December 13, 2017

Commissioner Koenig

Assessor Parcel Number Board of County Commissioners Certificate of Occupancy Conditional Use Permit District Attorney Final Action Memorandum General Commercial Nye County Code = Nevada Revised Statues Pahrump Regional Planning District Public Utilities Commission Right of Way Regional Planning Commission Single-Family Residential Special Use Permit = Temporary Use Permit tot asl Pledge of Allegiance/Call to Order Meeting was called to order at 6:01 pm.

Commissioner Fowler

motioned to approve. Seconded by Commissioner Blundo.

Commissioner Hafen

stated for the record Commissioner Lee is absent from the meeting tonight.

Commissioner Adams

stated the Nevada DOA noxious weed meeting is tomorrow. 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 Blundo

stated for Item #10 he catered for the property owners and will not be abstaining from the item and item #9 he had a civil lawsuit many years ago with the property owners and will also not be abstaining from the item.

Commissioner Fowler

will be abstaining from Item #11 his insulation company works for Double M Construction and he is employed by the racetrack.

Commissioner DeAnda

will be abstaining from Item #11 her son has contracts with Double M Construction and the racetrack. For possible action — CU-2017-000040 (Continued from the November 15, 2017 meeting): Public hearing, discussion, deliberation and possible action on a Conditional Use Permit application to allow a Body Art establishment on property zoned General Commercial (GC). This will allow the High Class Smoke Shop to expand its current operations to include Body Art (Tattoo) services located at 1500 E. Nevada Hwy. 372. The establishment is in the General Commercial (GC) Zoning District, further described as Calvada Valley U.6 Lot 16 Block 2, AP# 038-271-03. Bedson LTD Partnership — Owner. Khair Pash Fazal — Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (JE) Joe Ehrheart presented his staff report and stated there was one letter of opposition received. Staff can’t find sufficient justification to recommend approval of the application. If the application is approved there are conditions of approval listed. Khair Pash Fazal applicant stated when he found out about the problems they have told the employees they aren’t able to stay at the business and they have corrected any problems.

Commissioner Adams

asked what measures the applicant can take to insure the issues that were happening previously won’t happen in those three private rooms. Page 2 of 18

Mr. Fazal

stated he can guarantee these things won’t happen he has cameras and can watch from Vegas.

Commissioner Blundo

asked how many total cameras he has in the establishment.

Mr. Fazal

stated 4 or 6.

Commissioner Blundo

asked if the rooms will be open or have curtains on the door.

Mr. Fazal

stated he would rather leave it open, but when occupied he will have curtains.

Commissioner Fowler

asked Mr. Fazal if he has a back ground in tattoo parlors.

Mr. Fazal

stated no. He wants to hire a professional tattoo artist to do the tattoo portion.

Commissioner Fowler

asked if there were any managerial changes after the issues with the fire chief and police.

Mr. Fazal

stated yes, he got in touch with them.

Commissioner Blundo

asked if he will hire someone to manage the tattoo parlor or do that himself.

Mr. Fazal

stated he will have hire someone for all three rooms, he will be the one watching them and can fire them.

Commissioner Blundo

asked staff if they will be in compliance with the behavioral health and safety back up.

Mr. Ehrheart

stated all existing businesses will have to come into compliance with the new regulations. They have stated it will be heard at the next legislative session.

Commissioner Koenig

stated the problem he will have is the building doesn’t conform to the new regulations. There will be modifications that will be needed.

Mr. Fazal

stated he does have an extra room with a sink. Public comment opened at 6:22 pm and closed with no comment.

Commissioner Adams

asked staff if there is a date when the state will be monitoring the tattoo parlors.

Mr. Ehrheart

stated there is no set date, but it will be effective immediately and they will hit all the rural counties that have had no regulations.

Commissioner Blundo

asked the applicant if they have read the conditions of approval.

Mr. Fazal

stated no, he just received them not long ago.

Commissioner Adams

motioned to continue to the next meeting and for an inspection to be done by the fire chief again. Seconded by Commissioner Fowler.

Mr. Ehrheart

stated the applicant was emailed all the documents prior.

Commissioner Hafen

stated for clarification that the applicant did have time to read them, and understands staff is recommending denial and based on what they have before them he sees no issue that they don’t move forward. Page 3 of 18 10.

Mr. Ebrheart

reviewed his staff report and stated staff of recommending approval of the application subject to the conditions of approval as stated. Jennifer Kleinert, applicant. Pablo Encinias — business consultant.

Commissioner Hafen

asked if they have read and understood the conditions of approval.

Mr. Encinias

stated the protest letter has a lot of miss-information and miss-statements. He is sure the Commissioners, staff and committee has looked at the letter and found that isn’t applicable and/or very little weight given to it. Mr. Wexler, the tattoo artist has over 20 years or experience. He has passed the Clark County exam. He is aware of the new proposed regulations that are to be in place. He will be putting in the second sink by January. The privacy concern is address by having shades or curtains to separate each space. Ms. Kleinert is under an apprenticeship and the manager. They have lined up to do a fundraiser for the community for the two children that have been hurt recently.

Commissioner Blundo

motioned to approve CU-2017-000044 based on findings and subject to the conditions of approval. Seconded by Commissioner Fowler.

Commissioner Adams

stated the property is located next to a planned housing track, but there are no plans to develop at this time.

Commissioner Adams

asked the track was developed as far as the over lay prior to keeping of the tigers on the subject parcel?

Commissioner Adams

asked if a CUP could be issued with a stipulation that when the properties are developed it would expire.

Mr. Osborne

stated it could be placed as a condition but would defer to the DA’s office. Ronni Boskovich stated the board would have the option to place any condition they chose on the CUP.

Commissioner Hafen

asked for clarification that there is currently not a valid CUP on the property.

Mr. Osborne

stated that is correct.

Commissioner Hafen

asked if there was a valid title 6 permit on the property.

Mr. Osborne

stated Animal Control staff is here and could respond to that. Harry Williams - Nye County Sheriff’s department stated there is no Title 6 permit. It has been expired since November 24", 2016. Marla Zlotek, Nye County DA’s office. Asked for clarification that the board is asking for a Title 6 permit as opposed to a license special use permit.

Commissioner Hafen

stated yes, a Title 6 permit.

Commissioner Blundo

asked Mr. Osborne when the subdivision plans went in.

Mr. Osborne

stated that is a preferred equity subdivision and it would have been somewhere in the 1970 — 1980’s.

Commissioner Blundo

asked if they are allowed to bring up items that were under the previous CUP at this meeting.

Ms. Zlotek

stated if they are included in the staff report or the applicant brings those items up, then they can be addressed. She isn’t sure if the items Commissioner Blundo is referring to are contained in the back up.

Commissioner Blundo

stated he believes they are relevant, and asked Lieutenant Williams to address the questions.

Commissioner Blundo

asked how Lieutenant Williams gets to their property. Page 5 of 18 Lieutenant Williams stated he drives N. on Hwy 160 turns W. on Leslie and then turns on another road that in turn, turns into a dirt road and zig zags several times before he gets to the South part of the property which has a main gate.

Commissioner Blundo

stated the applicant has applied for a Title 6 special use animal permit, correct. Lieutenant Williams stated yes.

Commissioner Adams

asked Lieutenant Williams if they have been denied access by the applicant. Lieutenant Williams stated yes, they have been denied access by the applicant to go on the property.

Commissioner Adams

stated his understanding of the Special Use is that if Animal Control wants access they are to be given access. Lieutenant Williams stated if they have a current license at the time, but by the time they did the inspection the license was invalid.

Ms. Zlotek

asked for clarification on the license or a title 6 permits. Lieutenant Williams stated a title 6 permit.

Commissioner Adams

asked if they were denied access as an animal control officer. Lieutenant Williams stated yes, Animal Control were denied access.

Commissioner Adams

asked if there are current inspection reports on file. Lieutenant Williams stated they currently did an inspection in October when they applied for a Title 6 license, and yes they went on the property at that time.

Commissioner Hafen

stated for the record a Title 6 permit.

Commissioner DeAnda

asked if the conditions were acceptable for the animals. Lieutenant Williams stated he didn’t see anything wrong with the animals, they looked well fed and take care of.

Commissioner DeAnda

asked if they were secure. Lieutenant Williams stated yes. Karl Mitchell, stated he is the applicant and when he filed an application on November 9" 2017 he filed a letter and proof with necessary back up with proof to Mr. Lacy that these are emotional support animals and it has been established by his doctor for consideration as a support animal under federal law. His need for these animals is established under NRS 118, and Federal Protections under HUD. It is his desire to have this CUP for Special Condition Animals for a period of 5 years. They are in a purchase agreement for the property that will take 5 years. A CUP for a shorter amount of time will interrupt his ability to buy the property. He also desires the conditions that are placed on the property allow visitation to the property by his family and friends, as well as the right to publish or be involved in filming documentaries highlighting his special circumstances. They are contacted by media and others that are interested in emotional Page 6 of 18 support animals for disabled veterans. He isn’t involved in any type of business. He isn’t asking to exhibit to the public but it is his desire to remain private and stated that letter wasn’t in the back up. He just wants to have his emotional support animals. They haven’t had any problems, the current CUP expired November 2017. Kayla Mitchell, stated it expired November of this year.

Commissioner Hafen

stated for the record the letter he referred to was in the back up.

Mr. Mitchell

stated in the back up there is references to the website and in 2012 they made changes to the website. In 2010 the USDA made a charge that the website constituted exhibiting and a Federal Judge ruled at that time there was no evidence or proof of any one being exhibited to or paid a fee. He stated as of today no one has paid a fee to enter the property.

Mrs. Mitchell

stated in 2012 per Frank Carbone’s request she changed the wording on the website, and she didn’t have to do that as the judge stated that a website doesn’t constitute a business or exhibiting. Nothing has changed since that time. In 2015 the CUP was granted and the website remains the same and they aren’t running a business.

Mr. Mitchell

stated no one in Nye County has presented any evidence they have exhibited for a fee. The website will take you to donate and buy t-shirts or coffee mugs but you can’t book a tour. They have had to tell their family and personal friends they aren’t allowed to be on the property. They are just asking for another CUP and they will not sign any notarized letter stating they will not do anything illegal.

Mrs. Mitchell

stated it isn’t right that they can’t show everyone that he has worked in movies, worked with Madonna and Michael Jackson. It isn’t fair for people to say they don’t like it, everyone should be proud of his work.

Commissioner Hafen

stated he doesn’t believe staff or the board have stated they didn’t like it, he believes it was a letter of opposition that was received.

Mr. Mitchell

stated NRS and the federal government protect emotional support animals. They ask that they be allowed to live in peace without being harassed or questioned that they have been exhibiting, there is no proof that exists from 2012 to now that they have exhibited. Staff recommendation is off base, no proof exists. A letter from a bureaucrat that was put into a file by a County Commissioner who doesn’t care for our lifestyle has no bearing.

Mrs. Mitchell

stated for the record her husband is a State of Nevada Humane Officer under NRS 574 they are exempt from the CUP. Every time they bring it up, it gets shoved under the rug.

Commissioner Blundo

asked for clarification on the applicant’s last statement on being a Humane Officer and being exempt. Brett Waggoner stated staff wouldn’t have a comment on whether or not he was one.

Commissioner Hafen

stated the reason we are here is because they filed an application.

Mrs. Mitchell

stated they were forced to file an application, but she just wanted it stated for the record.

Commissioner Hafen

asked how many animals are on the property.

Mrs. Mitchell

stated 10 tigers, 5 dogs.

Mr. Mitchell

stated and 4 empty cages. Page 7 of 18

Commissioner Hafen

asked for clarification that the original permit was in 2012.

Commissioner Hafen

asked if since 2012 the numbers of tigers fluctuated. Lost any or brought any in.

Mrs. Mitchell

stated she hasn’t bought any, but she has had a couple born and a couple pass away.

Commissioner Hafen

asked how many have been born.

Mrs. Mitchell

stated she can’t quite remember, but she knows two.

Commissioner Hafen

asked for clarification if two were born then two passed away.

Commissioner Hafen

asked for clarification that the applicants received a copy of the staff report and that staff is recommending denial of the application.

Commissioner Hafen

stated they do have alternate conditions if the board were to find findings and asked if the applicants have read those.

Commissioner Hafen

stated there has been discussion of exhibiting and one of the conditions is that you would not exhibit the animals.

Mrs. Mitchell

stated neither she nor her husband are exhibiting or plan to.

Mr. Mitchell

stated the USDA definition of exhibiting means to the public for a fee. If they don’t have the public coming in and they aren’t charging a fee then they aren’t exhibiting. The staff report recommends 2 years, they are asking for 5 years.

Commissioner Hafen

stated for clarification that they are recommending denial which is zero years. If we find additional findings it would be a condition of 2 years.

Commissioner Adams

asked if there is a liability policy.

Mr. Mitchell

stated it isn’t required by NCC.

Commissioner Adams

asked if all Special Condition animals are currently registered with Nye County.

Commissioner Adams

would like a condition added that if any of the adjacent parcels are developed the CUP would be void and asked the applicant if that would be amenable.

Commissioner Blundo

asked the applicant if they have ever had a tiger loose or escape. Page 8 of 18

Mr. Mitchell

state no. Ray Mielzynski, property owner stated 2 years ago they were able to get a CUP, they are looking for the best thing for the tigers. The tigers have been on the property for 7 years with no problems. If the tigers are moved or forced off the property they might die. They have the ROW with BLM and the road was cut to access the property.

Commissioner Bennett

asked how close the residence was to the cat enclosures.

Mr. Mitchell

stated around 500 feet.

Commissioner Bennett

stated if you have friends and family over to the house it would be possible to entertain without going anywhere near the cat enclosures.

Commissioner Bennett

stated the applicant stated he wants to be a private person, if they want to do documentaries how is that being a private person.

Mr. Mitchell

stated he has an obligation to the world to show them the problems with big cats, the tigers have not disappeared in our life time from the wild, that they have been successful at breeding and keeping them alive in our lifetime. More importantly show they are emotional support animals. He has a right and is sought out every day for information.

Commissioner Bennett

asked why they denied access to Animal Control.

Mr. Mitchell

stated one time Animal Control made a demand for entry without stating what their purpose was. This permit doesn’t waive his 4" amendment right.

Mrs. Mitchell

stated the next day Animal Control came back, stated why they were there and they allowed them in.

Mr. Mitchell

stated Animal Control is now run by the Sheriff’s office, the cops don’t respect the owners or animals and they’ve shown this by shooting animals in fear. When they show up at my gate with all their guns and a body camera, demanding to be let in they are immediately going to go into protection.

Commissioner Hafen

stated they need to understand that one of the conditions of approval states any Code Compliance Officer, Animal Control Officer, Sheriff's Officer, or other authorized representative shall have the authority to enter upon the property. If there is a report, Animal Control has an obligation to investigate, even if a false claim. They shall have access to the property if they get a CUP.

Mr. Mitchell

asked Commissioner Hafen that as the chairman of the board, he can make rulings that compromise or conflict with the constitution of the United States. He stated shall and must.

Commissioner Hafen

stated when he is asking for a special condition permit these are the conditions.

Mr. Mitchell

stated they have no problem with letting them in.

Commissioner Bennett

asked the applicant if they have cameras on the property and the main gate where officers may be.

Mr. Mitchell

stated yes and there are 4. Page 9 of 18

Commissioner Fowler

asked the applicant about his website bigcatencounters.org/bigcattours. It states children are welcome when accompanied by adult and visit the donate tab to make a deposit and put reservations in the purpose box. To him that sounds like being open to the public and there is no liability insurance.

Mr. Mitchell

stated he said that liability insurance was not required.

Commissioner Fowler

asked if there is liability insurance.

Mr. Mitchell

stated yes and stated that the donate button doesn’t work on the website. Meeting went into recess at 7:19 pm. Meeting reconvened at 7:28 pm. Ronni Boskovich clarified for the record under 7 US Code § 2132 for the definitions the term exhibitor means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary. And if you look on the USDA website the definition of compensation is prizes, stipends, products or publicity that directly benefits that persons business including donations. And as a second point of clarification in the U.S. Dept. of Agriculture court case the facts stated in the case are contradictory to the facts Mr. Mitchell has stated here today.

Commissioner Fowler

asked how so.

Ms. Boskovich

stated the court case states that the USDA found that Mr. Mitchell was exhibiting the tigers.

Commissioner Hafen

stated to Mr. Brooks to please watch his language. Public comment closed at 7:46 pm.

Commissioner Hafen

stated for clarification on February 2013 the CUP was revoked by the RPC, then April 2013 that appeal was upheld by the RPC.

Mr. Osborne

stated that is correct.

Mr. Mitchell

stated he had a point of clarification from Ronni Boskovich, the exhibition he was referring to was specifically about the website. There may have been some convictions about ex- exhibiting but his specific point is that the federal court said the website doesn’t constitute exhibiting. They have been lawful and legal from the time they were granted the permit, anything that happened prior to that it can be opened for discussion but any revocations that happened during their course of living in this town were illegal even if it was upheld. District Court ruled they needed a CUP and they were given one. They haven’t had their permit revoked. Their commitment is if the sheriff comes to the gate wanting in, they will allow them in without opposition. If the subdivision starts to develop, they wouldn’t want to live there anyway. If it happens before the 5 years, they would be amenable to the conditions added.

Commissioner Hafen

asked Mr. Mitchell to address the comment by the public about the Humane Officer.

Mr. Mitchell

stated it is a NRS, it’s a private shelter, under NRS 574.040, and they are a private humane society. Three people can come together to create a Private Humane Society.

Commissioner Hafen

asked if the badge was from the District Court.

Mr. Mitchell

stated it is issued by the State of Nevada District Court.

Commissioner Hafen

stated for the record that they did have a permit revoked in 2013, then Mrs. Mitchell did obtain one after it was revoked.

Mr. Mitchell

stated the revocation was based on exhibiting without a permit and there was not a licensed person there. There was a licensed person there, there was nothing stating they couldn’t exhibit. At the time it said you could exhibit as long as you aren’t violating any federal laws. The CUP was revoked based on the statement they were exhibiting without a license when in fact they had a licensed trainer there for just that situation.

Commissioner Blundo

asked Mr. Mielzynski what has become of the ROW and why is it not being utilized.

Mr. Mielzynksi

stated people make their own determination on how to access the property. They cut across the desert because it is a short cut. He maintains the ROW but can’t stop people from driving across the property. Page 11 of 18

Commissioner Hafen

asked where the gate with the camera is located. Is it on the BLM ROW or adjacent to the other lots.

Mr. Mitchell

stated they are on several positions.

Commissioner Hafen

asked Mr. Mitchell where the gate that is used to enter the property is located.

Mr. Mitched

stated at the easement. They enter the property off the easement.

Commissioner Fowler

asked who he could talk to about the Ranch Parties and Special Events.

Commissioner Fowler

stated they went out of their way to remove the donation button however they didn’t remove information about parties and special events.

Mr. Mitchell

stated he will modify the verbiage on the website so others won’t misinterpret what they do.

Commissioner Fowler

stated there could be a lot of misinterpretations when the website states they offer parties.

Mr. Mitchell

stated if someone makes them an offer and there is no way for you to take them up on the offer, then the offer doesn’t exist. His position with the USDA is that he is a private person that is why they haven’t done anything about the website and that is why they haven’t charged them with any exhibiting since 2012 because they are private and not open to the public and don’t allow the public in or accept a fee for a tour.

Commissioner Blundo

asked staff if they were to go over to take a picture with Mr. Mitchell’s tigers will there be an issue.

Mr. Osborne

stated staff isn’t concerned with one person taking a photo.

Commissioner Blundo

stated these are the photos that will come on Facebook and start a frenzy. He stated moving forward they just want compliance from the Mitchells.

Mr. Waggoner

stated the question isn’t about pictures, the question has been that there have been determinations and opinions that it has been solicited.

Mrs. Mitchell

stated she had to miss her uncle’s funeral in 2015 because she got in trouble because her friends came and hung out with her.

Commissioner Hafen

stated we are here for land use and whether or not this is an appropriate location.

Commissioner Adams

asked if they will comply with the 14 conditions of approval.

Commissioner Hafen

stated he has concerns for the communities’ safety and the Mitchells safety. He doesn’t believe the items that need to be addressed have been tonight.

Commissioner Blundo

motioned to approve CU-2017-000045 based on the findings #1 the property is in compliance with RH-4.5 and the current adjacent lots are unbuildable. #2 they are viewed compatible as a ranch sanctuary, #3 the issue is address by gravel road on woodchips with Page 12 of 18 11. the BLM ROW, #4 the conditional use is improved at this time and the adjacent lots are not and unbuildable, #5 the applicant and property owner utilize the BLM ROW with the gravel road that is there, #6 there would be no additional costs at this time, #7 does not appear to use or create traffic, noise, smoke glares or odors, #8 it is consistent with RH-4.5. Subject to special conditions adding condition #14, adding the additional condition #15 being if the adjacent lots are developed it shall void the CUP, and the CUP shall have a term of 5 years as requested by the applicant.

Commissioner Adams

stated he will second the motion if Commissioner Blundo removes the adjacent RE-1 properties as being unbuildable.

Commissioner Blundo

stated he amends his motion to remove the statement under finding #1 that the lots are unbuildable.

Commissioner Adams

seconds the motion.

Commissioner Blundo

asked Lieutenant Williams if Nye County has the facilities to house 10 tigers. Lieutenant Williams stated no.

Commissioner Fowler

motioned to deny.

Commissioner Hafen

asked the DA’s office if they need another motion for denial if the motion to approve failed. Marla Zlotek stated no.

Commissioner Hafen

stated that it automatically fails and the application is denied if there isn’t another motion.

Ms. Zlotek

stated correct. Meeting went into recess at 8:13 pm. Meeting reconvened at 8:18 pm. For Possible Action — WV-2017-000062: Public hearing, discussion, deliberation and possible action on a Waiver application to allow an Animated/Electronic Free-Standing On-Premise Sign with a height of thirty feet three inches (30’ — 3”) where Nye County Code allows a maximum sign height of twenty-five feet (25’), and a sign area of two-hundred forty (240) square feet where two-hundred (200) square feet is the maximum sign area allowed in the Mixed Use (MU)/Special Project Overlay (SO) Zoning District, located at the Spring Mountain Raceway, 3601 S. Nevada Highway 160, Pahrump, Nevada, Assessor Parcel Number 027-741-19. Spring Mountain Raceway, LLC — Property Owner. Double M Construction — Applicant. Russ Meads — Agent. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO)

Commissioner Fowler

and DeAnda are abstaining from the item and have left the meeting. Page 13 of 18 12.

Mr. Osborne

reviewed his staff report and staff is recommending approval of the application. Code isn’t very clear when it describes electronic message signs or animated signs. Staff believes technically this is an electronic sign.

Commissioner Hafen

asked if an electronic sign is permissive in the MU district.

Commissioner Hafen

asked the applicant for clarification that the only thing they are asking a waiver for is the height and size of the sign. Russ Meads, Double M Construction, stated that is correct.

Commissioner Hafen

asked staff if the special condition that start of construction has to happen within 1 year. Is it clear that it has site development or building permit pulled? It needs to be clear for a sign and maybe it should be 2 years to complete the sign.

Mr. Osborne

stated that would be fine. Russ Meads stated by next week they would be ready to construct.

Commissioner Hafen

asked the applicant if complete construction of the sign in 2 years would be find.

Commissioner Koenig

asked for clarification from Mr. Meads on the type of sign it will be. The case description states an animated electronic free standing sign. NCC prohibits an animated signs except for casinos.

Mr. Meads

stated it is a message board that would be able to be changed from within an office. The address 3601 S. Nevada Hwy 160 doesn’t show up very well in Google Maps. The facility sits back 200 feet and in order to properly direct customers they are asking for the sign. This sign will be able to advertise for the groups that are coming for the day.

Commissioner Adams

motioned to approve WV-2017-000062 based upon findings as shown in the staff report and subject to the conditions of approval. Seconded by Commissioner Bennett.

Commissioner Blundo

asked for clarification for 2 years from completion.

Mr. Meads

stated one year is fine but if they want 2 years that is okay.

Commissioner Adams

amended his motion to include 2 years for completion of the sign.

Commissioner Bennett

amended his second.

Mr. Waggoner

stated they would like to add a restriction that the property reverts back to NC if the business is ever closed.

Commissioner Hafen

asked if that is acceptable to the DA’s office.

Commissioner Koenig

asked for clarification on the condition. Does this condition also mean that the only thing that this can be is a motor freight terminal?

Commissioner Hafen

asked if the applicant would be required to go through the site development plan process, and that would address the dust concerns.

Ms. Beeman

stated it would require paving, yes.

Commissioner Hafen

stated there is no reference to estimated water use, he assumes the applicant didn’t provide any, and he will ask the applicant if they are aware of the requirement for Commercial Water Rights and that the zone change requires them connect to a public water system, a waste water system or have an approved engineered system. Valerie Martel, applicant, stated she understands that this is just in case they want to build.

Commissioner Adams

asked how they will address the noise complaint.

Ms. Martel

stated she has been in the neighborhood, right next door for the last two years and have never had any complaints. It is the same business just expanding.

Commissioner Hafen

asked the applicant if they have read and understood the conditions of approval.

Commissioner Hafen

asked the applicant if she understands the comment he made regarding the need to have commercial water rights, and connecting into a public water and waste water system or having an engineered system.

Ms. Martell

asked if that is a condition.

Commissioner Hafen

stated that is NCC and for this change in the zoning category it is required.

Ms. Martell

stated okay. Page 15 of 18 13.

Commissioner Blundo

asked the applicant what methods they have in place to reduce dust pollution.

Ms. Martell

stated they have a fleet of semi-trucks, they are known to be professional. Dust is not something they like, if they are concerned about the dust they have been using equipment to grade the ground and is graveled. There is no dirt, all gravel. They can also water the ground, if they need to.

Commissioner Hafen

asked Ms. Beeman if the applicant is going to have to go through site development review.

Ms. Beeman

stated if they redevelopment or new construction, yes.

Commissioner Hafen

stated so if they leave the property as is.

Ms. Beeman

stated they will have to pave and that will require some grading, there may also be some traffic and they’ll see what traffic triggers are hit.

Commissioner Hafen

asked if paving is a requirement.

Commissioner Hafen

stated he just wanted the applicant to be aware. Public comment opened and closed at 8:40 pm with no comments.

Commissioner Blundo

motioned to approve ZC-2017-000019 adding it reverts back to Neighborhood Commercial if the current business were to go away. Seconded by Commissioner Fowler.

Commissioner Hafen

stated the start of construction doesn’t include the earth work. He agrees with the rest of the language showing that they are moving forward, but would like to see the individual homeowner be allowed to live on their property if they are doing their own construction. Page 16 of 18 14.

Commissioner Blundo

stated he would like to see this come back next month. Public comment opened at 8:46 pm. Dwight Lilly stated he noticed the word morals put in. He doesn’t believe there should be the word morals in this. Be believes the changes here are intended to go after Dennis Hoff and his brothels.

Mr. Waggoner

stated for clarification the word morals is direct language out of the NRS.

Commissioner Blundo

motioned to continue to the next meeting including the definition of start of construction. Seconded by Commissioner Bennett.

Mr. Lacy

stated staff’s recommendation is to remove any discussion of the requirement for hemp cultivation to have a temporary use permit. We received a letter from Nevada Department of Agriculture stating Federal and State law regulate the cultivation of hemp and they think regulation by Nye County would be in conflict with that statute. Staff will address that at a later time.

Mr. Osborne

reviewed staff's recommendation. They added temporary signage for special events, outdoor sales events, and sales of products.

Commissioner Hafen

stated on page 3 under E. under a recreational vehicle in a residential district, states it shall be a temporary use not to exceed 60 days, with a TUP. 60 days wouldn’t be enough for individuals to complete the construction of their house. Previous code was 6 months, maybe we could compromise to 120 days, which could be renewed. Also must comply with all property line setbacks, some properties will have a difficult time adhering to that. He agrees to remove #2 the Industrial Hemp section. Moving to page 4, under #4 and the outdoor sales. Would this be required only one asphalt parking lots or would they be allowed to use dirt parking lots.

Mr. Osborne

stated the dust control ordinance allows for short duration events on gravel.

Commissioner Hafen

stated under item A - it moves boats, RVs and autos. Those shouldn’t be allowed on dirt, it will cause a dust issue. He would like asphalt to be added to A. In regards to C, is there a reason for 40 days.

Mr. Osborne

stated that is an arbitrary number.

Commissioner Hafen

stated he would like the board’s feedback and possibly expand that to 45 or 60.

Commissioner Blundo

stated for #4 — outdoor sales events. It is more restrictive than current NRS. The auto dealers have sent him letters, the DMV allows them to have 6 sales off premise. He would like this to mimic the NRS or remove entirely. Section F — states 30 days for the sale of produce in a year. Farmers market currently sell at Draft Picks — there are 52 Saturdays in a year.

Commissioner Koenig

stated under alleviate hardship it mentions recreational vehicle. Under that for alleviate hardship it talks about annual permits, and then on the next page it talks about the Page 17 of 18 15. same thing. Under E — its states RVs for 60 days. Somewhere between the hardship and E we talk about RV within all residential lots, he sees a conflict and this needs to be reviewed.

Commissioner Hafen

would like the letters given to Commissioner Blundo to be sent to staff and included in the back up.

Commissioner Blundo

stated he will send those to staff to be included. Public comment opened and closed at 8:58 pm with no comments.

Commissioner Blundo

motioned to continue to the January 2018 meeting. Seconded by