June 13, 2018

Commissioner Koenig

Assessor Parcel Number Board of County Commissioners Capital Improvement Plan Conditional Use Permit Development Agreement Manufactured Home Nye County Code Nevada Revised Statues Public Works Rural Estates Residential Rural Homestead Residential Right of Way Regional Planning Commission Single-Family Residential Village Residential Pledge of Allegiance/Call to Order Meeting was called to order at 6:00 pm.

Commissioner Lee

stated she provided staff with some minor typographical corrections.

Commissioner Adams

stated on page 7 he meant phrased with a P. Page 1 of 8 Dust Control Plan/Dust Control Permit Pahrump Regional Planning District

Commissioner Lee

motioned to approve with corrections submitted to staff. Seconded by

Commissioner Hafen

stated for the record that Commissioner Fowler is not in attendance. For possible action - Approval of / Modifications to the Agenda: Approval of the Agenda after Considering Requests to Rearrange, Hold or Remove Items. None. Correspondence and Announcements

Commissioner Hafen

presented two plaques to Leo Blundo and Robert Adams for their service on the RPC.

Commissioner Adams

stated he received a lot of positive comments on Pahrump at the Outdoor Nevada kickoff, it is a PBS show and they are looking at filling the season with outdoor ideas. They can be contacted at KLVX TV. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig

Commissioner Koenig

stated he is going to the Central Nevada Regional Water Authority meeting on Friday. b. Director’s Report Brett Waggoner stated total applications across the counter last month was 151 new applications. Processed 138 applications, SFR 46 new permits pulled, and 22 Manufacture Home permits. Total permits issued through the Building Dept. was 149. Code compliance received 24 new complaints and total new complaints this year is 198. Previous items heard Bill 2018-08 proposing to remove the 40-acre minimum from SE was approved by the BOCC on May 15". Bill 2018-09 Building Separation failed due to no motion and is agendized for July 17". ZC and MP for the Spring Mountain Raceway received approval on May 15". Bill 2018-07 Manufactured Homes was denied at the June 5" BOCC meeting. At this point we will have to follow NRS standards for the time being and staff is working on a new draft and possibly get it on the agenda for next month for review. We are still mandated by NRS to adopt some language. Next month he hopes to have a 6-month numbers for everything. Building permit numbers right now are approaching the number of permits issued for all of last year. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Bennett

stated for item #10 Mr. Taney is an acquaintance of his, it will not affect his judgement and plans on participating in the item. For Possible Action - CU-2018-000050: Public hearing, discussion and deliberation on an application for a Conditional Use Permit for a swap meet/farmer’s market on a Neighborhood Commercial (NC) zoned parcel, on approximately 1.20 acres located at 2401 S. Homestead Road, Calvada Valley Unit 1, Block 1, Lot 3, Assessor Parcel Number 042-391-17. Bertha Galan Kern — Property Owner/Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (CB) Page 2 of 8 Steve Osborne stated staff recommends this item be continued to the next month. The applicant has applied for a ZC to go along with this item.

Commissioner Lee

motioned to continue to the July 11, 2018 meeting based on staff’s conclusion. Seconded by Commissioner Bennett.

Mr. Osborne

stated the official address for Front Sight Facility sis 7100 E. Front Sight Blvd. The applicant is requesting 1 Front Sight Road. The request is in accordance with the ordinance to change Blvd to Road. Changing the property number from 7100 to 1 and that is out of sequence of the numbering system, Front Sight is 7 miles east of Blagg and it would have a 7100 number. However, staff feels there are special circumstances because it is surrounded by BLM and there is no other development nearby, the third request to remove the E part of the address and it doesn’t appeal to be an issue because Front Sight is only on the E side of Blagg and doesn’t cross over Blagg. Staff recommends approval and one condition is if there is any development at any time on adjacent parcels then the address would go back to 7100 E. Front Sight Road.

Commissioner Hafen

asked how long they have been using | Front Sight Road.

Mr. Osborne

stated they stated they have been using the address since 1999. Mike Meacher - Agent stated they have used the address 18 or 19 years. The letter submitted supports the extenuating circumstances for the continued use of 1 Front Sight Road. They continue to have issues with deliveries from carriers and the USPS due to the address not coming up in the system. It is costing them time and money and it is an inconvenience and expense. They don’t see any value in attempting to create compliance with the addressing program because they are rural and don’t have neighbors and have no plans for neighbors.

Commissioner Hafen

asked for confirmation that the access to their parcel is from Clark County.

Mr. Meacher

stated that is correct. At the intersection of Tecopa Road and Front Sight that is in Clark County. If you travel 2 miles down Front Sight Road it is the County line.

Commissioner Adams

asked if they are amendable to condition number 1.

Mr. Meacher

stated no, the probability approaches zero. By nature of what they do they don’t want development next to them and they agree to that condition.

Mr. Meacher

asked staff to provide a letter as immediate a letter as possible addressing two issues. That they are agreeing to revert the address back to | Front Sight Road because the postal service won’t do anything until that is provided. He also requests an indication from Nye County that there is nothing currently scheduled or in the immediate future planned for development that would abut Front Sight Road.

Commissioner Adams

asked if staff has any issues with the additional requests from the applicant.

Commissioner Adams

motioned to approved based on findings from staff. Seconded by

Mr. Meacher

asked on the time limit for a response to provide the postal service.

Mr. Waggoner

stated a final action memorandum would address the request, probably mid-week. For Possible Action - AB-2018-000006: Public Hearing, discussion and deliberation on a request to Vacate and Abandon an approximate 6,687 square foot portion of Mountain Falls Parkway located in Section 4, Township 21 South, Range 54 East, located within the Town of Pahrump, Nye County, Nevada. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for July 17, 2018 at 11:00 a.m., or soon thereafter, unless otherwise announced.) (CB)

Mr. Osborne

stated it is a request to abandon a small portion of the Mt. Falls Parkway. It is a unbuilt portion of the parkway and is for the purpose of realignment. The ROW has already been dedicated and there will be a new map coming in to dedicate the new alignment. Staff is recommending approval.

Commissioner Bennett

asked if this is at the entrance to ovation.

Commissioner Hafen

asked for confirmation that they want to leave this as a public ROW.

Mr. Waggoner

stated yes, and it is to accommodate a drainage channel they need to do.

Commissioner Bennett

motioned to recommend approval based on findings and subject to conditions. Seconded by Commissioner DeAnda.

Commissioner Hafen

asked for clarification that the motion included the conditions.

Mr. Osborne

stated under NCC 16.20 Division of Land outside the PRPD under development standards shall have an adequate water supply and importation and storage is not considered an adequate water supply. Inside Pahrump it doesn’t state that, they are taking the language that applies outside the PRPD and applying it within the PRPD.

Commissioner Hafen

stated he did request this mainly to notify business owners when they are trying to develop their property that they need water rights. He appreciates it being brought over from Title 16 to encompass the entire county.

Commissioner Adams

stated he is concerned that it states potable, there are areas of town that people use bottled water. It specifically states potable; how will we define potable and will this affect the parcels that have private domestic wells.

Mr. Waggoner

stated not at all. For a C of O for a new building you have to have water source, running water. Storage of water is not an adequate water supply anywhere else in Nye County we are just adding the language in the PRPD.

Commissioner Hafen

stated NDEP is the one who makes the determination when you get on the commercial side.

Commissioner Adams

asked if there was a way to word that it wouldn’t apply to private domestic wells in regard to the potability.

Commissioner Hafen

stated the intent is there, we have the right idea and he would like to see on applications where it’s needed and that companies acknowledge that they need to bring water or prove they have water.

Commissioner Hafen

asked Ms. Boskovich to look into the language that talks about utilizing the water for the public. The words should be for the public and address Commissioner Adams concerns and comments made under public comment so that it is clear it is for commercial developments and/or subdivisions on utilities.

Ms. Boskovich

stated she will work with staff.

Mr. Waggoner

stated this is not to address issues with existing homes or wells. This is meant to address new construction only. You can still request under certain circumstances, if there is no way to get water any other way they can apply for a waiver for a special need. This also addresses Page 5 of 8 12. if you are in a utility service area we can’t give anyone the option to not connect into a utility. Even if it is an unbuildable lot it is still in a utility tariff area of the subdivision and might not be a parcel that is adequate for a well.

Commissioner Hafen

directed staff to bring this back after the DA has met with staff to review language discussed. For_possible_action: Discussion, deliberation and possible direction to staff and/or recommendation to the Board regarding a Draft Bill relating to the Posting of Informational Signs on Construction Sites relating to Dust Control. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners has not yet been scheduled.) (SO)

Mr. Osborne

stated the Dust Control regulations within the PRPD were adopted in 2006 and they want to clarify they already exist and this is a proposed amendment to what is already in effect. In 2003 EPA was going to set the dust control requirements for Pahrump but there was an agreement for Nye County to adopt their own regulations. This bill proposes to change the dust control sign to be required at a half acre parcel and not the current requirement of half acre of disturbance or more. Fees are $50 for a half acre and goes up $50 an acre.

Commissioner Hafen

asked for clarification that they aren’t changing fees, just notifying the board what it costs.

Mr. Osborne

stated correct this isn’t changing fees, those are the current fees for a DCP. One requirement of a DCP is that you are required to post a sign, with project name, site address, contractor contact information and information about the project. That is only required if you have a DCP currently. This bill is proposing the sign be posted for any construction project.

Mr. Waggoner

stated part of the intent to require a sign on all construction project is to provide an informational sign for the neighborhood and we receive several code complaints due to dust or trash blowing off the lot. This would help resolve any issues and be a way for them to contact the contractor prior to contacting our office for any additional action. If the project lasts less than 2 weeks they can request a waiver of the signage requirement. This is meant for projects that are 3 to 6 months, or longer. This isn’t for drilling a well or putting in a water service.

Commissioner Hafen

disclosed he has obtained a DCP in the past and has to do the signage and this will affect him as well as anyone else. He will have to modify his sign to meet these requirements it this moves forward. He will continue to participate in the item.

Commissioner Hafen

stated there are a number of parcels that have no addresses. What would the requirement be for those, do they list a road or APN?

Mr. Waggoner

stated any identifying information on the property will work.

Commissioner Hafen

stated he would like discussion on disturbing % acre or greater changing to 2 acre or greater.

Commissioner Lee

asked for clarification if changing the requirement from area of disturbance to size of parcel will the application fee be based on the parcel size or the area of disturbance.

Mr. Waggoner

stated it would typically be based on the parcel size. If it was a 40 acre parcel we would be more concerned with disturbed area. If they are building a home you will clear the whole lot, the whole lot is disturbed, not just the footprint of the building. We can add language to clear that up.

Commissioner Lee

stated if they own 40 acres and are only disturbing 1 or 2 acres they shouldn’t have to pay for all 40 acres. Page 6 of 8

Commissioner Hafen

stated if someone is only building a shop on a property that has an established home he is hesitant to change it to just parcel size. He asked if there is a requirement for contractors to provide their information on a sign at a project.

Mr. Waggoner

stated currently there isn’t a requirement. For example, if you are in Mtn. Falls they will have a permit and sign for the entire development with contact information. Individual lot homes don’t have those. That is what they are trying to address.

Commissioner Hafen

stated if they are small home builders and are building on spec, have a sign up for sale with contact information. There should be an acreage threshold they could set.

Commissioner Koenig

stated there are some projects that aren’t disturbing a /% acre, but still create dust and something can be done.

Mr. Waggoner

stated there is an acknowledgement form that they sign stating they are to follow best practices, they have to by code control the dust.

Commissioner Hafen

is concerned that if they go away from the disturbed area that they will be charged for a full 40 acres and not the 5 acres they will be working. He would like that brought back for a future meeting.

Mr. Waggoner

stated he believes it could be sufficient to add language of a threshold of up to an acre of land this is the fee and anything over that they could go off a calculated disturbed area.

Commissioner Adams

asked for clarification on signage. Is a 8 x 10 weather proof sign on the front corner of the property, sufficient.

Commissioner Hafen

stated that is on page 3. Those standards other than laminate plywood aren’t changing.

Commissioner Koenig

asked for clarification on fees, there isn’t anything provided.

Commissioner Hafen

stated staff discussed fees. We are talking about changing from disturbed area to overall acreage and it could make a difference for large parcels.

Commissioner Hafen

stated direction to staff that the fees be structured of the disturbed portion and the rest is the parcel.

Commissioner Lee

stated on paragraph C, page 2. All projects require the posting of an informational sign. If they have developers doing contiguous properties that could be 4 acre each can they do one sign for all lots or do they need one for each lot.

Mr. Waggoner

stated they could come up with language to address the situation.

Commissioner Lee

asked if this bill does get adopted will there be a DCP update following that? There is a lot referenced here that is pulled out of the DCP.

Mr. Waggoner

stated yes. They are just adding the requirements into the DCP it is still the same code but adding language to require signs on all projects.

Commissioner Hafen

stated if adopted the DCP will need to be adopted with new language.

Commissioner Hafen

asked if there is a MOU with the EPA. Current code is to address the MOU on dust. Future Meetings/Workshops: Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time. Next meeting is July 11, 2018 at 6 PM.