October 22, 2018

Commissioner Koenig

= Assessor Parcel Number = Building and Safety = Board of County Commissioners = Conditional Use Permit = Manufactured Home 7 Nye County Code = Nevada Revised Statues = Pahrump Regional Planning District = Public Works Right of Way Regional Planning Commission Single-Family Residential = Temporary Use Permit ll Pledge of Allegiance/Call to Order Meeting called to order at 10:30 AM.

Commissioner Fowler

disclosed that his insulation business has done and is in contract for future work at the race track and are not in contract for the item on the agenda today and have not received any bid requests on the item. a. For Possible Action — CU-2018-000054: Public hearing, discussion and deliberation on a Conditional Use Permit (CUP) application for Page 1 of 5 a Gaming Establishment and a Hotel/Motel/Resort located within the General Commercial (GC) zoning district on property located at 3651 S. Nevada Highway 160, Assessor Parcel Number 27-741-20. Spring Mountain Commercial — Property Owner. Majestic Pahrump Holdings, LLC — Applicant. Rick Lane - Agent. For Possible Action — WV-2018-00076: Public hearing, discussion and deliberation on an application for a Waiver from the General Commercial (GC) Zoning District building height of 48 feet, to allow a 71 foot tall (5 story) building on property located at 3651 S. Nevada Highway 160, Assessor Parcel Number 27-741-20. Spring Mountain Commercial — Property Owner. Majestic Pahrump Holdings, LLC —Applicant. Rick Lane - Agent. (These items are Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (CB) Cheryl Beeman reviewed her staff report stating this is for a gaming establishment, hotel/motel resort and a waiver for a 71-foot-tall building. Staff has found sufficient justification to recommend approval of both applications. This parcel was recently created through a Commercial Subdivision and they have done a Record of Survey to create this parcel. There is a matter that requires a re-recording with the perfected legal description that is attached and needs to be added as a condition of approval. There was an off-premise sign on the property and it has already been removed.

Commissioner Hafen

asked if the exhibit A she referred to is in the supplement back up that was supplied along with the revised justification letter.

Ms. Beeman

stated yes. Commissioner asked for clarification that a record of survey was done but not done properly therefore the legal description will need to be revised.

Ms. Beeman

stated this is the corrected legal description that they will file for a corrected record of survey.

Commissioner Koenig

asked is that is additional back up. He would feel more comfortable if it was accepted under a motion.

Commissioner Hafen

stated the record of survey doesn’t concern us regarding a waiver or are we trying to limit the waiver to just the portion that is listed in the revised legal description.

Ms. Beeman

stated both applications will be tied to this legal description.

Commissioner Hafen

asked if they are to limit the applications to exhibit A which is the revised legal description.

Ms. Beeman

stated that is correct.

Commissioner Lee

motioned to accept additional back up provided on the item.

Commissioner Hafen

asked the applicants if they have read, understood and agree to all the conditions of approval.

Mr. Cavaliers

stated they do.

Commissioner Hafen

stated he is happy to see more rooms to come into the valley, it means more room tax the community gets. Some of his concerns are the comment by staff that the legal description needs updated, and that the CUP will only be for the legal description only in Exhibit A and not the rest of the property. One condition he would like added is that they work the building design with the fire chief to make sure all fire, life safety, economic welfare of the community is satisfied so there are no fire issues, and that there be no additional cost burden on the community. The final condition would be work with PW for NDOT access, whether it be a round a bout or a light. The last concern is removal of all three billboard not just the one.

Commissioner Lee

asked if they have an average of how many students come through the driving school monthly.

Mr. Morris

stated they are doing 6000 schools a year it is a two-day school and quite often the student bring a wife or friend, they expect that to increase over the next year to year and a half to 10,000.

Commissioner Fowler

asked if there are any specific fire safety issues that Commissioner Hafen would want included in the motion. Page 3 of 5

Commissioner Hafen

stated he has spoken to Chief Lewis and in the design of the building the current equipment can be addressed and probably adequate, so new equipment won’t be needed. Just a general blanket statement that the Fire Chief is included in the site development process would work.

Commissioner Curtis

would like a clarification on the proposed completion date.

Mr. Cavalier

stated approximately 8 months of design and approximately 15 months of construction.

Commissioner Lee

motioned to approve CU-2018-000054 and WV-2018-000076 based on staff's findings as stated in the staff report and subject to the special conditions of approval adding special condition #14 that the CUP and WV approval are limited to the Exhibit A legal description included as special material, Special Condition of Approval #15 that the applicant work with the Fire Chief to ensure all life safety, economic welfare of the Community regarding fire safety is satisfied and to ensure the fire safety and it will not add any additional cost burden on the Community and #16 that the applicant work with Public Works regarding the NDOT access and allow them to participate in those discussions for intersection improvements and #17 to remove the additional 2 billboards. Seconded by Commissioner Duryea.

Commissioner Fowler

stated there was an agreement that the other two billboards would be removed upon sales of the second parcel. He would like to ask the applicant what the cost burden would be and if they are amendable to it.

Commissioner Hafen

asked Ms. Boskovich if they could address the applicant with a motion and a second on the floor.

Mr. Meads

stated the property they are addressing has had the bill board removed. The adjacent property that isn’t owned by Majestic Properties has two billboards on it. When they did the map for the 29.6 acres they agreed to have the billboards removed before development and the agreement is already in place. The cost burden would be about $7500.00 per billboard to remove them. They still stand to that, they will be removed before the development of the second phase.

Commissioner Fowler

asked if they could ask this of the applicant, since they don’t own the property.

Commissioner Hafen

asked Commissioner Koenig if that was a condition of the Commercial Subdivision map or was it a verbal from Mr. Meads.

Commissioner Koenig

stated the agreement was a verbal with Mr. Meads to him and now formally to the board. It can be removed as a condition. It is on record that they will remove the billboard when the parcel is sold.

Commissioner Lee

amended her motion to remove the added special condition to remove the additional bill boards on the adjacent property. Seconded by Commissioner Duryea.

Mr. Waggoner

asked for clarification on the added special condition of approval #14.

Commissioner Koenig

stated the original request from Planning was that they re-record the record of survey and they should also remove the billboards. Page 4 of §

Commissioner Hafen

stated that is a procedural matter and is concerned that doesn’t meet their purview. If they want the legal description corrected they will have to do the record of survey.

Ms. Boskovich

stated she doesn’t see an issue as having it as a condition of approval. Staff has addressed it with the applicants and they have agreed to it.