July 10, 2019

Commissioner Koenig

Assessor Parcel Number Building and Safety Business Opportunity Overlay Board of County Commissioners Capital Improvements Plan Conditional Use Permit Commercial Manufacturing District Attorney General Commercial Heavy Industrial Light Industrial Manufactured Home Master Plan Neighborhood Commercial Nye County Code Nevada Revised Statues Pahrump Regional Planning District Public Works Rural Density Residential Right of Way Regional Planning Commission Regional Transportation Commission Single-Family Residential Temporary Use Permit Waiver Zone Change Page 1 of 14

Commissioner DeAnda

nominated Commissioner Lee. Seconded by Commissioner Tyler.

Commissioner DeAnda

nominated Commissioner Duryea. Seconded by Commissioner Curtis.

Commissioner Duryea

nominated Commissioner DeAnda Seconded by Commissioner Curtis.

Commissioner Lee

stated she turned in changes to staff.

Commissioner Tyler

motioned to approve with changes. Seconded by Commissioner DeAnda.

Commissioner Lee

stated Valley Electric will have the 13" annual Fill the bucket school supply drive on August 3" from 9 am to 1 pm and will be outside Albertsons, Walmart, Smiths and lobby at VEA. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — John Koenig None. b. Director’s Report Brett Waggoner stated for the month of June total applications was 166 total, 90 less than last month. Applications processed 112, which is 70 less than last month. Building permits were 31 issues for SFR which is a decrease by 37 from last month. Manufactured Home permits was 28 which is 7 less, total permits issued in all categories was 187 which was 43 less than last month. Total inspections were 615. Code Compliance had 32 new complaints which is an increase of 14 and closed 33. Past items heard by the RPC: Bill 2019-09 proposing to amend NCC Lighting, Bill 2019-10 proposing to amend NCC 17.04.407, Airport overlay for Public Hearing, Area 51 Fireworks’ reconsideration of conditions of approval has been appealed to the BOCC, Marijuana Cultivation facility on Hafen Ranch is appealing the Directors decision on their applications, ZC-2019-000034 from NC to CM onN. Leslie Street; RPC recommended approval to the BOCC, ZC-2019-000035 from NC to CM on Mesquite the RPC recommended approval to the BOCC. All these items will be heard on the July 16" BOCC.

Commissioner Koenig

asked for clarification on the ZC on Mesquite, he didn’t believe the RPC recommended approval.

Mr. Waggoner

stated that is correct, there was no motion.

Commissioner Koenig

stated there were two motions but both failed. Ex Parte Communications and Conflict of Interest Disclosure Statements None SITTING AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE 9. For Possible Action - WORKSHOP - Training and discussion related to Capital Improvements Plan (CIP), history, background, duties, and purpose; and related subject matters. (TD) Tim Dahl, Public Works Director. He asked for comments, requests or concerns the RPC may have with the CIP plan. He will be back before them to orchestrate a priority list of roads they want to improve within the PRPD. We need to look at the Impact Fee code, and the Streets and Highways Capital Improvement Plan. If anyone has any questions, they can stop by his office at any time so he can explain any questions they may have. The CIP impact fees are paid for by developers based on the use and the size of the building. Once the fees are paid, they need to start spending the funds in 5 years and have them spent within 10 years or the developers can ask for it back. We aren’t in jeopardy of losing any or developers asking for any back. You have the last list approved by the BOCC and the previous CIP committee. Some roads have been done since approved in 2013. Page 3 of 14 10. a. Manse Road from Fox to Hafen Ranch, from Homestead to Hafen Ranch and that will come off this list. He will provide them a list with his recommendations based on traffic, classification of road, where development has contributed to the roads, including crash data, school bus routes and complaints will be included.

Commissioner Duryea

stated Wilson and 160 there is a median now, there isn’t a need for a traffic light now.

Mr. Dahl

stated in the future any intersection that has or is being considered for a traffic signal he will recommend a roundabout. That is the best way to get someone safely through an intersection.

Commissioner Duryea

stated the roundabouts are working quite well now.

Mr. Dahl

stated the county, through the impact fees paid the state $450,000 for each intersection that we do have a roundabout. Those shouldn’t be on the list any longer.

Commissioner Curtis

asked for clarification because it states impact fees are only to be used for capital improvements. But further down it says impact fees must not be used to maintain the capital improvements.

Mr. Dahl

stated we aren’t using the funds to restripe a road or put down a fog sealer over them and restripe them or fix pot holes or do overlays, those are temporary fixes to extend the life of the roads.

Commissioner Curtis

asked if a repair fund comes from another source.

Mr. Dahl

stated yes, the RTC and other funding mechanisms help do the maintenance activities.

Commissioner Lee

stated Mr. Lacy is working on updates to the Capital Improvements Plan, do we have a status on that.

Mr. Dahl

stated he would like Mr. Lacy to provide a status, they have spoken about incorporating changes in cost and flood control costs into it as well.

Mr. Waggoner

stated he is working on getting an update on the August meeting agenda.

Commissioner Lee

asked if the NRS has a time frame stating how long we have to get the plan updated or just update as we see fit.

Mr. Dahl

stated he doesn’t have the answer for that. The CIP is through a specific timeframe and we are past that and now it is out of date.

Commissioner Lee

stated it looks like we will have an update on the CIP next month at our next meeting.

Commissioner Duryea

asked what the balance of the account was.

Mr. Dahl

stated around $3 million. Adjourned sitting as the Capital Improvements Advisory Committee. For Possible Action — CU-2019-000080: Public hearing, discussion and deliberation on an application for a Conditional Use Permit to allow a Mobile Food Vending Unit (Dippity Dan’s Hand-Dipped Ice Cream) to be stationary in one location for more than 12 hours per day up to Page 4 of 14 11. seven (7) days per week, located at 291 S. Frontage Road, Assessor Parcel Number 038-234-12. Duke Properties, LLC — Property Owner. Ed Feriance/Golden Knight Delights, LLC dba Dippity Dan’s Hand-Dipped Ice Cream — Applicant. b. For Possible Action — WV-2019-000098: Public hearing, discussion and deliberation on an application for a Waiver to allow a Mobile Food Vending Unit (Dippity Dan’s Hand-Dipped Ice Cream) to (1) operate less than three hundred feet (300') from the entry door of an existing restaurant, and (2) waive the required site development improvements related to; improved parking, landscaping, screening walls and fences on property located at 291 S. Frontage Road, Assessor Parcel Number 038-234-12. Duke Properties, LLC — Property Owner. Ed Feriance/Golden Knight Delights, LLC dba Dippity Dan’s Hand-Dipped Ice Cream — Applicant. (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 stated the applicant has requested to withdraw both items.

Commissioner Tyler

motioned to withdraw CU-2019-000080 and WV-2019-000098. Seconded by Commissioner DeAnda.

Ms. Beeman

reviewed her staff report, she stated the property is situated behind Maverick gas station. They have asked for a CUP for outdoor sales display area and a waiver from NCC for improved parking area only on the back half where the model homes will be displayed. They will have a sales office with paved parking, paved drive aisles, landscaping and go through site development. They are proposing the use of chat for the display area. There is a condition of approval that if there are issues with the chat and any noted violations of dust that would eliminate the waiver. Public Works is asking if the motion is made to approve the application that chat is only used for that area of the display yard. Gerald Schulte, applicant. Mr. Schulte stated he will be bringing a beautiful stucco building from Mountains Edge to this location as his sales center. The chat will be safe for his customers to walk on and he does use the chat at his current location right now and he would like to continue to use it here too.

Commissioner Lee

stated the property is in an AO-1 flood zone, how will you prevent chat run off on to the neighboring property. Page 5 of 14 12.

Mr. Schulte

stated it is fairly level property and with a plot plan they'll design where the water is going, it comes along the sidewalk and curb on Homestead. There is very little back there with what the Maverick has done to divert it. It will be an average of 1.5 to 2 inches thick and will be a light brown color that compacts hard unlike the light gray.

Commissioner Curtis

stated he has 9 parking spaces and asked how many employees he anticipates he will have.

Mr. Schulte

stated there will be 3 employee cars during the day. He sometimes parks in the back as well as the employees of his other company when they come to work on the homes. On average he has 4 or 5 customers a day.

Commissioner Curtis

asked if he thinks it is adequate.

Mr. Schulte

stated yes. He has a neighbor that he doesn’t believe will ever get her swap meet off the ground. He has intentions of purchasing surrounding properties at some point and expand his housing showcase.

Mr. Waggoner

stated as a reminder that this project will still have to go through site development to make sure parking will be adequate to the business.

Mr. Schulte

stated he can add more parking and minimize landscaping, but he already has 100 tons of boulder for the landscaping.

Commissioner Duryea

asked if he has gotten with the utility company for connecting water.

Mr. Schulte

stated yes, it is very expensive. Public comment opened and closed with no comments at 6:38 pm.

Commissioner Turner

motioned to approve CU-2019-000081 and WV-2019-000099 based on staffs findings and subject to conditions as outlined in staff report. Seconded by Commissioner DeAnda.

Commissioner Lee

asked since staff is recommending BO and not the requested CM zone, has it been discussed with the applicant.

Mr. Osborne

stated he has discussed it with one of the applicants and they have no objections to the BO.

Commissioner Duryea

asked for clarification that they aren’t changing to zoning but just doing a BO on the existing zoning.

Mr. Osborne

stated yes, the property currently zoned RH-4.5 and the BO would be applied on top of that. They would still have to recommend going to the overlay to the BOCC.

Commissioner Tyler

asked if the property was to change hands does the overlay designation follow the property or revert to original zoning.

Mr. Osborne

stated the BO would stay with the property, it doesn’t change with ownership. Paul Thomas, applicant stated there is an existing 3000 sq. ft. structure with a rollup door and utilities. They are starting up with a chilled ethanol extraction and will only take up a 1000 sq. ft. of the 3000 and they will then eventually shift to a CO2 extraction.

Commissioner Lee

asked what the shipping traffic is like.

Mr. Thomas

stated it will be negligible.

Commissioner Lee

asked what type of vehicle would be used.

Mr. Thomas

stated they wouldn’t move more than 100 to 500 liters at a time and fit in a sprinter Mercedes vans they have.

Commissioner Lee

asked Mr. Thomas if he has read, understood and agree to the conditions of approval.

Mr. Thomas

asked for clarification on the 40-foot easement. Cody McKee stated the 40-foot dedication is because further north it is the ROW they have and what the full ROW should be the length of Homestead.

Mr. Thomas

asked if it was from the center of the road to the property. He has a full heavy wall and fence and doesn’t want to encroach.

Mr. McKee

stated the center line is further west from the property line, so not exactly center line.

Mr. Waggoner

stated Mr. Osborne used the GIS to measure and it is 40 feet to that block wall.

Mr. McKee

stated it is an aerial measurement and they aren’t using surveyors but a pretty accurate guess. Page 7 of 14 13.

Commissioner Lee

asked if that was clear to the applicant.

Commissioner Duryea

asked if he had a commercial well and commercial water rights.

Commissioner Turner

motioned to recommend approval to the BOCC of MP-2019-000013 and ZC- 2019-000036 for the BO overlay. Seconded by Commissioner Curtis.

Commissioner Duryea

asked if that includes the special conditions of approval.

Commissioner Turner

stated yes and stated he amended his motion.

Commissioner Curtis

amended her second.

Mr. Osborne

reviewed his staff report, this is a conforming zone change. The property is already developed with existing buildings, paved parking and landscaping which was mostly built within the 1980s and 1990. The property owner is asking for a ZC to allow for future uses under the CM zone. Approval of the ZC will bring it into conformance with the current MP and staff is recommending approval subject to the conditions of approval in the staff report. Thomas Maher, owner of the property, stated he doesn’t have a project, but the property is up for sale and wants to make it more attractive for a buyer and the nature of the structures are more applicable to CM.

Commissioner Duryea

stated one of the conditions of approval from PW was another 10 feet of ROW on Charleston Park.

Mr. Maher

stated there is a 10-foot buffer between the road and the fence and asked if this would be another 10 feet.

Mr. McKee

stated it would be another additional 10 feet and be consistent with what they have asked in the past of properties in this area. It would make up the entire 40 feet of the ROW.

Commissioner Lee

asked Mr. Maher if he has read, understood and agree to the conditions of approval.

Mr. Maher

stated yes. Public comment opened and closed at 6:56 pm with no comments. Page 8 of 14 14.

Commissioner Tyler

motioned to recommend approval of ZC-2019-000037 with staff recommendations and special conditions. Seconded by Commissioner DeAnda.

Mr. Osborne

stated this is also a conforming zone change. In 2015, this property was rezoned by the BOCC from the NC zone to the CM zone for a proposed marijuana facility. Since the facility wasn’t operational within the time frame the zoning reverted to the NC zone. In 2018, the property was then rezoned to the CM zone but again since the facility wasn’t operational by the deadline the zoning reverted again to the NC zone. This is the third rezoning to CM. Staff is recommending approval subject to recommendations of approval. Heather Ebneter they are okay with the approvals, they have the approvals from the State, and they are just waiting on this approval.

Commissioner Curtis

asked what the hold up was for them, if it was the state approvals.

Ms. Ebneter

stated that and getting annexed into the utility company.

Commissioner Curtis

asked if that has all been taken care of.

Commissioner Turner

asked if they are on public or private utilities.

Commissioner Lee

stated Pahrump Utilities.

Commissioner Duryea

stated one of the original conditions of the BOCC was to put up a brick wall around the entire property. There is a brick wall along the front and some sides then there is a 6-foot chain link fence. You have a lot of neighbors on the N side that their yards look into the facility, they were promised a brick wall. You keep saying you are going to finish it, but it still isn’t done. He is very much opposed to the ZC.

Mr. Waggoner

stated if they do obtain the ZC they still have to re-apply for the SUPs that would certainly be addressed at that process.

Commissioner Duryea

stated they were here in January or February and said it would be done, and it hasn’t yet.

Commissioner Duryea

motioned to recommend disapproval of ZC-2019-000038 to the BOCC. Seconded by Commissioner DeAnda.

Commissioner Turner

asked for clarification on the completion of the block wall. Even if the ZC is approved they will have to finish the wall to meet the SUPs.

Mr. Waggoner

stated the block wall was part of the approved site development. Without an approved amendment to that site development, yes.

Commissioner Turner

stated for clarification no matter what the ZC says the block wall still has to be completed.

Commissioner Lee

clarified we aren’t speaking about the SUP’s only handling the ZC.

Commissioner Turner

motioned to recommend approval to the BOCC ZC-2019-000038 based upon finding and subject to conditions in the report. Seconded by Commissioner Curtis.

Ms. Beeman

reviewed her staff report, this is a conforming zone change and Master Planned Business Industrial Area, and only is for the top 5 acres of the property located at Blosser Ranch. The property does have a gravel pit located on it as well. LI required 10% of the net lot area must have landscaping off of a 5-acre parcel it could lead to a lot of landscaping. It could be a reasonable request to relieve them of the 10% lot area. Staff still believes the development can meet the landscaping request without getting into substantial water use. PW is asking for 30 feet of ROW along Avenue of the Stars and 40 feet on Blosser Ranch. Under analysis and application details there is on correction to the second sentence that begins with CM zoning should be stricken and not applicable. Page 10 of 14

Commissioner Duryea

stated he doesn’t see the ROW request in the conditions of approval.

Ms. Beeman

stated those will need to be added.

Commissioner Duryea

asked for clarification that was 30 feet on Ave. of the Stars and 40 feet on Blosser Ranch.

Ms. Beeman

stated correct. Jeffrey McPhee, co-owner and director of operations of Hempsun Farms, Rene Morales, property owner, Sean Wilson, Operations Manager for Top Rank Builders.

Mr. Wilson

stated they plan to put up an 8 ft privacy chain link fence around the 5-acre parcel.

Commissioner Lee

asked if this is still an active gravel pit.

Mr. Morales

stated yes, for 20 years.

Commissioner Lee

asked if it will continue to stay an active pit.

Mr. Morales

stated they don’t know yet, they have more options, they would like to dedicate for that facility for the processing plant.

Commissioner Duryea

stated you have a proposed well and asked if they have commercial water rights on the property.

Mr. Morales

stated he has been here for 26 years, and he is familiar with the water rights and he does have quite a few commercial and agriculture water rights. He is the general contractor at the old dairy, they are growing a lot of hemp and there is a need for this facility and wants to keep the revenue in our community.

Mr. McPhee

stated his group consists of generational farms from the North West. Specific to cherries, apples, pears, wine grapes and hops. Cannabis, hemp and hops are in the same genetic family and can graph one on to the other and vice versa. The same processing occurs for hemp as it does for hops. So, the experience in post-harvest biology and biomass extraction has a minimum 40 years on staff and networking in Washington State.

Commissioner Lee

asked if the entrance to the facility would be off Ave. of the Stars?

Commissioner Lee

stated it looks like there is a residential building across the street.

Mr. Morales

stated around 600 to 700 feet.

Commissioner Duryea

stated there is a large berm that goes up the property and a gate opening.

Mr. Morales

stated that is going to change and will move farther towards Mesquite for security purposes. It won’t be in line with the neighbor’s entrance.

Commissioner Turner

asked for clarification, that the gate is further away or closer to the property.

Mr. Morales

stated further away, it will be moved closer to Mesquite. Page 11 of 14

Mr. McPhee

stated the facility has concern about security and smell. The processing of the product once they package it in the field, it will be an oxygen free barrier, they process it in a closed loop system, they have a charcoal filter to help with smell that is produced. They will have 24-hour security at the facilities.

Commissioner Tyler

asked for clarification that they will only be processing on this site, no cultivation.

Mr. McPhee

stated correct, their cultivation will be Blagg and Irene, the old dairy and Pechstein Ranch. They are farming 604 acres this season, planting 555 in total with 3.3 million plants for the season.

Commissioner Turner

asked what the consistency of deliveries will be.

Mr. McPhee

stated peak times Mid-October to Mid-November, weekly and multiple trucks daily.

Commissioner Tyler

asked for clarification that they base harvest times on crops you currently grow in Nevada or based on your knowledge of crops in other places.

Mr. McPhee

stated they see a ripeness in this climate in Mid-October to Mid-November range.

Commissioner Turner

asked if they have a route already for deliveries. Assuming up Mesquite, over to Ave. of the Stars or is there another route.

Mr. McPhee

stated that is the simplest route. Public comment opened at 7:19 pm. William Publow stated he lives across the street. The road is still dirt and there is a lot of dust. Mr. Morales waters the South end into his pit. If he is moving his entrance he will be lined up with his driveway and that is his main concern. He isn’t opposed to this but Ave. of the Stars is a dirt road and doesn’t get any maintenance.

Mr. Morales

stated he is willing to commit to have the entrance anywhere Mr. Publow wants so it won’t interfere with his access. He would also propose doing a double chip seal road on Ave. of the Stars.

Commissioner Turner

asked if the road is a county maintained road.

Mr. McKee

stated there are some ROW dedication issues with APNs 027-41 1-30 and 027-411-31 those would have to dedicate ROW in order to put them in alignment with Ave. of the Stars, currently that is private property. As soon as they dedicate their 30-foot ROW on Ave. of the Stars they would have adequate ROW dedication and would make it a county maintained road if they built it to our standards. The Nye County minimum standard for a road to be dedicated is 3.5” of AC over 10” of compacted Type II, chip seal wouldn’t meet that standard.

Commissioner Lee

asked if the offer of dedication for ROW is accepted but maintenance is rejected and they double layer chip seal then they would be responsible for maintenance of the road until the road is developed to county standards.

Mr. McKee

stated even when dedication is accepted double layer chip seal isn’t an option.

Mr. Waggoner

stated one of the conditions is that it is required to go through site development so it can be addressed at that time. Page 12 of 14 16.

Commissioner Tyler

motioned to recommend approval of ZC-2019-00039 to BOCC and approve WV- 2019-000100 based on staff findings and subject to the conditions of approval. Seconded by

Mr. Waggoner

stated he sent this out to the International Sign Association and received back their comments.

Commissioner Koenig

stated on page 12 where it states to pull mobile signs pulled or attached to a vehicle, can we modify the language to state smaller than 4 x 8 or 3 x 5. He doesn’t want trucks like in Vegas with huge signs that light up at night.

Commissioner Duryea

stated it could say under prohibited: mobile signs pulled or attached to a vehicle larger than 48 sq. ft. and/or illuminated.

Commissioner Turner

asked if there is a requirement that would limit the time it is in circulation.

Commissioner Koenig

stated if it is for a business he doesn’t care, if it is for an election it will go away on election day.

Mr. Waggoner

asked for clarification that they want less than 48 sq. ft. and no illumination what so ever.

Commissioner Turner

asked if reflectors are allowed on signs, is there a section on it.

Mr. Waggoner

stated no there isn’t.

Commissioner Turner

asked if it should be required for corner signs in the sight triangle.

Commissioner Lee

stated on page 10, under paragraph F temporary directional signs, #1 says temporary directional signs pointing people towards a residential subdivision with a TUP, then under #3 it says temporary directional signs for a subdivision under construction can be placed after 5 pm Friday but removed by 7am the next business day. And asked what the difference is.

Mr. Waggoner

stated neither can be placed without a TUP and it is a condition for weekend directional traffic only. Page 13 of 14 17. 18.

Commissioner Lee

stated on 16 and 17 under signs permitted in a commercial zone, they only touch on NC, MU and GC. Do they want to include CM in the ordinance? We have had waivers come up because they want to put signs up in CM.

Mr. Waggoner

stated yes, they did discuss it and they can add that in.

Commissioner Lee

stated on page 20, paragraph K they identify GC, LI and HI for electronic message centers. Do we want to consider CM there as well?

Commissioner Lee

asked if there is anything that gives a penalty to the sign manufacturing companies. Now the business owners and property owners get a notice.

Mr. Waggoner

stated that would be hard to enforce. Our only leverage is on the property owner or business owner. They are responsible to comply, it is a due diligence of the owner before they lease the property. Public comment opened and closed at 7:56 pm with no comments.

Commissioner Tyler

motioned to recommend approval to the BOCC including changes. Seconded by

Commissioner Koenig

stated we need Tim to come with the list of CIP roads so we can review it and suggest changing priority’s or adding roads. Money can’t be spent unless the project is on the list.

Mr. McKee

stated he needs to add clarification to Item #15A, with regards to request for constructing a chip seal road, he used the word variance and they would actually need a waiver which would need to come to this board. The applicant’s discussion with the director would be for his support of that waiver.