July 30, 2018

Commissioner Koenig

Assessor Parcel Number Board of County Commissioners Capital Improvement Plan Conditional Use Permit Dust Control Plan/Dust Control Permit Nevada Administrative Code Nye County Code Nevada Revised Statues Pahrump Regional Planning District Public Works Right of Way Regional Planning Commission Single-Family Residential Village Residential Pledge of Allegiance/Call to Order Meeting was called to order at 2:00 pm.

Commissioner Hafen

asked for clarification that the conditions of approval if the board were to make a determination to find findings for the CUP. These are not conditions of the ZC. And staff’s recommendations are to approve the ZC but deny the CUP.

Commissioner Curtis

asked why no site plan been presented showing anticipated vendor spaces and parking. She is concerned about off street parking and parking on other properties.

Ms. Beeman

stated a conceptual site plan was not provided but there is a statement within the code that approval is subject to the next level review which is an engineered site plan. With site development she will have to address onsite parking, vendor storage spaces etcetera. This is a swap meet that just may end up being an undeveloped parcel.

Commissioner Curtis

asked what would prevent off street parking.

Ms. Beeman

stated the CUP would, in the conditions of approval. Page 2 of 7 Bertha Kern, applicant, stated she is willing to do whatever the Planning Committee suggests to her. She will do some improvement and water and sewer, but will do it slowly. She can do some paving for parking.

Commissioner Hafen

asked if she understands staff is recommending denial.

Ms. Kern

asked what her next step is.

Commissioner Hafen

stated the board hasn’t made a determination but wants to help her understand the process.

Ms. Kern

asked if she has to apply again and pay the fees.

Commissioner Hafen

stated if she is denied she would have to wait a year to apply again or appeal the decision, depending on the boards decision. There is a recommendation to deny the CUP and approve the ZC. He asked the applicant if the CUP is denied would she still want the ZC.

Commissioner Lee

asked if she has read the conditions of approval and understands all that is being asked of her if she is approved.

Ms. Kern

stated yes, she said she will do it but slowly not at once.

Commissioner Lee

stated staff’s report says you want to drill a well.

Ms. Kern

stated she talked to them and she can’t do it.

Commissioner Lee

asked if she talked with the utility company and asked what it will cost.

Ms. Kern

stated she will wait and let someone else. It is too much for her. They said the contract from Maverick expires in 8 years. She is going to pay the regular connection fee.

Commissioner Lee

asked what she envisions what her swap meet will be like hours of operation.

Ms. Kerns

stated she will only be open Fridays and Saturdays from 8:30 to 3:30. It is really seasonal and if its hot she won’t open it.

Commissioner Lee

asked staff what the time limit is for the CUP if it is approved.

Commissioner Hafen

stated 12 months.

Commissioner Lee

stated if this is approved you will have to have things done within the 12-month time frame. You have to correct your code violations within 30 days, apply for business license, submit a site development plan. Is this something that can get done in 12 months.

Commissioner Lee

stated she will have to pave where she has parking and asked the applicant if she has gotten with a contractor for costs. Page 3 of 7

Ms. Kern

stated she will accept minimal rentals and only good ones that don’t cause trouble.

Commissioner Lee

asked if she has talked with anyone for parking costs and if it can be done within the 12 months.

Commissioner Fowler

stated the paving and water and sewer are all concerns if he owned an adjacent property. He foresees some clientele using the Maverick restrooms.

Ms. Kern

stated no, she is renting since April portable toilets. She can provide a male and female bathroom.

Commissioner Fowler

stated that can be addressed if there is a complaint by the Maverick and staff’s conditions.

Commissioner Bennett

asked if the water hook up is required or not.

Ms. Beeman

stated she has sheds on the property that are not connected and not required to be and there are no building codes with a requirement for a flea meet for a potable water source. Port-a-potties under the NAC they are temporary for special events. For a long-term solution port-a-potties haven’t been approved by staff for use in the community.

Commissioner Bennett

stated the applicant stated she didn’t plan on connecting for 8 years or so.

Ms. Kern

stated they told her to keep on checking, it is too much for her to just connect water and sewer. She told them she would wait.

Commissioner Hafen

stated for disclosure he is the GM for Pahrump Utility and is a different utility that Ms. Kerns has been talking to about water and sewer.

Commissioner Curtis

asked for clarification that if a flea market would be allowed in the NC zone and not require a zone change.

Commissioner Hafen

stated flea markets are only allowed in GC with a CUP. Public comment opened and closed at 2:26 pm with no comments.

Commissioner Koenig

asked why they are recommending denial of the CUP and approval of the ZC. All this does is inflate the resale cost of the property and allow many other things to happen on the property other than the swap meet.

Ms. Beeman

stated the Master Plan has dictated that this is a Community Development Area and GC zoning is an appropriate use for the property, it is located in an area that is accessible by major streets and highways and accessible by utilities. If GC enhances its value, then Ms. Kerns is within her rights to make that application. The CUP for a swap meet she has a hard time finding appropriate findings that would support that type of development at that location.

Commissioner Koenig

stated the ZC is being asked for with the CUP, that is why they want the ZC. Approving the ZC allows for things on the property that aren’t allowed now, Page 4 of 7 a)

Mr. Waggoner

stated he agrees with staff’s recommendations based on the fact the ZC is within the property owner’s rights.

Commissioner Fowler

asked for clarification that any other major swap meets in town have port-a-potties.

Ms. Kern

stated at the VFW has a port-a-pottie.

Ms. Beeman

stated she went to the town office to see how many business licenses are being held for swap meets or flea markets and they have none. We do know there is one at the VFW and she is sure they can walk into the VFW and use their facilities. The RPC has heard another one this year and there is an existing building on the property with facilities.

Commissioner Hafen

stated the farmers market at the former Wulfy’s is paved and has restrooms.

Commissioner Hafen

stated under finding #2, the surrounding properties are residential with a Business Overlay and asked if there are any businesses in operation or strictly residential uses at this time.

Ms. Beeman

stated they are strictly residential and she is unaware of any businesses taking place.

Commissioner Hafen

asked if the BO compares more with NC or GC.

Ms. Beeman

stated the BO overlay allows for a business to be located on the property.

Commissioner Fowler

stated he isn’t sure the ZC makes sense to him either.

Commissioner Lee

motioned to deny CU-2018-000050 based on staff's finding. Seconded by Commissioner DeAnda.

Commissioner Fowler

motioned to recommend denial of ZC-2018-000023 based on discussion and the surrounding properties being residential with the BO Overlay. Seconded by Commissioner Bennett.

Ms. Beeman

stated to Ms. Kern that the zone change will be recommended to the BOCC for final action.

Commissioner Hafen

stated to the applicant she can get with staff to file her appeal if she chooses. For Possible Action — CU-2018-000051 (Continued from the July 11, 2018 RPC Meeting): 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 Page 5 of 7 b) 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) For Possible Action — WV-2018-000070: Public hearing, discussion, deliberation and possible action on an application for a Waiver from NCC 17.04.700 (Conditions and Safeguards for Issuance of Conditional Use Permits), to allow a Fireworks Sales Establishment less than 1,500 feet from residential properties, 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) Steve Osborne stated Red Apple Fire Works was approved in 2011 for a CUP and Waiver from the 1500-foot residential separation. They are asking to move to the adjacent lot. Staff recommends approval of the applications.

Commissioner Hafen

asked if they are abandoning the old building or utilizing both buildings.

Mr. Osborne

stated he believes they are using both, but the old building is for storage.

Commissioner Fowler

stated his business had done work on this building and it will not alter is judgement. Dan Simmons agent for the applicant.

Commissioner Hafen

asked for clarification on the TUP for the containers next door that is due to expire. Would he be amendable to have an additional condition of approval # 15 to have the storage containers removed within 30 days?

Mr. Simmons

stated 30 days is fair and they do have plans to remove those and doing construction.

Commissioner Curtis

asked if they own the property.

Mr. Simmons

stated it is in escrow and they plan on building a warehouse.

Commissioner Curtis

asked if they will abandon the location they are in presently since they are building a warehouse.

Mr. Simmons

stated they will continue to use that as a store but use the warehouse for warehousing. All the firework stores are in discussions with the County to do something with their containers. They will keep the store where it is now and the property with the containers will be a warehouse with possible parking.

Commissioner Curtis

asked if they are planning on occupying all the offices on the back of the building.

Mr. Simmons

stated yes, it is possible there could be some expansion. They are occupying the building and open for business for the past year.

Commissioner Hafen

stated a TUP was issued to the property allowing the containers. They have moved into the new building, the TUP is expiring next month and that is why Page 6 of 7 they are here to apply for the CUP today before the TUP expires. They aren’t moving into another building.

Commissioner Curtis

stated to be specific the front two buildings have offices at the back of those buildings. Will they be occupying the entire building or are there additional offices?

Mr. Simmons

stated the offices in the back they don’t plan on using.

Mr. Osborne

stated the applicant has already agreed to move those cargo containers by the 17" of next month.

Commissioner Hafen

stated he would like it on the record that they have 30 days even if they file for an extension it is subject to the CUP.

Mr. Simmons

asked if it could be 30-day extension from the date it expires. Ronni Boskovich stated she spoke with Brett and he is under the impression it is August 34,

Mr. Osborne

stated it expires August 3".

Commissioner Hafen

stated for the CUP it needs to be 30 days.

Commissioner Lee

motioned to approve CU-2018-000051 and WV-218-000070 both based on staff findings as outlined in the staff report. Seconded by Commissioner De Anda.