July 11, 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 Pahrump Regional Planning District Public Works Rural Estates Residential Rural Homestead Residential Right of Way Regional Planning Commission Single-Family Residential Village Residential Zone Change Pledge of Allegiance/Call to Order Meeting called to order at 6:01 pm

Commissioner DeAnda

nominates Commissioner Hafen. Seconded by Commissioner Fowler.

Commissioner Fowler

nominates Commissioner Lee. Seconded by Commissioner DeAnda.

Commissioner Lee

nominates Commissioner DeAnda. Seconded by Commissioner Fowler. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain = 1). Yes: Beth Lee, Carol Curtis, Derek Fowler, Gregory T. Hafen II, Tom Duryea. Abstain: Leah-Ann DeAnda. For possible action - Approval of Minutes: a. PRPC Meeting — June 13, 2018

Commissioner Lee

stated she provided typographical corrections submitted to staff.

Commissioner Lee

motioned to approve the minutes including the typographical corrections submitted to staff. Seconded by Commissioner DeAnda.

Commissioner Hafen

stated there has been a request to move item 11 to the end of the agenda due to a possible presentation. Correspondence and Announcements

Commissioner Hafen

welcomed the two new Commissioners to the RPC.

Commissioner Lee

stated on August 4" from 9 am to | pm at Smiths, Albertsons and Walmart VEA will be holding their annual fill the bucket school supply drive and taking donations in the lobby through August 3rd. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report Brett Waggoner stated applications that have been received through the Planning Department was 166 last month. Building Permits went down to 39 for SFR and 14 for MH. He has no complete number on Code Enforcement at this time.

Commissioner Koenig

asked if they can also bring a dollar total back with the numbers. Page 2 of 9

Mr. Waggoner

stated yes. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Lee

stated she is employed by VEA and they have an operations and maintenance agreement with Gridliance that owns the 230 kilovolt transmission line that ARES will tie into if they proceed to fruition of the project. This has no impact or baring on her decision and will participate in the discussion tonight.

Commissioner Fowler

for Item #12 his insulation business has done work on the property and he has no pecuniary interest in the item and doesn’t stand to benefit from anything. a) For Possible Action — CU-2018-000050 (Continued from the June 13, 2018 RPC Meeting: Public hearing, discussion, deliberation and possible action 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 of property located at 2401 S. Homestead Road, Calvada Valley Unit 1, Block 1, Lot 3, APN 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 b) For Possible Action - ZC-2018-000050: Public hearing, discussion and deliberation on an application for a Conforming Zone Change from Neighborhood Commercial (NC) to General Commercial (GC), 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. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for August 21, 2018 at 11:00 a.m., or soon thereafter, unless otherwise announced.) CB Cheryl Beeman reviewed her staff report. Staff recommends approval of the application subject to the conditions of approval. Parking of the clients at the swap meet need to be on property and not in the ROW. The applicant has indicated they don’t plan on connecting into public water or sewer at this time, and the county has no requirement for a swap meet to provide such connection. Improved parking will be a requirement and requires an all-weather surface. The use will be subject to Site Development if approved. The property does have two code violations, there are two structures that have been added to the property with no permits. Staff requests a condition that they file for Site Development within 30 days to bring the property into conformance.

Commissioner Hafen

stated condition #2 and 16 are the same.

Ms. Beeman

stated they are duplicates.

Commissioner Hafen

asked for clarification that staff would like to modify condition #17, to say shall submit?

Ms. Beeman

stated to state within 30 days of final approval, applicant shall file a site development review.

Commissioner Hafen

asked for clarification that final approval would be of the zone change.

Commissioner Lee

asked if the applicant is clear on special condition #3 of the zone change that they can’t start operation until they’re through site development and have code compliance violations resolved.

Ms. Beeman

stated they have met with the applicant several times but can’t speak for the applicants. Page 3 of 9

Commissioner Hafen

stated condition #3 states operation shall begin within 3 years of the date.

Ms. Beeman

stated yes, because #1 has a three-year time frame they carried it over. Once a SD is approved there is a time line they have to get that done, there is also a timeline that they have to begin operating and implementing that as well.

Commissioner Hafen

stated for clarification that is a begin date, they have to file within 30 days and within 3 years start business or zone change reverts back.

Commissioner Lee

stated conditional use permit condition of approval #7 states all off street parking shall be paved. Condition of approval #14 states all unpaved parking areas meet dust control. Does 17.04 or 15.28 prevail.

Ms. Beeman

stated because we haven’t seen a SDP we don’t know how much parking will be needed, and they aren’t anticipating the entire lot to be paved so there may be portions unpaved but still have to comply with DC.

Commissioner Lee

asked for clarification that parking isn’t allowed on unpaved areas.

Ms. Beeman

stated they would have to put down an all-weather surface for parking.

Commissioner Curtis

asked if this is the only zone that the use is permitted in.

Ms. Beeman

stated it may be permitted in the CM zone, but not in the NC zone.

Commissioner Hafen

stated the least restrictive would be GC.

Commissioner Curtis

asked for clarification that is the ZC is granted and they do not do the flea market then any use in GC would be permitted in the future.

Ms. Beeman

stated yes. Bertha Kern, property owner.

Ms. Kern

stated she wanted to open a swap meet, and stated it is good for the community. She will do some improvements, the parking isn’t paved yet, she made some lines to designate parking. She will only be open every Friday and Saturday.

Commissioner Hafen

asked if she has seen the staff report and conditions that staff is recommending.

Ms. Kern

stated not yet.

Commissioner Hafen

stated to Ms. Kern that one of the requirements would be to pave the parking lot.

Ms. Kern

stated she’ll do that.

Commissioner Hafen

asked for a 5-minute break so the applicant can review the conditions. Meeting went into recess at 6:27 pm. Meeting reconvened at 6:30 pm.

Commissioner Hafen

stated there was an error on the agenda for the item and we will continue this item to the next meeting. Page 4 of 9 10.

Ms. Kern

asked if she can get a certificate for a deep well for water, since she has to pay $38,000 for water and sewer for the area. She wants to know if she can put in a deep well, the water company told her no.

Commissioner Hafen

stated that would be up to them not the RPC.

Ms. Kerns

stated whatever is required to start the business she will do it.

Commissioner Hafen

stated they will try and do a special meeting to correct the mistake. Public comment opened at 6:32 pm. Debra Stickland stated she is concerned with the 30-day requirement. She suggests extending the date to 60 days to allow the applicant to perform.

Commissioner Hafen

stated to Ms. Kerns that staff will be in touch with the special meeting date. For Possible Action - DA-2018-000006: Discussion and deliberation and recommendation to the BOCC on an application for a Development Agreement with ARES Nevada LLC as the developer of the Regulation Energy Management Project on approximately a six-acre portion of Bureau of Land Management (BLM) managed land located within the Carpenter Canyon area, east of Pahrump at the Nye and Clark County line, further described as; T21S, RS4E, S1. Assessor Parcel # 047-011-13. Bureau of Land Management — Owner, ARES Nevada, LLC — Lessee and Applicant/Agent. (The RPC will provide a recommendation regarding this matter to the BOCC for their action at the July 17", 2018 meeting.) (CB)

Ms. Beeman

stated the applicants are here and are willing to give a presentation to provide the public an opportunity and the RPC information on the project. This project occupies land in Nye County and Clark County. The operations control maintenance facility will be located in Nye County.

Commissioner Koenig

stated he asked for this to be put off to the end is because a DA isn’t in the purview of the RPC. Tom Ashton, works for Potelco Inc., Mark Soetenga, an Executive with the EPC contractor, and Howard Trott is the representative for ARES Nevada owners of the project.

Mr. Ashton

stated he is the project manager for the project. They will build 6 miles of rail road track that goes up Carpenter Canyon. On the track will be a series of locomotives with loaded cars to generate a lot of weigh. The connect to the power grid that passes by and this will absorb power and send it back to the grid. It will be at times of low demand then they take power and move the trains to the top and store potential energy in the trains. Where there is high demand, the grid calls for it they roll the trains back down and put power back into the gird.

Mr. Soetenga

stated this is a unique project and has never been built. This is a battery that is using gravity as a potential energy. When there is a peak in solar or wind energy and there is no demand the train will operate. The train is electric and low speed.

Mr. Trott

stated this has been aired on BBC World and they have gotten calls about it from around the world. Their total spend will be north of $55 million and a lot of it is local.

Mr. Waggoner

asked how many jobs it will create once done. Page 5 of 9 11.

Mr. Trott

stated this must be monitored 24 hours with people on site. They will have local employees.

Mr. Soetenga

stated they are anticipating 16 permanent jobs.

Mr. Ashton

stated approximately 100 construction jobs for the duration of the construction project which would be 1 year.

Commissioner Hafen

asked for clarification that there won’t be any interference with the ATV access routes up Carpenter Canyon.

Mr. Soentenga

stated trails and roads will all be maintained and there will be guarded grade crossings in the locations where the trails cross the future tracks.

Commissioner Fowler

asked how often they anticipate the trains going up and down.

Mr. Trott

stated they all work independently. Depending on the load they may go up or down a little and stop. There may be times they are all 6 run up at the same time.

Commissioner Koenig

stated it may never come all the way down.

Commissioner Fowler

asked it they foresee more renewable energy development in the area.

Commissioner Duryea

asked for clarification that this is located on lower Carpenter Canyon road and this won’t affect recreation in the Canyon. The concern is it intersects with Carpenter Canyon road and the train sitting on the road for 5 hours and blocking access to the canyon.

Mr. Soentenga

stated it is controlled with censors that the train won’t block the road. They are subject to the PUCN and can’t block a road for more than 30 minutes at a time. The censor will move the train away from the crossing. The trains are only about 500 feet long.

Commissioner Hafen

asked for clarification that they don’t intend to use any long-term water or plan to put any landscaping in.

Mr. Trott

stated correct. For Possible Action — CU-2018-000051: Public hearing, discussion, deliberation and possible action on an application for a Conditional Use Permit to allow a Fireworks Sales Establishment on a Mixed Use (MU) zoned parcel, located at 3640 S. Nevada Highway 160. Assessor Parcel Number 042-451-12. Interest Income Partners LP — Property Owner. Red Apple Fireworks Company, Ltd. /Applicant. Douglas Burda — Agent. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO)

Ms. Beeman

stated there has been a request to continue to the August 15, 2018 meeting. This application needs to be coupled with a waiver request.

Commissioner Hafen

asked what the waiver is for.

Ms. Beeman

stated the waiver is for the fireworks establishment within 1500 feet of a residence.

Commissioner Hafen

asked the applicant if he is okay with the waiver request. Page 6 of 9 12. Doug Burda stated yes. All back up for the waiver has been submitted for the waiver. The building that they are requesting the waiver for is farther away from the residence that was subject to the concern 8 years ago. They do already have their C of O and have been operating.

Commissioner Duryea

motioned to continue to the next RPC meeting. Seconded by

Mr. Waggoner

stated this is for clarification on what we have been requesting for many years. Everyone has the same information and requirements. There is information required to obtain permits for septic systems or a well and in order for Planning to do the proper review they need to know where existing stuff lies in relation to proposed locations are. That information is generally included for the septic permit and by having it all on one application now the Planning Department can make an informed decision and the applicant can take that same plot plan to the Building Department to pull permits. There are some suggestions he recommends, on page #2, item #14 it has three documents they will accept, he would like to change item #3 to read approval from DWR to drill a domestic well or proof of relinquishment of water rights for the domestic well. The second amendment would be strike item # 17. He is working on a bill draft in regard to Impact Fee’s.

Commissioner Hafen

asked for clarification that they are recommending striking #17 and modifying 14 Sub 3.

Commissioner Hafen

reached out to PW to talk about the encroachment process. If applicable, then the encroachment permit could be pulled prior to the zoning review. Cody McKee stated they would like it to state a final encroachment permit must be obtained before the C of O approval. They have a problem with encroachment permits not being finalized because they aren’t being checked.

Mr. Waggoner

agrees, but the zoning review isn’t the place for that. There should be an affidavit or verbiage on the encroachment permit to cover that and we need to address it in the building permit process. At zoning approval this will be received before pulling any building permits. It wouldn’t do any good to have it in this part.

Commissioner Hafen

stated if we have a portion that talks about C of O’s that is where it should go.

Commissioner Hafen

asked for clarification on inground pools.

Mr. Waggoner

stated yes, under item #15 spells out swimming pools.

Commissioner Hafen

asked if they wanted to build a lake would they need a ZR.

Commissioner Koenig

stated they would have to do more than a ZR.

Commissioner Hafen

asked for clarification on spas. Do above ground spas require a ZR.

Mr. Waggoner

stated the intent is inground. A ZR is for anything that generally requires a permit. He wanted clarification that one day shades require a ZR and building permits and inspections.

Commissioner Hafen

stated can we reference the section of code that explains that. Putting a shade up for a horse or animal shouldn’t require a ZR. If it is a one day shade it should require it.

Mr. Waggoner

stated yes, a shade cloth isn’t referenced as a structure.

Commissioner Koenig

asked if they can just reference if it requires a permit it requires a ZR.

Commissioner Hafen

stated under C-1 if it is something minor they can extend the deadline for an amendment. Under item #16, in regards to septic’s, would it suffice to submit the distance from the ISDS like is currently being submitted. Or is this in addition to.

Mr. Waggoner

stated the better way to say that is the setbacks. The way the NAC is written the requirements are to verify the setbacks of any existing well or septic on adjacent properties. It would have to be the best of their knowledge. There is one other clarification in regards to what has been required in the past and what has been required in the last 6 months. Staff did research back and pull several zoning applications all the way back to 2001. Setbacks for septic’s or wells on adjacent properties were included on many applications. Any zoning applications that involved a well or septic whether it be just a well or septic have been included on these applications. They have always been a requirement. Page 8 of 9 13.

Commissioner Hafen

stated he agrees that the recommendation to modify #14 and strike #17.

Commissioner Fowler

stated he agrees they are trying to strike a balance.

Commissioner Hafen

stated direction to staff is to bring changes back to the next RPC meeting. Future Meetings/Workshops: Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time. The next meeting will be August 15" at 6:00 pm.

Commissioner Hafen

stated for a future meeting the final encroachment permit being required for the C of O. If Public Works could work with Planning to figure out where it needs to be and bring that back. Bring back adequate water bill, Signage and exotic animals. He would also like to try and schedule a special meeting to hear the Swap Meet and Red Apple items.