough for the design to be specified in the review process.

Commissioner Hafen

stated that can be added into Condition #5 and address the ADA paving and the right turn pocket.

Ms. Beeman

stated in the new ordinance it does speak to commercial landscape requirements and it specifically states chain link fence with slats does not constitute acceptable full screening.

Commissioner Hafen

asked what does constitute acceptable screening.

Mr. Lacy

asked for clarification that the screening requirement is separating commercial from residential uses.

Ms. Beeman

stated that was the old code, and that language isn’t there anymore.

Mrs. Strickland

stated this is a preexisting business with existing facilities and they are adding warehouses to it. Is expansion looked at differently?

Mr. Lacy

asked if they owned the properties on the two sides.

Mrs. Strickland

stated across Zolin and Homestead they don’t.

Commissioner Hafen

stated that is his concern with the landscaping and screening, he agrees with

Mr. Lily

he would like to see the screening and landscaping on Homestead. At least the portion at the entrance he would like to see additional landscaping.

Mrs. Strickland

asked if she could use a building as obstruction. As well as something else she would work out with staff.

Commissioner Hafen

asked staff if this would be amendable to code.

Ms. Beeman

stated she believes so, there is a zero setback in this zoning category. Would it be a block wall?

Mrs. Strickland

stated it would be steel buildings.

Ms. Beeman

stated the code doesn’t call out other than a solid opaque wall or fences. There is an 8 foot maximum though.

Mrs. Strickland

asks the board to consider that and continue to use the buildings.

Ms. Beeman

stated the street side which would be Zolin would be a 20 foot setback, the front on Homestead would be 20 feet also, and the rear is a 30 foot setback. Page 8 of 13 12.

Mrs. Strickland

stated that she wouldn’t be moving the buildings, just moving the fence in line with the building to utilize the building as buffer.

Commissioner Lee

asked the applicant if she has read and understood all the conditions of approval.

Commissioner Fowler

asked for clarification that the facility wouldn’t be manned with employees.

Mrs. Strickland

stated there is new software out there that now uses kiosks that handle everything. From payment to copies of your driver’s license. It emails you your contract and lets them select what unit they want and it will then unlock that unit for them.

Commissioner Blundo

asked Mr. Lacy if it is normal procedure to waive NCC if we haven’t done it for other businesses. Or is it based on special circumstances on this project.

Mr. Lacy

referred to Mr. Sutton.

Mr. Sutton

stated our code does allow for waivers, there are findings that need to be made, he is unaware if the other business have applied for waivers. There isn’t anything improper of anyone utilizing the code with the provisions therein. It is up to the board to take in all comments that have been made to make the decision on whether or not to grant the waiver.

Commissioner Hafen

stated they have approved a number of mini storage facilities to not have paving due to low traffic volume. The last approval had a 8 foot block wall to abut the residential lots.

Commissioner Blundo

asked for clarification that there will be a dedicated right turn lane from Homestead onto Zolin.

Mr. McKee

stated it will be if it is in the motion.

Commissioner Blundo

stated the proposal will be to Nye County standards.

Commissioner Adams

motioned to approve WV-2017-000048 based on staff’s findings and subject to the conditions of approval adding in ADA access, a right turn pocket lane coming off Homestead, and that the applicant works with staff to screen the interior from exterior view. Seconded by Commissioner Lee.

Commissioner Lee

left the meeting. For possible action — ZC-2017-000014: Public hearing, discussion, deliberation and possible action on a Zone Change application to change approximately 88.0 acres from the Mixed Use Page 9 of 13 13. (MU) Zoning District to the Village Residential (VR-8) Zoning District and the Open Space, Parks & Recreation (OS) Zoning District, further described as all parcels within Ishani Ridge Subdivision Phases 1 & 2, Township 20 South, Range 53 East, Section 15. The following parcels are proposed to be zoned VR-8: all parcels within Ishani Ridge Subdivision Phases 1 & 2 excluding Common Element lots A, B, C and D, community park lot, and well lot. The following parcels are proposed to be zoned OS: Common Element lots A, B, C and D, community park lot, and well lot. Multiple Property Owners. Pahrump Regional Planning Commission — Applicant. Total of 256 parcels. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for August 15, 2017 at 11:00 a.m., or soon thereafter, unless otherwise announced.) (SO)

Mr. Osborne

reviewed his staff report. The original intent of the subdivision was to be single family residential lots. There are 10 homes built, all single family detached homes. VR-8 would be the appropriate zoning with 4 common elements which are basically for landscaping which should be OS zoning. The large lot in the interior was intended to be a park with a small lot next to it, both to be zoned OS.

Mr. Lacy

stated planning staff believes this is a housekeeping issue and the subdivision map that was put in place after the zoning was to support SFR. The MU zoning is confusing people even though it can’t be built to anything other than SFR unless the maps and infrastructure are modified to support something different.

Commissioner Hafen

stated he has spoken to GBWC and the water rights that have been dedicated are for SFR and not MF or Commercial.

Commissioner Blundo

asked if there are any intent moving forward on this property as of now.

Mr. Lacy

stated the developer that developed the property went into bankruptcy. There were multiple owners as part of the development group that went through the process of bankruptcy and then bought smaller lots, and some lots under the tax sale. After the tax sale there were inquiries as to MF zoning and staff wanted to bring this forward to represent what zoning is appropriate for the SFR subdivision.

Commissioner Hafen

stated after reading newspapers there is very minimal infrastructure.

Mr. Lacy

stated that is correct. Public comment opened at 7:27 pm and closed with no comments.

Commissioner Adams

motioned to recommend approval of ZC-2017-000014. Seconded by

Mr. Osborne

reviewed his staff report. At the last RPC meeting it was brought to attention that the master plan didn’t match the zoning. This is a housekeeping item to fit the area and be consistent with the other parcels. Judith and Salvador Hernandez are the property owners and support the zone change. They are local general contractors and they would like to use the properties for their office. When the time comes they will present those to staff and it will be a positive change for the area.

Commissioner Hafen

stated this came about because of the Tattoo parlor. They wanted to do some housekeeping and clean inconsistencies up.

Mr. McKee

stated they would like an Offer of Dedication of 40 foot of ROW on parcel 044-221- 01.

Commissioner Hafen

asked if the Planning Commission would pay for the mapping and engineering or can that be done in house.

Mr. McKee

stated it would just be a survey.

Mr. Lacy

stated he isn’t sure if we can ask the property owner to dedicate, since it is already developed.

Mr. McKee

stated we could do the survey.

Mr. Lacy

asked Mr. Sutton for clarification that a condition of the ZC would be to dedicate the ROW or they don’t get the zone change.

Mr. Sutton

stated that is something that could be added, but isn’t comfortable to adding it without them being here or notified it could be a condition. .

Mr. Lacy

stated they are only getting the masterplan update, they are zoned appropriately.

Commissioner Hafen

asked for clarification if they wanted to do anything with the property they would have to come back before us or if they made it subject to the road dedication, there isn’t Page 11 of 13 14. anything down the road that says if they want to develop the property that this still won’t be a condition that has to be met.

Commissioner Adams

asked for clarification that the construction yard would be in the appropriate zoning.

Commissioner Hafen

stated they just referred to building an office.

Commissioner Blundo

asked for clarification on the Road Dedication.

Commissioner Hafen

stated they will make it a condition of approval and the Masterplan amendment won’t be official until they have completed it. They don’t need the masterplan amendment change unless they plan on further developing the property. In the event that they further develop the property then they will be required to dedicate the ROW which will require a surveyor.

Commissioner Adams

stated they will add that the survey be done by Public Works with no cost to the applicant.

Commissioner Blundo

motioned to approve MP-2017-000004 and ZC-2017-000015 based on findings and subject to the conditions of approval adding the dedication of the 40 foot ROW and the survey to be done by Public Works. Seconded by Commissioner Adams.

Commissioner Hafen

directed staff to bring back the following for the September meeting:

Commissioner Fowler

asked when they will be meeting again as the CIP committee.

Commissioner Koenig

stated he believes they need to meet quarterly.

Mr. Lacy

stated they will put that down for the next meeting. He also stated they might have to have a show cause hearing for a special conditions CUP. It might not be ready for the next RPC meeting.

Commissioner Koenig

stated for her to contact the sheriff.

Mr. McKee

stated to contact public works.