April 25, 2018

Commissioner Koenig

Assessor Parcel Number Amargosa Town Board ~ Board of County Commissioners = Capital Improvement Plan = Conditional Use Permit Development Agreement Deputy District Attorney = Manufactured Home = Manufactured Home Park Nye County Code 7 Nevada Revised Statues = Pahrump Regional Planning District = Public Utilities Commission = Rural Estates Residential = Rural Homestead Residential = Right of Way = Regional Planning Commission = Single-Family Residential = Village Residential Pledge of Allegiance/Call to Order Meeting called to order at 6:00 pm.

Commissioner Lee

stated she turned in some minor typos to Celeste.

Commissioner Lee

motioned to approve including the corrections submitted to staff. Seconded by

Commissioner Hafen

stated there are some items that need withdrawn and asked staff if those will be done at the time of the item. Brett Waggoner stated yes, those will have to be opened and withdrawn. Correspondence and Announcements None. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report

Mr. Waggoner

stated the total applications received and processed at the counter for the Month of March was 145. Building Permits were lower than last month. 24 SFR and 26 MH permits were pulled. There is no report for Code Enforcement this month because we have been doing some purging. Previous items are Bill drafts and three were presented to the BOCC at the April 17" meeting that received approval and will be going into effect May 7". One was the Bill 2018-02 Temporary Use Permits.

Commissioner Hafen

asked for clarification that there was a minor deletion by the BOCC to make things a little more flexible.

Mr. Waggoner

stated there was and that has been made. The other Bills were 2018-05 Accessory Structures and 2018-06 Start of Construction definition. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Adams

stated he has no financial stake but uses the Spring Mountain Recreation area regularly, by OHV. This plan could impact his access to be able to ride from his garage to the public land.

Commissioner Hafen

stated when they get to the item he will address the issue and make sure it is still accessible by OHV. For Possible Action — WV-2018-000066 (continued from the March 14, 2018 Meeting): Public hearing, discussion and deliberation on a Waiver Application to allow a ten foot (10’) front setback for a detached accessory structure (carport) where a twenty foot (20’) front setback is required, and to allow a five foot (5’) building separation between the proposed carport and the existing single-family residence where a ten foot (10’) separation is required, for property located at 5971 E. Grain Mill Road, further known as Cottonwoods at Hafen Page 2 of 9 Ranch Subdivision Phase 2, Block 4, Lot 9, zoned Village Residential (VR-20). Assessor Parcel Number 043-122-09. Joseph W. Lakoskey Revocable Trust Property Owner/Applicant. Cunningham Construction / Allen Cunningham — Agent. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO) Steve Osborne stated this item has been resolved administratively and the applicant has requested it to be withdrawn and staff is recommending the item be withdrawn.

Commissioner Hafen

asked if this needs to be withdrawn without prejudice.

Mr. Osborne

stated it can be but they have no intentions of reapplying for this waiver.

Commissioner Lee

motioned to withdraw WV-2018-000066 without prejudice based on the request of the applicant and staff's recommendation. Seconded by Commissioner DeAnda.

Commissioner Hafen

asked Mr. Fowler if he would like it withdrawn without prejudice.

Mr. Fowler

stated he doesn’t know what that means.

Commissioner Hafen

stated it means he can come back within a year if he so chooses.

Mr. Fowler

stated that is fine.

Commissioner Adams

motioned to accept the withdrawal of ZC-2018-000021 without prejudice. Seconded by Commissioner Lee. Page 3 of 9 10.

Ms. Beeman

stated in the application to the BLM they were concerned with water use related to land use. They have added 5 special conditions of approval with the help of Spring Mountain Raceway to help assure the BLM that they too are committed to low water type of development.

Commissioner Hafen

stated he does see the 5 special conditions and would like those read into the record.

Ms. Beeman

stated #1 there shall be no additional single-family residential development on the subject land. #2 Development must be compatible with a motorsports racetrack, adjacent single family residential development and potential development of the community college. #3 To assure compatibility of development of the racetrack, the Developer shall be required to provide buffers between adjacent disparate uses. #4 Maximum allowed water use on the entire 604 acres shall be restricted to 50 acre-feet annual. Compliance with the Groundwater Management Plan dedication of water rights or mitigation of all water use shall be required at the Site Development Plan Review stage. #5 Development shall require a Development Agreement, Amending the existing Development Agreement or a Conditional Use Permit, (no permissive uses). Page 4 of 9 They are going on record with the BLM to say even though it is HI with the SO there are no permissive uses.

Commissioner Hafen

stated if he understands the staff report correctly the land that is being changed and MP being proposed is 13,000 acres.

Ms. Beeman

stated the entire BLM parcel, yes.

Commissioner Hafen

stated though the portion that Spring Mountain has a BLM application is only 600 acres not the 13,000 acres.

Ms. Beeman

stated that is correct.

Commissioner Hafen

stated any new development would have to come to the RPC for a CUP or the BOCC for a Development agreement. There are no permissive uses.

Ms. Beeman

stated within the 604 acres, correct. The rest of the property remains under BLM ownership and it is in our Masterplan as disposal. She hasn’t looked at the BLM RMP to see what the status of this parcel is. Any transfer of the BLM land outside of the 604 acres would have to go through the ZC and MP process to transfer to private ownership.

Commissioner Hafen

stated including this land.

Ms. Beeman

stated yes this land is already in that process.

Commissioner Hafen

clarified that all 13,000 acres if any of it wants to be developed has to come back before the RPC or BOCC.

Ms. Beeman

stated yes, the community would be noticed.

Commissioner Hafen

stated he wanted to ensure that of the 13,000 acres that there still will be OHV access. He would like to see a condition that any development shall preserve the current OHV access points and/or move them so there still is access. He understands these 13,000 acres includes Wheeler Pass, South Wheeler Pass and Carpenter. He believes that isn’t included in what Spring Mountain wants to do.

Commissioner Adams

stated the best way to address this is designated OHV routes on Wheeler, South Wheeler and Carpenter that they would be losing that riding area that is going to be developed.

Mr. Waggoner

asked for clarification that Commissioner Hafen was asking staff if the proposed zone change was for the whole 13,000 acres. The ZC is specific to 604 acres in this 13,000-acre parcel.

Commissioner Hafen

stated the maps in the back up show the subject property which is 13,000 acres.

Mr. Waggoner

stated they are not changing the zone on the whole parcel.

Commissioner Hafen

asked if any of the roads will be affected. Joel Oscarson, representing Spring Mountain Raceway. They will not be infringing on any of the ROWs. Their property doesn’t encroach on any of the roads. Page 5 of 9

Commissioner Hafen

stated he understands and believes there is no need for a special condition.

Commissioner Koenig

stated on condition of approval #1 would it be any problem to change that to no additional residential development instead of Single Family Development.

Mr. Waggoner

stated staff has no problem with that.

Commissioner Hafen

stated if they do approve this they will strike single family.

Commissioner Adams

would like to add they are compliant with the federal dark skies legislation.

Commissioner Hafen

stated that is already in county code and they would be subject to it.

Commissioner Lee

asked for clarification that they will be connecting to water and sewer and not on well and septic.

Mr. Oscarson

stated this will not be on well and septic.

Commissioner Lee

asked if the 50-acre feet annually is sufficient for the proposed uses.

Mr. Oscarson

stated yes, they are amenable to those terms.

Commissioner Hafen

stated this is public comment they will address the comment later.

Mr. Cantino

stated he is against the 13,000 acres to be disposable. Bonnie Brown asked what is planned down the future and asked if they can show exactly where on the map shown where the property is. A university was mentioned and she wanted to know when that will happen. Ron Strand stated he recently acquired property on Zuni. He stated he is a mile and 2 away from the 600 acres. He purchased the property so he can enjoy the BLM land. Heavy Industrial can allow serious things that affect every resident in Pahrump. When you take 13,000 acres and put in HI and put it on the Masterplan it will affect people years from now. Vivian Wilkinson stated the map was erroneous and is concerned with the Heavy Industrial zoning. She would like the categorization by Nye County. BLM disposal on the 13,500 acres is not the place. It should never be on the disposal by the BLM. The rezoning to Reserve to HI might set a precedence for all types of noxious industries. Heather Gang stated she agrees with Richard and Vivian. We don’t need to dispose of more BLM land. More development leads to more water use. When private owners are being asked to buy water rights it is a slap in the face. There should be more desert landscaping and no more artificial lakes on that property.

Commissioner Hafen

stated he pulled up the masterplan and he doesn’t believe all 13,000 acres is for disposal nominations. Are we talking about changing the whole 13,000 designated for disposal or just the 605 acres for disposal?

Mr. Waggoner

stated at this point the 13,000 acres is not on a list for disposal by the BLM. All that is being asked right now is the 604 acres that is being asked for by Spring Mountain.

Commissioner Hafen

asked for clarification that BLM will not dispose of any of the 13,000 acres unless a ZC and MP amendment come back for the remaining acreage.

Mr. Waggoner

stated that is his understanding. Anything they dispose of they do want restrictions on especially when it comes to water usage. That’s where the 50-acre feet annually is being added as a condition.

Commissioner Hafen

stated one of the conditions, that has been adopted and not effective till May 7", the Groundwater Management Plan was adopted by the BOCC and this property will be subject to that. The concern for excessive water usage will be addressed by the NCWD and the BOCC. The RPC recommended the passage of very strict water conservation ordinance that has been approved and in effect. Great Basin College was mentioned and would abut this. This land was granted to the campus by the government.

Commissioner Koenig

stated this is costing us $16,000 and would like Russ Meads to address this issue. Russ Meads stated a typical cost of a zone change for this size parcel would cost around $17,000 and rather than making the county and citizens absorb that cost they want to make sure they take care of the cost.

Commissioner Hafen

stated hopefully that can be taken care of in the DA.

Mr. Meads

stated he thinks it has to actually become disposable to do that.

Commissioner Koenig

stated it will be brought up when it gets to the BOCC.

Commissioner Hafen

stated he doesn’t want this to be a condition and leave it to the DA to address it.

Mr. Oscarson

stated they are going through surveys from the US Fish and Wildlife Service and certified biologists to go through the land and identity burrows, endangered species and endangered plants or wildlife and archeological surveys and those will be mitigated and placed in areas that are approved by the US Fish and Wildlife Service. In addition to the desert landscape it will be continuous with what they are doing now, the Page 7 of 9 racetrack uses very low water usage. The lake is open to the general public as an amenity.

Commissioner Hafen

stated the map Mr. Oscarson displayed showed a tortoise fence.

Mr. Oscarson

stated the entire property will have to be tortoise fenced.

Commissioner Hafen

stated any tortoise found will be removed along with their burrows and placed in a safe location.

Mr. Oscarson

stated there will be additional retention basins that will replenish the water table.

Commissioner Hafen

asked for clarification that they are storm water retention basins and not lakes.

Mr. Oscarson

stated not lakes, they are retention basins for flood waters. Cody McKee stated PW would like to add some language so that ROW on the boundary of the 605 acres is given. It also has alignment with Gamebird, Chromium on the South side that they would like ROW from. Possible S. Nye Street which lies N & S. He isn’t sure where the layout of the track will conflict with the ROW but they would like some vague language assuring that they can get ROW where needed.

Commissioner Koenig

stated he was in a meeting where he thought Chromium was going away.

Mr. Oscarson

stated Chromium is halfway dedicated as is.

Mr. McKee

stated there is 30 feet on the Southside.

Commissioner Hafen

stated he would prefer this conversation happen in the DA process.

Commissioner Adams

stated PW concerns is vaguely addressed under finding #4, by the cost being incurred by the developer.

Commissioner Hafen

stated Commissioner Koenig recommended revised language to the special conditions to strike single family under #1 and making sure there shall be no additional residential development on the land.

Commissioner Adams

motioned to recommend approval to the BOCC MP-2018- 000008 and ZC-2018-00022 based on the findings shown below and the conditions in the report.

Commissioner Hafen

stated the motion was to recommend approval subject to the special conditions of approval as amended by Commissioner Koenig. Seconded by Commissioner Lee. Page 8 of 9 11.

Commissioner Koenig

would like something on a future agenda to address the Master Plan. It is getting close to the 5 years we need to have a discussion on how we can get a Masterplan to have a smaller population number so the MP and GWMP agree with population size.

Commissioner Hafen

stated they would like to include the Design Corridor as well.

Commissioner Hafen

asked Mr. Waggoner to look at a special racetrack zoning that is similar in language to HI that allows them to do the racetrack facilities but not the stigmatism of the HI use on the parcels.

Mr. Waggoner

stated for clarification that the special overlay was added to limit what they can put on the property. Vivian Wilkinson stated she would like to see the 13,000 acres off the disposal list. If we don’t get rid of Heavy Industrial be reworded to not be so negative.