October 10, 2018

Commissioner Lee

stated she provided staff with some minor corrections.

Commissioner Lee

motioned to approve with minor typographical changes. Seconded by

Commissioner Hafen

stated item # 10 is being pulled. The agenda reflected two #11’s with removing item 10 the first item #11 is now item #10 and the second #11 remains the same. Correspondence and Announcements None. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None b. Director’s Report Brett Waggoner stated for the month of September there were 112 applications and 106 were processed. Building Department: SRF 37, MH 20 and building permits 322. Code Enforcement 32 new complaints, of those 13 were closed and 21 are under monitoring. Previous items Bill 2018-07 MH within PRPD approved 9/18 BOCC meeting. Effective October 8", Bill 2018-16 Dust Control Regulations scheduled for the next BOCC for Public Hearing on the 16". Bill 2018-20 Zoning Review Required is also set for Public hearing on the 16", The Zone Change and CUP for the flea market the board upheld the denial and denied the appeal. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Lee

stated for the new item #10 does contract work for her employer, she will be participating in the item.

Commissioner DeAnda

stated for the new item #10 her son does work for them and she will be participating in the item.

Commissioner Fowler

stated he has done work in the past for the applicant for item #11 and will be participating in the item. He will be abstaining from item #9, he has done work in the past and will probably be bidding the work on the new storage facility. For Possible Action — WV-2018-000074: Public hearing, discussion, and deliberation on an application for a Waiver from NCC 17.04.200.A.17 (Accessory Buildings and Accessory Uses) to allow construction of an accessory building (aircraft hangar) without establishing a principal residential dwelling, located at 1281 E. Biplane Place, Assessor Parcel Number 033-421-29. Steven and Theresa Weiss — Property Owners. Full Throttle Excavating — Applicant. Dawn Murphy — 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 reviewed his staff report and stated staff recommends approval of the application subject to the conditions outlined in the staff report. Dawn Murphy, Agent. This is for an airplane hangar and the property owner owns the surrounding properties as well.

Commissioner Lee

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

Commissioner Lee

motioned to approve WV-2018-000074 based on staff's findings and subject to the special conditions of approval. Seconded by Commissioner Bennett.

Mr. Osborne

reviewed his staff report and stated staff recommends approval of the application subject to the conditions outlined in the staff report. The use wouldn’t change the essential character of the area, wouldn’t be disturbing to the area, and is only for storage of consumer fireworks. Douglas Burda, applicant.

Commissioner Lee

asked Mr. Burda how long they have been storing fireworks at this location.

Commissioner Lee

asked what has changed to make them now come apply for a CUP.

Mr. Burda

stated there is a common interest to bring everything into compliance in respect to safe storage of fireworks and the appearance

Commissioner Lee

stated in the justification letter it states Applicants proposed use will be served adequately by essential public facilities and services and that the applicant plans to maintain any responsibility necessary to provide adequately any such service.

Commissioner Lee

asked if they have spoken with the property owner on what that responsibility may entail? Page 3 of 8

Commissioner Lee

asked the applicant if they have read, understood and agree to the special conditions of approval?

Commissioner Curtis

asked how many containers would be allowed on the property.

Mr. Burda

stated as many as they can fit safely. Last season they had 70, this season it is fewer.

Commissioner Curtis

asked if they have thought about stacking them.

Mr. Burda

stated it may be within code but prefer as a company to not adopt that policy for safety reasons.

Commissioner Curtis

asked if there would be 70 maximum.

Commissioner Hafen

stated he noticed that the employees are using Alfalfa as an access point. He would like the access point to be from Highway 160. Less access in a residential area is better and if it is amenable he would like to add a condition of approval # 11 to limit access from Alfalfa Street.

Mr. Burda

stated if they limit traffic on a less busy thruway like Alfalfa it would reduce the risk of having the hazardous material on the Highway where there could be an incident. If there were to be an incident he would rather have it on a less busy road like Alfalfa than otherwise.

Commissioner Hafen

stated the property doesn’t enter onto 160, but a frontage road. Tim Dahl, Nye County Public Works stated it is a cross access easement.

Commissioner Hafen

stated the only difference is you would be entering and exiting on a cross access easement versus Rainbow.

Mr. Dahl

supports Commissioner Hafens view. Alfalfa is a chip sealed street and not designed for truck traffic. He would like to see traffic limited to Hwy 160 and the frontage road/cross access easement as well.

Mr. Burda

asked for clarification on the Cross-Access Easement and what it refers to.

Commissioner Hafen

stated it is the road in front of the property between Hwy 160 and where the property is. There is a road there.

Mr. Burda

stated there is a road and the purpose of having the product stored there is to not have them in close proximity to the retail store, but the product stored there feeds the retail store. The traffic there is only a van, there are no trucks.

Commissioner Hafen

stated they don’t want to prohibit you from doing it, but limit access, small vehicles. No semi-trucks driving on Alfalfa delivering large containers, they want that on the highway. Page 4 of 8

Mr. Burda

asked for clarification that delivery trucks access off Hwy 160.

Commissioner Hafen

stated yes, and employees who are doing daily stuff, the vans are acceptable.

Mr. Dahl

stated access on Alfalfa was never intended to be an access for the property but an access for the Fire Chief to access in the case of a fire and was supposed to have a crash gate and only accessible by the Fire Chief.

Mr. Burda

stated he understands.

Commissioner Hafen

asked the applicant if they will tend to the palm trees that are by the containers to prevent accidents.

Commissioner Curtis

asked the applicant if they have thought about storing the containers in an industrial area.

Mr. Burda

stated the close proximity to the retail store is ideal and it is considered hazardous material, so they like to limit the movement of the product on public roads as much as they can.

Commissioner Lee

asked if the application is approved will it replace the need to have storage containers next to your property?

Mr. Burda

stated yes, they have plans to build a warehouse to replace all container storage.

Commissioner Hafen

asked on a time frame.

Mr. Burda

stated in a perfect world 6 months, realistically 2 years.

Commissioner Hafen

asked if the building would be on this property because it is being granted a CUP.

Mr. Burda

stated it would be on a different piece of property.

Mr. Waggoner

stated he suggests putting a 2-year sunset provision on the CUP and the applicant can come back to renew.

Commissioner Hafen

stated historically they have placed 3 years and asked the applicant if he is amenable.

Commissioner Hafen

stated every property owner within 300 feet have been notified.

Mr. Osborne

stated that is correct.

Mr. Burda

stated he is a community member and always at the store and available to anyone that wants to address the concerns stated tonight and the gentleman who spoke first does have his phone number and doesn’t hesitate to reach out to him with issues that do come up.

Commissioner Lee

motioned to approve WV-2018-000075 and CU-218-000053 based on staff's recommendations and adding condition of approval #11 that there shall be no large trucks or delivery utilizing Alfalfa as access and condition of approval #12 adding a 3-year time limit to the applications. Seconded by Commissioner Bennett.

Ms. Boskovich

stated for the record that the MP needs a 2/3 majority vote.

Mr. Osborne

stated the MP amendment is consistent with other existing parcels in the area that are also RDA. It can be viewed that the amendment is correcting an oversight or inconsistency in the plan. The ZC to CM would be conforming if the MP is changed to RDA. There are also existing properties zoned CM in the vicinity as well. Staff is recommending approval of the applications.

Commissioner Lee

asked if this property was part of a code compliance case?

Mr. Osborne

stated it may at one time.

Commissioner Hafen

asked if there is an open code compliance on the property.

Commissioner Lee

asked if there are any similar uses on any of the adjacent properties in the area.

Mr. Osborne

stated he doesn’t believe so on any adjacent properties, but the subject property does have a metal building that has been used for manufacturing uses in the past. Steven Khoury stated there were code violations to the East and the West of the property and they have been cleaned up.

Commissioner Fowler

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

Mr. Khoury

stated yes. Public comment opened and closed with no comments.

Commissioner Lee

asked Mr. Khoury if he is prepared to adhere to the requirement of an approved engineered septic system and a commercial water system.

Mr. Khoury

stated they are already in place and completed.

Commissioner Fowler

motioned to recommend approval to the BOCC MP-2018-000010 and ZC- 2018-000025 based on staff findings and subject to the special conditions of approval. Seconded by Commissioner DeAnda.

Commissioner Hafen

would like a special meeting as soon as possible, the earliest for noticing the meeting could be held is the 23". The next regular meeting is November 14" at 6 PM.

Commissioner Lee

asked when they will sit as the CIP again.

Mr. Waggoner

stated not yet, Mr. Lacy is working on putting together a presentation. There is a scheduling conflict for November, but it will be held in December. Page 7 of 8

Commissioner Fowler

asked if there are plans to put in a four way stop and additional traffic control at Homestead and Manse and if it is in the scope of the CIP.

Commissioner Hafen

stated one thing they will be looking at in the CIP Plan is intersections, streets and designating a priority list. It is something they could look at to designate funds to place a four way stop at that intersection. Tim Dahl stated they have already initiated, at the request of the RTC and private individuals a study to see if that intersection warrants a four way stop.