November 14, 2018

Commissioner Hafen

asked Mr. Goldstein to provide the addresses to Mr. Waggoner for Code Compliance to look into.

Commissioner Hafen

stated they have a revised October 10".

Commissioner Duryea

stated the vote on Item 9, is incorrect. He voted no and

Commissioner Lee

motioned to approve including corrections by Commissioner Duryea. Seconded by Commissioner Duryea.

Commissioner Fowler

motioned to approve including minor typographical errors. Seconded by Commissioner DeAnda.

Commissioner Hafen

asked how someone would want to file a complaint.

Mr. Waggoner

stated there is a code complaint on our website and they could also send an email to our general email box. They will work on getting something specifically to dust control. On issues previously heard before RPC — Bill 2018-16 Dust Control and Bill 2018-20 Zoning Review Required, were heard and approved on 10/16. MP-2018-00009 and ZC- Page 2 of 6 2018-000024, MP-2018-000010 and ZC-2018-000025 were all heard and approved by the BOCC. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Hafen

will be not be participating and abstaining from item #9 the owner R Land Company is developing within the Pahrump Utility Co. service area at this time and he has an employment relationship that will require him to abstain from the item. For Possible Action — ZC-2018-000026: Public Hearing, discussion and deliberation on a Zone Change application to change approximately 1.57 acres from the Neighborhood Commercial (NC) zone to the Commercial Manufacturing (CM) zone, located at 1620 W. Charleston Park Drive, Parcel lof File Number 431153. Assessor Parcel Number 036-601-57. Jonman, LLC — Property Owner. John Johannes — Agent/Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for December 18, 2018, or otherwise announced.) (CB) Cheryl Beeman stated this is a conforming zone change and located within the community designated RIA. It has well and septic, paved parking and nearly 5000 sq. ft. of commercial buildings. There is a fire water tank that was installed in 1997, and a 4000 sq. ft. building added in 2000. No permits are on file for the property, it was developed prior to Building and Zoning codes. Public Works has pointed out that there are improvements in the public ROW. She would like to add a special condition of approval that the applicant verify and remove any improvements within the County ROW.

Commissioner Curtis

asked for clarification on the water, is it public or well.

Ms. Beeman

stated on the property there is a well.

Commissioner Hafen

asked if the applicant has provided documentation on water rights?

Ms. Beeman

stated no. John Johannes, applicant. Stated he had sold the property years ago to a church and ended up getting the property back. There is a well on the property, he isn’t sure what landscaping could be in the public ROW. He does have two clients interested in leasing the property if they can get the zoning changed.

Ms. Beeman

stated exhibit D would show if there are any encroachments.

Commissioner Hafen

stated it appears there is a palm tree in the ROW.

Mr. Johannes

stated he was unaware that was in the ROW.

Commissioner Hafen

asked the applicant if there are water rights on the property.

Mr. Johannes

stated he had 1.7-acre feet and he believes the church lost them for not using them.

Commissioner Hafen

stated if that is the case he will be required by the State to obtain water rights.

Commissioner Duryea

stated there are two buildings on the site and asked what businesses would be occupying which buildings.

Mr. Johannes

stated the one business will take them all. A doctor in town is manufacturing a CBD oil. Page 3 of 6

Commissioner Curtis

asked if they will have retail sales.

Mr. Johannes

stated not to his knowledge, just manufacturing.

Commissioner Fowler

asked the applicant if he has read and understood the special conditions of approval.

Commissioner Curtis

asked if they are growing any plants.

Mr. Johannes

stated there is no plants, just manufacturing the CBD oil. Public comment opened and closed at 6:23 pm with no comments.

Commissioner Lee

motioned to recommend approval ZC-2018-000026 based on staff findings and subject to the special conditions in the staff report.

Ms. Boskovich

asked if they want to add the special condition of approval Ms. Beeman asked to add.

Commissioner Lee

stated it is already listed as condition #3. Seconded by Commissioner DeAnda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Beth Lee, Carol Curtis, Derek Fowler, Gary Bennett, Gregory T. Hafen II, Leah-Ann DeAnda, Tom Duryea.

Commissioner Hafen

turned the meeting over to Commissioner Lee. 9. For Possible Action — ZC-2018-000027: Public Hearing, discussion and deliberation on a Zone Change application to change approximately 5.0 acres from the Neighborhood Commercial (NC) zone to the Commercial Manufacturing (CM) zone, located at 6041 S. Hafen Ranch Road, further described as a portion of Township 21 South, Range 54 East, Section 15, File #84221, Parcel 1. Assessor Parcel Number 045-131-48. R Land Company, LLC — Property Owner. Nevada Natural Medicines, LLC / Scott Sibley, Manager — Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for December 18, 2018, or otherwise announced.) (SO)

Mr. Osborne

reviewed his staff report. Because the BOCC approved a ZC in 2015 with a 1-year deadline to become operational and it wasn’t met so the zoning was automatically reverted back to NC. They applicant is asking for a conforming zone change and there is an approved SUP on the location. Staff recommends approval of the request subject to the conditions. Ryan Welch, agent stated one condition of the SUP was to annex into the utility company and that took over a year. That is why they weren’t operational within that 1 year time frame.

Commissioner Duryea

asked if the water issues were all fixed.

Mr. Welch

stated they are at the final stages now, they have purchased water rights and putting in water lines.

Commissioner Duryea

asked if they have to be operational by January 1“ per the State.

Mr. Welch

stated yes. Page 4 of 6

Commissioner Duryea

stated there are concerns with the odors that could come from the facility.

Mr. Welch

stated Clark County is very stringent on odor control measures before you can get a license there and they will use the same measures to prevent odor here so they are very confident there won’t be any issues.

Commissioner Fowler

asked what the measures are.

Mr. Welch

stated they use spray foam, and carbon filters throughout the facility to prevent odors from leaving it.

Commissioner Fowler

asked if there is any way to include as a special condition that odor control measures be taken.

Mr. Osborne

stated odor control measurements are in the state requirements and they inspect the facility they have to meet the state requirements, it isn’t necessary for the County to put those on there.

Commissioner Fowler

motioned to approve ZC-2018-000027 based on staff findings and subject to the special conditions of approval. Seconded by Commissioner Bennett.

Commissioner Lee

turned the meeting back over to Commissioner Hafen. 10. For Possible Action — Zoning Ordinance Use Matrix: Discussion, deliberation and possible direction to staff related to development of a Zoning/Use Matrix. (CB)

Ms. Beeman

stated our new Planner Joe took all the uses and zoning districts and outlined whether or not they are permissive, or conditional for all zoning districts. Staff would like comments on whether or not this is the direction we can take our zoning ordinances and replace it with this use matrix. This is easier to update when we want to change or add land uses. Do we want to replace the text ordinances and just use this matrix instead?

Commissioner Hafen

stated this is a lot easier to see what is permissive, instead of flipping through 10 different zoning categories. This will be a very useful tool. He did notice the agricultural section states the only place farming is permissive is in Open Space. If it isn’t permissive in other categories it needs to be addressed in future ordinance changes.

Commissioner Lee

suggested adding a statement “Uses not listed are subject to the approval of the Zoning Administrator”.

Ms. Beeman

stated the zoning district will stay in the zoning code showing setbacks and dimensions and the statement in some of those zoning districts if we want to change the zoning Page 5 of 6 11. ordinance to this type of format. We can say for uses permitted or conditional see zoning matrix table #.

Commissioner Lee

stated she agrees, just doesn’t want anyone to look at the matrix and think if it isn’t listed they can’t do it.

Commissioner Hafen

agrees that we could place it on the top of the matrix maybe. And asked if other municipalities have replaced their code with this.

Ms. Beeman

stated they don’t do both. They use one of the other. Clark County uses only the matrix and some other jurisdictions just keep with the enumeration.

Commissioner Hafen

stated direction to staff is to add the items discussed and look into the agricultural uses. Future _Meetings/Workshops: Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time. Next meeting is December 12" at 6 pm.

Commissioner Hafen

stated he appreciated the way some of the special conditions were written and hopes to see them written more specific in the future and the matrix. The next meeting, they will discuss the CIP plan and possibly an update on Manse and Homestead Road.