March 20, 2019

Commissioner Koenig

Assessor Parcel Number Building and Safety Board of County Commissioners Conditional Use Permit District Attorney Manufactured Home Nye County Code Nevada Revised Statues Pahrump Regional Planning District Public Works Right of Way Regional Planning Commission Single-Family Residential Temporary Use Permit Waiver Zone Change Pledge of Allegiance/Call to Order Meeting called to order at 6:04 pm.

Commissioner Lee

stated she submitted some minor typographical errors to staff.

Commissioner Tyler

motioned to approve the minutes. Seconded by Commissioner Duryea.

Commissioner Duryea

motioned to continue items 20 and 21 a & b to the April 10, 2019 meeting. Seconded by Commissioner Bennett.

Commissioner Duryea

stated last Friday he was at the annual Ethics and Open Meeting Law training and it was very informative.

Commissioner Bennett

stated he wanted to thank Commissioner DeAnda for all the help with his Non- profit Sleep in Heavenly Peace and that the Moose Lodge will be doing a dinner on March 30" at 4:30 — 6:30 pm and donate 100% of proceeds to this nonprofit that helps the children in the community. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison ~ John Koenig They will speak about the online training again and it was recorded and that that new members have to take the training.

Commissioner Bennett

asked if it is annual or every two years.

Commissioner Koenig

stated the BOCC are to take it every year and NRS is every other non- even year. b. Director’s Report

Mr. Waggoner

stated for the month of January Planning took in 136, processed 138. Building permits were down SFR 33, MH at 29 and total permits issued for all categories 167 and 375 inspections performed. Code Compliance we had 18 new complaints and closed 16. He has no updates on old items this month. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner DeAnda

stated her son worked for both companies during high school and living in her home but she will not be abstaining. For Possible Action — ZC-2018-000030 (This item is continued from the January 16, 2019 PRPC meeting): Public Hearing, discussion and deliberation on a (Conforming) Zone Change application to change two contiguous parcels totaling 17.3 acres from the Mixed Use (MU) zone to the Suburban Estates Residential (SE) zone, located at 440 and 450 E. Wilson Road. Assessor Parcel Numbers 035-321-52 (5.0 acres) and 035-321-56 (12.3 acres). Wilson Capital Nevada Page 2 of 20 Land, LLC — Property Owner. Jeffrey Gunter, Manager - Applicant. Heather J. Wilson — Agent. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for April 16, 2019, or otherwise announced.) (SO) Steve Osborne stated the applicant has requested to withdraw their application.

Commissioner Lee

asked if they asked to withdraw with or without prejudice.

Mr. Osborne

stated they did not state either way. Mario Quiroga stated the have changed their plans and no longer wish to use the Wilson property to cultivate on.

Mr. Osborne

stated it sounds like they have no intentions to restart the application, so we would just need it withdrawn.

Commissioner Tyler

motioned to withdraw ZC-2018-000030. Seconded by Commissioner Bennett.

Mr. Osborne

stated the intent of this zone change is to allow hemp cultivation. It is allowed in the SE zone however the SE zone is nonconforming to the RDA master plan designation and the zones conforming are RE-1, RE-2, RH-4.5 and RH-9.5. The least intensive zone would be RH- 9.5, so that is what staff is recommending the property be rezoned to.

Commissioner Lee

asked for clarification that because it was noticed at a more intensive zone change and it is recommended to a less intensive zone change we wouldn’t need to renotice the application, correct.

Commissioner Koenig

stated someone came forward earlier that stated there was only one zone allowing hemp and now he is being told there is more.

Mr. Osborne

stated he believes he said RE and RH.

Commissioner Koenig

stated so it’s inclusive.

Mr. Osborne

stated yes. Page 3 of 20

Commissioner Curtis

asked why the applicant didn’t request approval for RH-9.5.

Mr. Osborne

stated they probably would have if they would have known that RE or RH would have been a conforming zone change. Mario Quiroga representing Jeffrey Gunter, Heather Wilson for Nevada Crest. They are requesting permission for a zone change to expand their hemp cultivation area.

Commissioner Lee

asked if they are amenable to the different zoning that staff is recommending.

Commissioner Duryea

stated a complaint they get around the community is odors. What are the plans to mitigate the odors from coming off your crop?

Mr. Quiroga

stated hemp is grown outdoors and there will be a smell from the crop as it flowers.

Commissioner Curtis

asked if there is a lot of consideration for the amount ow water for that many acres of growth.

Mr. Quiroga

stated the property owner has already allocated the proper amount of water rights for the growth.

Commissioner Lee

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

Mr. Quiroga

stated yes. Public comment opened and closed at 6:23 pm with no comments.

Commissioner Koenig

stated on page 4 he assumes the permit that was rejected has gone away and you’ll use the other two.

Mr. Quiroga

stated no. Tracie Reiss stated all the water permits have been extended to December 2019 form his property management companies and the water rights people. That is why they can move those around.

Commissioner Koenig

stated he is in the condition of use it or lose it.

Ms. Reiss

stated he is.

Commissioner Curtis

asked if there are enough water rights to cover the acreage.

Ms. Reiss

stated yes there is, and he has water rights on other properties that can be move around.

Mr. Quiroga

stated the property owners have multiple water rights around town and will move them around if they need to.

Commissioner Curtis

asked if she has to make a motion to deny his request.

Commissioner Lee

stated no, you could recommend approving the 9.5.

Commissioner Curtis

motioned to recommend approval of the rezoning to RH-9.5 based on the findings and subject to the conditions. Seconded by Commissioner Bennett. Page 4 of 20 10.

Mr. Osborne

stated this is a CUP for fireworks sales and storage. It is permissive with a CUP in the GC zoning. The waiver application is due to several residences within the 1500 feet of the property. We received a letter form the public that is available to attend and asked for it to be read into the record.

Commissioner Bennett

motioned to accept the additional back up. Seconded by

Mr. Osborne

read the letter form Michael Lach into the record.

Mr. Osborne

stated there are several special conditions and #16 states the applicant would have to remove all containers that are on the multi-family residential lot on Arrowhead not later than 30 days following approval of the CUP. #17 states within 3 years the applicant would have to start construction of a permanent building to house the fire works and we would like to add #19 that all fencing must be brought into compliance by installing opaque screening. There is screening on the fence but isn’t in compliance with the requirements.

Commissioner Lee

asked what the current separation from a residential property is.

Mr. Osborne

stated the closed residential property which is the Arrowhead properties is 84 feet. Which is property line to property line.

Commissioner Curtis

asked if the surrounding residential properties have been noticed. Page 5 of 20

Mr. Osborne

stated the notices that went out are a 300 ft buffer, exhibit C shows the properties within the yellow dotted line show noticed. Arrowhead properties have been noticed but the other properties are outside the notification area. Casey Steinhart GM for Area 51 fireworks stated they were asked years ago to meet with Darrell Lacy and Scott Lewis and they talked about the third property and they stated they would like them to move the containers back away from 372, move the containers 50 feet from the building and to fence and make sure there were drives all the way around. They have a fire hydrant on site and they have accommodated all the request.

Mr. Waggoner

stated he would like to concur on behalf of Code Compliance, they issued notices of violation and he is trying to do the right thing.

Commissioner Curtis

asked the applicant if they anticipate further growth of online sales.

Mr. Steinhart

stated they anticipate further growth in the business, the Pahrump market has grown quickly in the last 5 years. They don’t do a lot of online sales, we aren’t allowed to ship so the online sales they have to come and pick up.

Commissioner Curtis

asked what type of shipping they use for online sales.

Mr. Steinhart

stated common carrier, it is on a pallet and shrink wrapped on large trucks.

Commissioner Curtis

asked if they have looked into building a traditional warehouse?

Mr. Steinhart

stated yes but the cost has been fairly expensive.

Commissioner Curtis

asked if they would be prepared to build in 3 years.

Mr. Steinhart

stated they are working towards that. They are looking at different locations to do that.

Commissioner Bennett

asked if they are completely up to standard with regulations and zoning with all the properties.

Mr. Steinhart

stated yes, with the exception with what they are requesting now. There is one property that is zoned residential that they are working towards moving them off and haven’t decided if they would do a zone change or move everything off but once the season is over they would take care of the issue. The one they aren’t asking for right now will be taken care of, but the 30 days makes it difficult for them. They hoped for 30 days after the 4" of July they could clear off the back part of that parcel.

Commissioner Bennett

stated they don’t have a completion date but are hoping for 30 days after the 4" of July.

Mr. Steinhart

stated that is what they are trying to do, they are starting to get quite a few containers in and set up for the season and they need to find another location to move the containers to.

Commissioner DeAnda

stated 18 years ago there was a warehouse fire and the fire hydrant didn’t work. Has that been rectified.

Mr. Steinhart

stated yes it works. Page 6 of 20

Commissioner DeAnda

asked when the last time it was checked.

Mr. Steinhart

stated the beginning of July last year, but they use it multiple times a year to water down the dirt. If it needs to be added as a condition to checked more regularly than they are fine with that.

Commissioner DeAnda

stated she would like it checked more frequently than once a year.

Mr. Steinhart

stated he would do that.

Mr. Waggoner

stated that is a yard hydrant and fire code requires checking once a year.

Commissioner Tyler

asked if there is a third party that checks the fire hydrant.

Commissioner Curtis

stated Mr. Lach requested the containers be set back 100 feet from the property lines. Is that even possible.

Mr. Steinhart

stated no two of the parcels aren’t that wide.

Commissioner Koenig

stated from property line to property line it is 84’ and you need a 16-foot drive aisle then nothing should have to move. If we make that a condition, they are satisfying Mr. Lach’s insurance company problem and it won’t affect you at all.

Commissioner Lee

states his property is adjacent to Area 51, the properties are back to back. Is his property undeveloped or developed property?

Mr. Waggoner

stated he owns the undeveloped property adjacent to the property with the yellow lines around it.

Commissioner Lee

stated that doesn’t solve his insurance issue.

Mr. Waggoner

stated no, not with the containers that would be located right behind him. Drive aisle position could be changed and put the drive aisle at back of the property. He needs 150-foot stretch.

Mr. Steinhart

stated looking at the conditions of approval the issue would be the 30 days and asked if it could be extended to 30 days after the 4".

Commissioner Lee

asked for clarification that they have read and agree to all the additional conditions.

Commissioner Lee

asked if they understand that failure to comply will continue the code case and if the CUP is approved and you fail to comply with conditions they run the risk of the CUP to be revoked. Page 7 of 20 11.

Mr. Steinhart

stated he understands but he isn’t the owner of the company and he can’t agree for the owners to remove the containers in three years.

Commissioner Lee

stated they do have the opportunity to ask for an extension of time. She can’t say it would be granted in the future.

Mr. Steinhart

stated the possibility is there that it could be granted then he can agree to it, because that is what they will be working towards that.

Commissioner Tyler

motioned to approve subject to the conditions and adding special condition that clearance from the current property to any storage container be 100 feet. And that all fencing be brought into compliance.

Commissioner Lee

asked for clarification that she wants to add condition #20 that there is a 100-foot separation between the containers.

Commissioner Tyler

stated and the existing residential properties so that he could comply if you don’t take the fence line into consideration.

Commissioner Lee

stated the person that submitted the letter the properties are back to back.

Commissioner Tyler

stated with it being back to back and to bring the fence into compliance he doesn’t know how he could come up with the 100 feet with the size of the lots.

Ms. Beeman

asked for clarification that the motion was clearance from property line to containers of 100 feet.

Commissioner Tyler

stated from the developed property line to any storage container has to be 100 feet.

Mr. Waggoner

stated he would suggest stating there will not be any storage containers within 100 foot of any habitable structures.

Commissioner Tyler

amended her motion. Seconded by Commissioner Bennett.

Mr. Osborne

reviewed his staff report and stated there was no public comment on this application. They are suggesting adding condition #19 stating all fencing must be brought into compliance by installing opaque screening. Upon further review of the application they have determined there are residential properties within 1500 feet of the Blackjack property. Behind Page 8 of 20 12. Saddle West Casino there are several multifamily properties approximately 900 feet and a waiver is required in addition to the CUP. It has been added as a condition #18 that the applicant shall submit a waiver application and get approval of the waiver within 90 days of the CUP.

Commissioner Curtis

asked if RV parks are considered residential.

Mr. Osborne

stated RV parks are under commercial classification.

Mr. Waggoner

stated they are portable and can be relocated easily in an emergency. Casey Steinhart for Blackjack Fireworks, the reason why they didn’t apply for the waiver was because as far as they knew there was no residential 1500 feet. These parcels are across Hwy 160 and they will apply for a waiver application. The fencing isn’t a problem, the problem with the screening is the wind blowing and bending the fencing.

Commissioner Lee

stated staff is recommending they apply for the waiver within 90 days.

Mr. Steinhart

stated they will do that.

Commissioner Lee

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

Commissioner Duryea

motioned to approved CU-2019-000061 including the conditions of approval adding condition #19. Seconded by Commissioner Tyler.

Ms. Beeman

reviewed her staff report stating she has a correction that PW provided comments and they are provided in the staff report but she failed to include them in the Page 9 of 20 13, conditions of approval. They are requesting a Dedication of Right of Way for the southern half of East Manse road and along South Hawkins added as a condition. Tony Elder, Impact Sign & Graphics, stated they will make sure the sign is far enough away from the PW ROW.

Commissioner Tyler

asked if the applicant understood they were asking for a dedication of ROW.

Commissioner Curtis

stated at a previous meeting there was a time limit.

Commissioner Lee

stated it is listed as a condition of approval under #6.

Commissioner Lee

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

Mr. Elder

asked for clarification that they just apply for a dedicated ROW.

Mr. Waggoner

stated they property owner needs to contact the Planning Department to file that and it will go to the BOCC for acceptance.

Mr. Ettleman

asked what the time limit is.

Mr. Elder

stated up to 2 years.

Commissioner Duryea

motioned to approve CU-2019-000062 and WV-2019-000087 subject to the conditions of approval and adding condition of approval for the dedication of ROW. Seconded by Commissioner Bennett.

Ms. Beeman

reviewed her staff report stating staff recommends approval of the application.

Commissioner Duryea

asked if the amendment of code to allow three support columns is coming.

Mr. Waggoner

stated there is a draft in review at the DA’s office now. Public comment opened and closed at 7:19 pm with no comments.

Commissioner Lee

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

Commissioner Tyler

motioned to approve CU-2019-000063 and WV-2019-000088 with staff conditions. Seconded by Commissioner Curtis.

Mr. Osborne

reviewed his staff report stating PW is requesting a 10-foot ROW under condition #4 and staff is recommending approval.

Commissioner Lee

asked if the applicant has read, understood and agrees to the conditions of approval.

Commissioner Duryea

motioned to approve CU-2019-000064 and WV-2019-000089 subject to the conditions of approval. Seconded by Commissioner Tyler.

Mr. Osborne

reviewed his staff report and stated PW is asking for SO feet of ROW under condition #4, the applicant stated the sign will not be 500 feet of a residential zone, so they don’t need the waiver for that, but they do need it for the other items, and staff is recommending approval.

Commissioner Duryea

stated they are asking for a waiver because it isn’t on Hwy 160, but the address is Hwy 160.

Mr. Osborne

stated the address is Hwy 160, but the sign would be located more than 100 feet from the ROW of Hwy due to the configuration of the lot.

Commissioner Lee

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

Mr. Elder

stated yes. Public comment opened and closed at 7:27 pm with no comments.

Commissioner Bennett

motioned to approve CU-2019-000065 and WV-2019-000090 based on staff findings and subject to the conditions of approval.

Ms. Beeman

stated they are recommending denial of the applications. CM doesn’t allow for off-premise signs and they didn’t include that in their waiver application. Staff feels the RPC doesn’t have the authority to approve a use that is not in a permitted zoning district. That is the basis for the recommendation for denial.

Commissioner Duryea

asked if staff suggests that they continue the item to the April meeting, so they can apply for the waiver.

Ms. Beeman

asked for advice from the DA’s office. She doesn’t believe we have the authority to waiver and grant a use variance. Marla Zlotek asked for clarification on the waiver of the use statement.

Ms. Beeman

stated the CM zone doesn’t allow for off-premise sign.

Ms. Zlotek

stated that is the use under the CU 16.A.

Ms. Beeman

stated correct can they apply for a wavier that isn’t typically allowed under that zoning district.

Ms. Zlotek

asked if it would be the applicant to apply for the waiver or her.

Ms. Beeman

stated the applicant. Can they apply for a waiver for a use that isn’t allowed in a zoning district?

Ms. Zlotek

if it is allowed by the waiver uses in the code. The use for the CUP is a separate issue which has been addressed, can the waiver be applied to and be applicable to a use which isn’t allowed for the zoning which is the CUP issue. The CUP issue is clear. The issue becomes can a waiver be applied to separately for that reason. The question is can he make application for that waiver.

Ms. Zlotek

stated they can continue the application for her to research that because she doesn’t have an answer off the top of her head.

Ms. Beeman

stated it has been properly identified in the agenda item that they did ask for a waiver to allow for a sign in the CM zoning where the CM zoning doesn’t apply for off- premise signs. Staff understands that you can’t apply for a use variance.

Ms. Zlotek

stated to give the time would be appropriate since planning has made the recommendation with understanding it could not be done. She would like a little time in Page 13 of 20 17. case it is a new issue we need to address it opposed to prior practice. So the need for clarification would be appropriate.

Commissioner Bennett

motioned to continue to the April 10" meeting. Seconded by

Ms. Beeman

reviewed her staff report and stated staff is recommending denial. Using the GIS database the sign could not be located 750 feet from the existing sign on Crazy horse and Hwy 160.0 They are willing to consider a continuance with the applicant providing us with a stamped surveyed drawing showing they can meet the requirement. Based on the setbacks for signs it seems the sign would only be 745 feet away. The recommendation would be to continue or amend the application.

Mr. Elder

stated after talking with Ms. Beeman they did notice his site map didn’t show the existing billboard, measuring on the GIS to almost the north property line is 760 feet. The site map is revised with the measurements and he is 10 feet of the property line.

Commissioner Lee

asked if the amended site map was sent to staff.

Ms. Beeman

stated it was sent to her today, and she didn’t accept it, so it would need to be accepted into the record with copies.

Commissioner Lee

stated they would need to accept it and be provided with 20 copies. She asked the applicant if he had that available.

Commissioner Lee

stated they would not be able to accept additional back up. Page 14 of 20 18.

Commissioner Tyler

asked if it would cause undo hardship if they continued it.

Mr. Elder

stated no, that would be fine.

Commissioner Lee

stated continuing it would give staff the time to determine if it could be within an Administrative waiver.

Commissioner Tyler

motioned to continue the items to the April 10, 2019 meeting. Seconded by Commissioner Duryea.

Mr. Osborne

stated this property was rezoned in 2018 the purpose was to start a truck and freight business. The property owner now requests to build warehouses on site and it requires a CUP. Staff is recommending approval of the application. Valerie Martel, applicant.

Commissioner Bennett

asked what will be stored in the warehouses.

Ms. Martel

stated they are in the trucking business and they have a contract with Halliburton, Xerox, and the US Army that will use their freight terminal and warehousing for transiting.

Commissioner Bennett

asked what the square footage is.

Ms. Martel

stated the first phase is 100’ x 110’. They will do phase 1 first then do a second phase if need be and that would also be 100’ x 110’.

Commissioner Lee

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

Ms. Martel

stated yes. Public comment opened and closed with no comments at 7:58 pm.

Commissioner Duryea

motioned to approve CU-2019-000068 subject to the conditions of approval. Seconded by Commissioner Bennett.

Ms. Beeman

stated the MP and ZC do have to do to the BOCC for final action and the RPC will be final action for the CUP and WV. There is adjacent CDA to the North, so we can support that. The ZC is only for the warehouse, wholesaling, and distribution facility which requires the CUP. The agenda blurb states it is for a shooting range but that is a permissive use under CM, if approved. The waiver is for landscape vegetation and there is alternative landscape decorations that are being proposed to used and a waiver to use pavers where code calls out specific asphalt or chip seal. Staff is recommending approval of the applications.

Commissioner Bennett

asked if there are conditions on item D for the artificial landscaping they are proposing.

Ms. Beeman

stated conformance to the plans approved for which the waiver is sought is required. That is item #9. Page 16 of 20

Commissioner Bennett

stated he likes the idea of artificial. But it tends to weather fast and not look well.

Commissioner Lee

asked if there are guidelines in the landscaping ordinance that requires artificial landscaping maintained.

Ms. Beeman

stated not anything specific to artificial.

Mr. Waggoner

stated they can add language that it remains maintained if it is allowed.

Commissioner Duryea

asked if they approve A & B it goes to the BOCC do we need to make C & D conditional on the BOCC approving A & B.

Ms. Beeman

stated yes, she recommends a vote on items individually.

Commissioner Tyler

asked the applicant if they put in 12 manufactured palm trees and if there is a cost difference with the PVC to real palm trees. Eric Gray representing the applicant. The initial cost is $32,000 for artificial and $21,000 for natural trees. The reasons are no water usage and no maintenance, and they have a 10-year warranty. The palm frans are replicable at a cost if they get destroyed.

Commissioner Lee

asked Public Works if the pavers will affect storm control and water runoff.

Mr. Dahl

stated he has no experience with pavers and referred to the applicant. The code does call for asphalt or dust palliative, he believes pavers suffice but the best is asphalt due to minimal maintenance. He isn’t confident the material between the pavers will stay there.

Commissioner Koenig

stated 17.04.740 landscaping standards, under #4 it talks about the number of trees being reduced if 10% of the parking lot is covered with a permeable surface or pavers.

Commissioner Lee

asked the applicant and agent if the permeability of the water thought he pavers for flood control and if this will stay level for ADA parking requirements.

Mr. Gray

explained how the pavers are laid out. They will allow for water drainage to go back to the water table. You are able to remove and replace pavers if they get damaged easily.

Mr. Waggoner

asked if they can be stripped.

Mr. Gray

stated according to the contractor yes.

Commissioner Lee

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

Mr. Gray

stated yes. Public comment opened and closed with no comments at 8:16 pm.

Mr. Dahl

stated he doesn’t have experience with pavers and he isn’t sure if they will have track out or not.

Commissioner Koenig

stated he would like some sort of reassurance that they will not exit on Hwy 160. Page 17 of 20

Mr. Gray

stated he has his word.

Commissioner Bennett

asked about the shooting range if he has talked with the Sheriff or the prison to see if they will work with them.

Mr. Gray

stated yes, he has.

Commissioner Bennett

asked how many lanes they would have.

Mr. Gray

stated initially 10 or 11 lanes. There is enough room for another building that could have an additional 10 or 11.

Commissioner Tyler

stated in the green building standards pavers are an approved parking lot surface due to the recapture of groundwater.

Commissioner Lee

stated Hwy 160 and Bell Vista is a very difficult intersection. If the traffic impact analysis and traffic study come back that there are needed improvements are you prepared to handle those financially.

Mr. Gray

stated yes. Dave Richards, agent stated they understand the intersection and the resolutions will be very expensive and can’t be born by one project. Everyone including the State are looking at the intersection on what to do about it. This applicant can’t be the solution to that if they needed improvements on the highway he doesn’t know what would happen there. They will look at the traffic and traffic mitigation. The traffic impact would be small for this development. The traffic impact on Hwy 160 would be small.

Commissioner Lee

stated she just wanted the applicant to be aware of the substantial requirements that come from the traffic study.

Mr. Gray

stated if they get that much traffic he wouldn’t have a problem contributing.

Commissioner Bennett

asked the applicant if they are self-finance or a backer.

Mr. Gray

stated they have been preapproved with the bank.

Commissioner Lee

asked for clarification on the CUP and WV due to them being conditional on ne a and ZC being approved they wouldn’t go into effect until they are approved by the

Ms. Beeman

stated that is correct and she missed putting that as a condition on the applications.

Commissioner Koenig

stated they could make them conditional until the MP and ZC are approved by the BOCC.

Commissioner Bennett

asked if they should continue C & D to the April meeting.

Commissioner Tyler

motioned to approve MP-2019-000102 with staff’s recommended conditions. Seconded by Commissioner Duryea. Page 18 of 20 20. 21. 22.

Commissioner Lee

stated a recommendation will go forward to the BOCC for approval.

Commissioner Duryea

motioned to approve ZC-2019-000032 subject to conditions of approval. Seconded by Commissioner Bennett.

Commissioner Lee

stated they will forward a recommendation of approval to the BOCC.

Commissioner Tyler

motioned to approve CU-2019-000070 with staff conditions and adding it will become null and void if items A & B are not approved at the BOCC. Seconded by

Commissioner Lee

asked if they want to address a condition of approval to only allow access off Bell Vista.

Commissioner Tyler

stated she didn’t believe that would fall under the CUP but the ZC. Brett Waggoner stated it could be added as a condition of the CUP but doesn’t believe if could be added as a condition of the ZC. It can also be addressed at the Site Development stage as well.

Commissioner Duryea

motioned to approve WV-2019-000093 subject to the conditions and it being contingent on items A & B being approved at the BOCC. Seconded by Commissioner Tyler.

Commissioner Lee

stated we will hear the continued items and asked if Mr. Waggoner wanted to come back regarding changing zonings for Industrial Hemp growing.

Mr. Waggoner

stated it is something that could be looked at. He doesn’t know that a blanket approval would be a fix, agricultural use wouldn’t fit into every industrial, commercial manufacturing zone. With marijuana cultivation it is allowed in those zones they are indoor operations and hemp is an outdoor crop in most cases. He isn’t sure he would support it at this point. It could be approved on a circumstantial basis instead a blanket change in code. It can be added as a discussion item for next month.

Commissioner Curtis

stated she has an article from Idaho that the police would receive money to help buy equipment to distinguish hemp from marijuana and asked if Marijuana and Hemp are that different that they can’t be distinguished.

Mr. Waggoner

stated the plant form isn’t that difficult to distinguish, but when it is harvested and dried it is very hard to determine. Generally, that is done through a laboratory. Hemp is grown in more of a bush than a long stalk like marijuana.