December 12, 2018

Commissioner Lee

stated she sent some minor typographical changes to staff.

Commissioner Lee

motioned to approve including minor changes submitted to staff. Seconded by Commissioner Bennett. Page 1 of 14

Commissioner Hafen

stated he has some comments on item #15 if they can hear that tonight. Cody McKee stated he is fine with that.

Commissioner Hafen

asked if we want to continue item #14.

Commissioner Koenig

stated yes. Correspondence and Announcements

Commissioner Hafen

stated he has an announcement he will make right before our second public comment.

Commissioner Bennett

announced a chapter in Pahrump Sleep in Heavenly Peace. It is to supply beds to children who don’t have them from 3 — 17 years old that don’t have beds. They acquire the lumber and volunteers. They can go online to the website and apply for a bed. Every penny raised here goes to the kids here in Pahrump. Item was reopened at 7:47 pm.

Commissioner Hafen

stated he will be stepping down from the RPC to accept the Assembly District 36 seat. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report

Mr. Waggoner

stated for the month of November total planning applications was 124, processed 122. Building permits SFR was 25, Manufactured Home permits was 20 and total permits for all categories was 152 Code Enforcement had 10 new complaints and closed 14 through the month. Update on previous items heard by the RPC. Waiver for Red Apple Fireworks was denied by the RPC and has been appealed to the BOCC for 12/18 along with the CUP for the same property. ZC-2018-000026 was changing the zoning for 1.57 acres on Charleston Park from NC to CM to accommodate a Marijuana production facility and Auto Repair facility was recommended for approval and will be heard 12/18. ZC-2018- 000027 a 5-acre parcel from NC to CM on Hafen Ranch Road was recommended for approval by the RPC and will be heard at the BOCC 12/18 as well. Ex Parte Communications and Conflict of Interest Disclosure Statements Page 2 of 14

Commissioner Hafen

is abstaining from Item #11, his family entities own the adjourning properties and one of the conditions of approval references utility connections. Item #12 and 13 are both for signs for Beazer Homes and currently his family leases sign space to Beazer Homes. Commissioners Fowler will be recusing himself from items #12 and #13 his insulation business does work for Beazer Homes. For Possible Action — CU-2018-000055: Public Hearing, discussion and deliberation on an application for a Conditional Use Permit to allow a Commercial Kennel/Rescue/Sanctuary Facility in the Light Industrial (LI) zone, on 2.27 acres located at 1170 W. Carrol Street. Assessor Parcel Number 027-23 1-36. Lavon Salonic — Property Owner/Applicant. Mark Springer — 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 the facility has been at this property since 2002. Animal control started inspecting the property since 2009, a CUP is required for this use. The property is zoned LI that allows a Commercial Kennel with a CUP. There are currently 33 dogs and cats total and the applicant just wants to continue the use as is. Staff is recommending approval subject to the conditions. Expansion would require the applicant to come in and amend the CUP.

Commissioner Curtis

asked why they are restricting the total amount of animals.

Mr. Osborne

stated that is what the applicant has and have stated they have no intent to expand or take any additional animals.

Commissioner Lee

asked if there is a justification letter submitted.

Mr. Osborne

stated yes there was, it looks like it was left out of the backup. Thomas Gibson, Attorney for the applicant and Mark Springer — agent.

Mr. Springer

asked what the justification is.

Commissioner Lee

stated it is the statement to the application that explains the business and gives them the information on what you are applying for.

Mr. Springer

stated she just tries to take in some animals from the dog pound. It all comes out of her pocket, there are no donations and she has been doing it for a lot of years.

Commissioner Lee

asked if they adopt out any dogs or cats.

Mr. Springer

stated once in a while. The ones they have left are old and disabled. They just want to take care of the ones they have left.

Commissioner Lee

asked if there are regular hours she is open to the public or are they by appointment only.

Mr. Gibson

stated it would be appointment only, it was just brought to her attention that she isn’t grandfathered and that she would need to apply for a CUP.

Mr. Springer

stated that they aren’t taking anymore animals in.

Commissioner Duryea

asked the applicant if she has the finances to take care of the animals she has. Page 3 of 14 Lavon Salonic stated yes, she uses her retirement money.

Commissioner Lee

asked the applicant if they have read, understood and agree to the conditions of approval that are listed in the staff report.

Ms. Salonic

stated I believe so.

Commissioner Lee

asked if they have seen them.

Mr. Gibson

stated she agrees with the conditions. Public comment opened at 6:18 pm. Suzanne Zervantian stated she is Ms. Salonics neighbor and veterinarian. She stated she has always gotten her inspections and wonders if this is just a lack of communication between Animal Control and Planning. This isn’t a business and takes in animals that get dumped upon her. She spends her own money to spay, neuter and vaccinate the animals. After 9 years of inspections and suddenly being told this may not be the case she retained an attorney in fear of having to move from Pahrump. There is no noise or smells coming from the property. There have been multiple definition changes of Commercial Kennel over the years and she doesn’t fit into the Commercial Kennel description. Sabre Savatino stated she is Lavon’s neighbor for 3.5 years. This has caused her quite a bit of stress the animals don’t cause any problems, the property is clean, the winter time have heat, and in the summer, they have their own coolers. They are very well taken care of and are her family.

Commissioner Lee

motioned to accept the justification letter as additional back up.

Commissioner Fowler

motioned to approve CU-2018-000055 subject to the special conditions of approval and the justification letter in the back up. Seconded by Commissioner Bennett.

Mr. Osborne

reviewed his staff report. The property is zoned VR-20 and wants to rezone to RH- 4.5. It conforms to the Master Plan. The applicant wants to do farming and agricultural uses but isn’t allowable in the VR-20 zoning district. Staff recommends approval of the application.

Commissioner Lee

asked staff to verify that the water permit and certificate that were provided are valid and water rights are in good standing. Page 4 of 14

Mr. Osborne

stated he doesn’t think he can verify that at this time.

Commissioner Lee

asked Mr. McKee if there was anything missing from his back up based on the note added to their comments.

Mr. McKee

stated yes, the following was added on to their comments Please note: Public Works reserves the right to include additional facts, findings, safeguards, and conditions when all the back-up and/or information is provided, for each individual application, either before, during or after the meeting. It doesn’t negatively impact their comment but was added on.

Commissioner Curtis

asked Mr. McKee that they are requesting 30-foot ROW requirement.

Mr. McKee

stated that is correct.

Commissioner Curtis

asked when they would be required to record that.

Mr. McKee

stated it would be a condition of approval and would go through the process for dedication with the Planning Department.

Commissioner Hafen

stated the water rights on the DWR website do show to be in good standing at this time. Phillip Boggs, applicant stated he has the deed for the water rights, and for the 30-foot easement he stated Public Works has already been out and surveyed the property and the fence line is moving back to give up the ROW. It should be moved back completely within 30 to 45 days. It was pointed out to him by PW that they hadn’t given up the ROW and it will help with the safety concerns of the road for the school children. He bought the property in 1996 and he had livestock, grew crops and when Beazer Homes came about they changed the zoning to VR-20. He felt like he needs the zoning to be compliant with the rules.

Commissioner Fowler

asked what type of farming he is doing, and animals does he have.

Mr. Boggs

stated he has sheep, he has had horses, he has nut trees, fruit trees and in the future, it will be based on what he can afford and the animals he wants. When he bought the property, there was alfalfa and horses. He has had two acres of tomatoes at one time.

Commissioner Hafen

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

Mr. Boggs

asked for a review on the conditions. It says 3 years on the 30-foot easement and he stated they will have it done.

Commissioner Hafen

stated they would like the ROW done sooner, 90 days sounds better.

Mr. Boggs

stated when he went to the PW and asked if there was paperwork to have the easement done they stated yes, or he could just move his fence and they would do what they need to do to the road when they get the money. If PW wants the paperwork to dedicate it they will do that. He has also spoken to his neighbor to see if he is ready to dedicate his also. They have met with Mr. Christensen about it already.

Commissioner Koenig

asked if they have to move the lots lines?

Mr. Waggoner

stated no, it is just sheet of paper for an Offer of Dedication that needs to be notarized and asked Mr. Boggs to come to the office to get the paper work done. Page 5 of 14 10.

Mr. Boggs

stated he would come see Mr. Osborne on Monday. Public comment opened at 6:37 pm. Robert Sideri lives in the Beazer Subdivision. If he is only planting vegetables and food for his animals and not growing weed, he is fine with it and they will be good neighbors to him. Ronald Daniels is also a neighbor in the Beazer subdivision and his concern is that he was going to be raising cannabis. Nothing was spelt out on the notice and if they would have spelt out his intentions they wouldn’t have been here tonight. If it isn’t for raising hemp of anything they have no objections to it.

Commissioner Hafen

would like to bring this area up under item #16 for future meetings.

Commissioner Hafen

stated if it was to be marijuana it would be a Special Use Permit with the BOCC and a special notice would have been sent out and outdoor growing of marijuana within the PRPD is not allowed.

Commissioner Fowler

motioned to recommend approval of ZC-2018-000028 subject to the special conditions of approval. Seconded by Commissioner DeAnda.

Commissioner Lee

motioned to accept the additional back up. Seconded by Commissioner Bennett.

Commissioner Lee

asked if they have read, understood and agree to the conditions of approval. Page 6 of 14 11.

Mr. Mankins

stated yes. He also stated it isn’t in the current CC & R’s but in their board minutes, but the owners are allowed to build hangers with homes by themselves.

Commissioner Fowler

motioned to approve WV-2018-000078 subject to the conditions of approval. Seconded by Commissioner Duryea.

Commissioner Hafen

turned the meeting over to Commissioner Lee and left the building. a. For Possible Action — MP-2018-000011: Public Hearing, discussion and deliberation on a Master Plan Amendment (Minor) application to change approximately 4.7 acres from Rural Density Residential (RDR) to Community Development Area (CDA), located at 5910 E. Kellogg Avenue. Assessor Parcel Number 045-151-18. Loretta L. Banaszynski — Property Owner. Leaf Properties, Inc. - Applicant. Doug Kinsey — Agent. b. For Possible Action — ZC-2018-000029: Public Hearing, discussion and deliberation on a Zone Change application to change approximately 4.7 acres from the Rural Homestead Residential (RH-4.5) zone to the General Commercial (GC) zone, located at 5910 E. Kellogg Avenue. Assessor Parcel Number 045-151-18. Loretta L. Banaszynski — Property Owner. Leaf Properties, Inc. - Applicant. Doug Kinsey — Agent. (The Pahrump Regional Planning Commission makes a recommendation on these items. Final Action by the Board of County Commissioners is scheduled for January 22, 2019, or otherwise announced.) (SO) Steve Osborne reviewed his staff report. The applicant requested General Commercial zoning, but NC would also allow for the proposed use and according the 2014 Master Plan the least intensive zoning designation should be used. The Master Plan Amendment to RDA would allow for NC zoning. Staff is recommending approval for NC and RDA and subject to the conditions of approval as outlined.

Commissioner Lee

asked for clarification that the public hearing notices went out for a more intense zoning district and master plan amendment and because staff is recommending a less intense zoning and master plan amendment they don’t have to be re-noticed.

Mr. Osborne

stated correct. Doug Kinsey, applicant stated they are hoping to get another Family Dollar going but wanted to see what the prospects of rezoning of the property are before they spend too much time and money.

Commissioner Fowler

asked Mr. Kinsey if he is okay with the NC and RDA proposal.

Commissioner Koenig

asked if the access to the property will be off Kent or Kellogg?

Commissioner Koenig

stated they have an issue with the access being off Kellogg because of the school buses going up and down the road and maybe they want to change the access by making that a condition. Page 7 of 14

Commissioner Curtis

stated she also has a concern about the ingress and egress.

Mr. Kinsey

stated his engineer took a plan from another property to make sure it would fit on the property. The site would be flipped so that the entry is on the other side of the building and retention pond to the west.

Commissioner Koenig

stated his concern is the school busses going up and down and the traffic coming in and out of the property.

Mr. Kinsey

stated the peak hour trips are typically when people are off work and school is already out.

Commissioner McKee

stated this would be address in the traffic study review and they have talked to the consultant on it. He said the analysis would include but not limited to the need for possible roadway widening, turn pockets, two way left turn lanes, intersection enhancements at Kellogg and Hafen Ranch, the need to address the need for pedestrian safety, all way stop control and possible traffic signal contributions or control, additional lighting, signage, striping and road markings would also be required.

Commissioner Lee

stated there are a lot of kids that walk from the neighborhoods across the street and vicinity, so it is a big concern.

Commissioner Lee

asked Mr. McKee if during the traffic study, site analysis and site development would they look at if changing the access point to Kent be something better or would it need to be required.

Mr. McKee

stated it hasn’t been proposed at this time, currently Kent isn’t developed.

Commissioner Fowler

stated the Kent access doesn’t make sense. It would be bad for business and could make the applicant reconsider building. He asked Mr. McKee if there are cost estimates for the improvements.

Mr. McKee

stated no, it has only been a traffic scoping checklist.

Commissioner Duryea

stated he has an issue as well, Kent is dirt and could cause a dust control issue, who pays for the paving.

Commissioner Lee

stated the developer would pay for the improvements.

Commissioner Curtis

asked if they will connect to existing utility services.

Mr. Kinsey

stated one condition is for the site to connect into the existing utilities and they are okay with that with the caveat that they don’t know how much it all would cost. They have a concern with the Kent access and the tenant, Family Dollar would not have sign off on the Kent access, they would have to go find something else.

Commissioner Lee

asked if they have entered into a purchase or lease agreement for the property.

Mr. Kinsey

stated yes, but they haven’t closed on the property yet.

Mr. Kinsey

stated he understands their concerns with the road issues and driving off road. He would design the property so that there is only access off Kellogg and he assumes there will be some sort of fencing required anyways and they would take action with that. They will have to see what the traffic study requires.

Commissioner Fowler

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

Commissioner Duryea

stated condition number one is that a 6-foot decorative wall is required to go around the property plus the landscaping.

Commissioner Fowler

motioned to recommend approval of MP-2018-000011 amending CDA to RDA and ZC-2018-000029 recommend approval to NC not GC. Subject to conditions of approval. Seconded by Commissioner DeAnda.

Commissioner Lee

asked Ms. Boskovich the motion failed, the MP needed a two thirds majority vote.

Ms. Boskovich

stated they can take the items separatory.

Commissioner Fowler

asked if the items are worth anything if one was approved.

Mr. Waggoner

stated they would need to be taken together.

Ms. Boskovich

stated there is no recommendation coming from the RPC, because it tied 3 — 3.

Commissioner Koenig

stated it comes to the BOCC with a notice that it failed from the RPC. Meeting went into recess at 7:12 pm Meeting reconvened at 7:18 pm. Page 9 of 14 12,

Commissioner Lee

asked Ms. Boskovich was the decision on the item is? Or will staff get back with the applicant.

Ms. Boskovich

stated staff will contact the applicant.

Commissioner Fowler

left the meeting. a. For Possible Action — WV-2018-000079: Public Hearing, discussion and deliberation on an application for a Waiver from NCC 17.04.770, Signage Requirements, to allow an Off-Premise Sign for Beazer Homes (Burson Ranch subdivision) to have three (3) support columns where a maximum of two (2) support columns are allowed, to be located less than five hundred feet (500') from a residential zone boundary, and to be located within the Neighborhood Commercial (NC) zoning district, for property located at 1140 W. Charleston Park Avenue. Assessor Parcel Number 036-323-27. Lewis Living Trust and Weaver Trust - Property Owners. Motivational Systems, Inc. - Applicant. Carlos M. Ramos — Agent for Motivational Systems, Inc. For possible action — CU-2018-000056: Public Hearing, discussion and deliberation on a Conditional Use Permit application to allow an Off-Premise Sign for Beazer Homes (Burson Ranch subdivision) located at 1140 W. Charleston Park Avenue. Assessor Parcel Number 036-323-27. Lewis Living Trust and Weaver Trust - Property Owners. Motivational Systems, Inc. - Applicant. Carlos M. Ramos — Agent for Motivational Systems, Inc. (These items are Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO)

Mr. Osborne

stated this is a request for an off-premise sign for the Beazer homes subdivision. The property is zoned for NC and doesn’t allow for an off-premise sign, the applicant has applied for a waiver to allow the sign in NC, to allow the sign to be located 500 feet from a residential district and to allow three support columns where only two are maximum allowed. Staff supports approval of the applications; the sign is temporary and only up as long as there are homes being built and removed once the subdivision is completed.

Commissioner Koenig

asked if the signs are already up.

Mr. Osborne

stated no. Carlos Ramos, Motivational Systems, Inc. stated they are requesting for a temporary off- premise sign for Beazer Homes. It is to be located at the NW corner of Hwy 372 and Charleston Park.

Commissioner Bennett

asked why they need three columns and not two.

Mr. Ramos

stated IBC codes state it requires them to use 3 columns for weight distribution and wind foads.

Mr. Waggoner

asked if that is a recommendation from engineering.

Commissioner Curtis

stated rather than to condition this on the completion of the last home could they have a more specific time limit where they’d have to come in and ask for an extension.

Commissioner Duryea

stated Mr. Ramos stated the houses typically sell out in two years. He would like to add special condition # 9 that the CUP expires when all the houses are sold, not to exceed two years.

Mr. Ramos

stated typically most jurisdictions are two years. Cody McKee stated Public Works stated they have asked for an additional 10-foot ROW on Charleston Park was dedicated to the County. This section of Charleston Park is identified in the CIP as Rural Minor arterial that requires 80 feet of ROW.

Commissioner Duryea

motioned to approve WV-2018-000079 and CU-2018-000056 addition condition of approval that the CUP expires in 2 years. Seconded by

Mr. Waggoner

asked for clarification that the motion includes the comment from Public Works, condition # 10.

Commissioner Duryea

stated yes, he amended his motion to include the 80 ft ROW. by

Commissioner Curtis

amended her second.

Mr. Osborne

reviewed his staff report stating the zoning does allow for an off-premise sign and requires a waiver for the three support columns and distance from residential zone. Staff is recommending approval of the applications. Carlos Ramos, applicant stated he would agree to adding the same conditions from the previous CUP to expire in 2 years. Page 11 of 14 14. 15.

Commissioner Duryea

motioned to approve WV-2018-00080 and CU-2018-000057 adding the special condition of approval # 9 that the CUP expires in 2 years. Seconded by Commissioner Bennett

Commissioner Hafen

opened public comment at 7:34 pm and closed with no comments.

Commissioner Duryea

motioned to continue to next meeting. Seconded by Commissioner DeAnda.

Commissioner Koenig

asked staff to check with Darrell Lacy when he will have something available. For Possible Action — Presentation/Status regarding the CIP Streets/Highways Priority Matrix (Public Works).

Mr. McKee

stated there is a current draft proposal in the back up and for discussion purposes. He would like to know how they would like to proceed. There is also a current approved matrix from 2013.

Commissioner Hafen

asked if anyone would want to review the old version or the draft.

Commissioner Hafen

stated they will look at the draft.

Commissioner Hafen

stated Hafen Ranch Road, Thousandaire to Highway 160 — if they put a bigger section of the road from the Hafen Elementary School at Kellogg to the Highway then they could do smaller sections of it but if it isn’t included they can’t do it.

Mr. McKee

stated the finance portion should be answered by the finance department.

Commissioner Hafen

suggests if they can only use money that is shown on here we should show a larger section from either 160 or Manse to Kellogg Road. The same comment on Jane is to bring it down to Homestead would make a nice brand-new loop with the improved Homestead Road. Another comment is some other roads look like they could be included in a DA, we should know what is included in a DA, if it is half width it should stay on the plan but if it is full width we may want to remove it from the list. That’s for a future discussion. The same goes for some subdivision agreements as well. Charleston Park, Leslie to 372. Page 12 of 14 16.

Commissioner Koenig

stated Charleston Park has been on there because we have already paid for the engineering and they don’t want to throw that money away. Someday it may get done.

Commissioner Hafen

stated from the intersection improvements: Hwy 160 and 372 are a good idea because the round-a-bouts were able to use some partial CIP funding for those.

Commissioner Koenig

stated it was an agreement with the County and NDOT that they would pay a million and they pay the remainder.

Commissioner Lee

asked Mr. McKee if on the Thousandaire/Hafen to SR160 does that mean they are building out Thousandaire to connect to HWY 160.

Mr. McKee

stated yes, the plan was to connect. That is why the current CIP has the section the way it is. The reason why it doesn’t go to Kellogg now is because the road is attached to 160. The traffic patterns were changed to reflect that.

Commissioner Hafen

stated Mr. Lacy is working on a map to diagram where all the roads are.

Commissioner Bennett

asked if they have seen a decrease in vehicle accidents since the round-a- bouts have went in.

Commissioner Koenig

stated yes, there has been a decrease.

Commissioner Duryea

asked if there is anything for Homestead and Manse coming up.

Mr. McKee

stated they have sent a request for comments to their traffic engineer for a four way stop analysis, they have been looking at but not currently in the works at this time.

Commissioner Fowler

stated with all the intersections on the highways what is the process on exploring this hand in hand with NDOT.

Commissioner Hafen

stated Mr. Lacy had spent a day with NDOT driving them around town and he should be able to address that further.

Commissioner Koenig

stated they had a meeting with NDOT and they discussed what we wanted in the next four years and what they still haven’t done. NDOT went through some of the plans they had, and it didn’t include some of the things they wanted.

Commissioner Hafen

reopened Item #5. Future Meetings/Workshops: Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time.

Commissioner Koenig

stated he would like the sign code looked at, if it is an engineering concern please change the code to 3 legs instead of two.

Mr. Waggoner

stated in the code it is hard to give too many options as far as sizes.

Commissioner Koenig

would like a text amendment to the Airport Overlay to allow the hangers.

Commissioner Koenig

asked staff what the CUP cost for the Commercial Kennel.

Mr. Waggoner

stated $350 plus $175. Page 13 of 14

Commissioner Koenig

stated he would like an agenda item from staff or they can put it through for a refund of her money. He knows she isn’t grandfathered.

Mr. Waggoner

stated he recommended to her to ask for a refund in the item, but this is the result of departments working together and it has been requested that if they come across something to bring it to our attention.

Commissioner Koenig

stated he understands they have to be careful of who they waive fees for but what she has been doing, and out of her own pocket for 20 years he would like the fees waived somehow.

Commissioner Lee

asked to have staff do a study on the Squaw Valley VR-20 area and bring it back next month or one of the following months. Next meeting January 16" at 6:00 pm.

Commissioner Fowler

stated the 16" may be rough for him to attend.