November 18, 2020

Commissioner Lee

stated she sent over some minor errors to staff.

Commissioner Turner

stated he lives within a close proximity of item #11.

Commissioner Lee

stated she will be recusing herself from item # 13 A and B she is employed by VEA that is in partnership with Gridliance West LLC in the construction of the project in the item.

Commissioner Lee

asked for clarification that if the RPC decides to move forward with this item then the property owners will be notified.

Mr. Foster

stated that is correct.

Commissioner Lee

asked for an example of what the readdressing would be.

Mr. Foster

stated he proposes is that they start at the intersection of Calvada and Mt. Charleston starting with #1 and measure all the way out to where it ends at 3.971 miles away and increase from that point forward or they can start with 1814 because that is where it falls into sequence it would end up at 1584 by the time they are done, but it is a higher number however the street would then begin higher then when the street ends. The easiest way is to start with 1 and work all the way around.

Commissioner Turner

asked if starting at the Calvada Intersection would make duplicated numbers if the directional was N or S.

Mr. Foster

stated no, there would be no directional at all.

Commissioner Turner

asked if the process of the addresses also include recording on the deeds the new address.

Mr. Foster

stated no, addresses have nothing to do with deeds. When a deed is recorded the Assessor’s office can’t transfer based upon address or APN, only based upon a legal description so addressing with not affect the deeds. Page 3 of 12

Commissioner Blackstock

asked for clarification if the Fire Department has been having issues with the addresses.

Mr. Foster

stated they haven’t contacted them at all.

Commissioner Blackstock

asked if the people having issues with Fed Ex, UPS and possible the postal services are they the same group of people or a selection of people.

Mr. Foster

stated it has been a variety of people throughout the whole road.

Commissioner Turner

asked if the vacant lots would be addressed at this time as well.

Mr. Foster

would like to have this set for a PH on the December RPC meeting. Once the items passes he has to wait 30 additional days and if there is a protest, then the BOCC needs to hear the item.

Commissioner Curtis

asked if no other changes are made on the strip then we would have one residential property with many other commercial developments adjacent to it. What are the plans to change the entire strip from NC to RE-1. It would be a spot zoning right now.

Commissioner Lee

stated it wouldn’t be spot zoning because it conforms to the Master Plan.

Commissioner Curtis

asked if there are any plans to rezone the adjacent properties or do we have to wait for each owner to make that request.

Mr. Waggoner

stated it is handled on a case by case basis. To the rear of the property the adjacent properties are zoned residential.

Commissioner Curtis

asked if an adjacent property owner wanted to develop them commercial then what would happen. Page 4 of 12

Mr. Waggoner

stated it would depend on the circumstances and if it conforms to the zoning then we would have to entertain it. If you look at the general area and to have a whole city block wasn’t in his opinion the proper thing to do and looks at this as a correction.

Commissioner Curtis

asked if the county ever takes actions to rezone parcels to conform to the Master Plan without waiting for the owners.

Mr. Waggoner

stated the BOCC hasn’t had an appetite to blanket change areas because you will always have people in opposition.

Commissioner Lee

stated if this does get approved and does become residential and the adjacent lots to the south remain NC if someone were to come in and develop NC there are requirements in the development standards that offer some protection to the residential property owners. The applicant was not present at the meeting for questions.

Commissioner Blackstock

asked if they will finish the slats of the chain-link at the entrance.

Mrs. Medici

stated the applicants can answer that question. Kurt and Justin Wallin, applicants. They stated the slats in the fence are at 3860 and they are asking the waiver for 3890.

Commissioner Blackstock

stated it is still visually from the street the same units, even though they are different parcels, but screening should be all the business no mater what parcels it is attached to. Will the slats be installed on that portion of the fence?

Mr. Wallin

stated they have no plans to slat that section of fencing.

Commissioner Curtis

asked if there are restrictions on signs that can be placed on those two parcels. Page 5 of 12

Mr. Waggoner

stated there are restrictions on how many signs can be placed on particular properties and spacing. He doesn’t know if the sign has been through any review or approval but there are restrictions and regulations in place.

Mr. Osborne

stated the property is zoned RH-4.5 which doesn’t allow for a racetrack. The open space zoning does with a CUP. The horse racing track has been going on for several years so it isn’t a proposed use. The applicant is trying to come into compliance. We received a letter outlining concerns and should be addressed in the proposed conditions. A Code Enforcement item regarding illegal dumping of construction debris has been happening on the property is conditioned under #14. Hours of operation will only be during daylight hours. Staff is recommending approval of the applications with the 18 listed conditions.

Commissioner Lee

asked if there are current open Code Compliance cases on this property.

Mr. Waggoner

stated it is for wood debris that has been piled on the property that is being used for bedding for the stables. We have been working with him on that but want it conditioned to make sure it is taken care of.

Commissioner Lee

stated the OS has a 50-foot setback from property line. Does the racetrack meet that? Page 6 of 12

Mr. Waggoner

stated the starting gate does not meet that. It currently is in the County ROW and it is added as a condition to relocate the county ROW.

Commissioner Lee

asked if under condition #17 if they fail to follow that does it immediately cancel their CUP and waiver. How is staff anticipating being made aware if any of those regulations aren’t followed?

Mr. Waggoner

stated generally that would be made by a complaint. There is a COVID hotline, part of the reason they haven’t been having events is because of the regulations.

Commissioner Curtis

stated there are discrepancies in the written materials submitted by the owner. One says they have only had their meets once a month on Saturdays and the latest request is for biweekly. Also, the aerial shows they have encroached on the adjoining 40 acres. Do they own the 40 acres or do they have permission to use it?

Commissioner Turner

asked if they have been amicable with Code Compliance have they worked towards fixing the issues.

Mr. Waggoner

stated there have been two complaints, one is the debris piles and they did hire someone to start getting rid of that. In his opinion it isn’t moving fast enough. The other complaint is for the race events in general that is why the items are before you. Guadalupe Munoz, applicant, stated they use the wood shavings inside the stables.

Commissioner Curtis

asked if a part of the racetrack extends onto the adjoining property and do they have permission to use it.

Mr. Munoz

stated yes, it is a friend of his and they let him use it.

Commissioner Curtis

asked how many times they propose to have these races. One letter you indicated a Saturday possibly once a month the second letter says possibly weekly.

Mr. Munoz

stated only once a month, they do have people come work horses on the weekend.

Commissioner Koenig

stated the racetrack extends onto the neighboring property and the problem is that it is zoned wrong and has the same problems his does. If he is going to use that adjoining property they will need to come and get the property rezoned and obtain a CUP for that or they can’t use it. It would be good to fix it now before it comes to the BOCC.

Commissioner Tyler

asked Mr. Munoz if he has read the staff’s recommended conditions and asked if they are able to comply with those?

Mr. Waggoner

stated a good point has been raised, he would recommend adding a condition that either all activity takes place on this parcel that is getting permitted and any adjacent properties they wish to use prior to using them they need to obtain a CUP and Zone Change to permit that use on the property.

Commissioner Lee

asked Mr. Munoz where the proposed parking is going to be.

Mr. Munoz

stated the entry way by Betty.

Commissioner Lee

asked if that would be in the area to the left of the track. Page 7 of 12

Mr. Munoz

stated no it will be off Betty, it is 23 or three acres where they will do the parking.

Commissioner Lee

asked if they added a DC condition that would allow you to put down type two gravel instead of paving?

Mr. Munoz

stated yes, he can do that.

Commissioner Curtis

asked if the entrance is off of Betty.

Commissioner Blackstock

PW comments stated they want 200 ft dedication on Warren. Who takes care of Warren, is it a public street? Who will grade it, the county will be putting out a lot of money to keep it graded with all the traffic? Should that be a condition that they need to keep the road maintained?

Mr. Waggoner

stated he isn’t seeing where site development is required and it should be added as a condition. Should the waiver be granted for the paving, alternate surfaces should be addressed at that point and additional improvements or contributions for the grading on Warren should be addressed as well.

Mr. Osborne

stated condition #8 is for Site Development.

Mr. Dahl

stated with condition #8 it will help them better understand where they will have onsite parking, they don’t allow parking off the site for these activities, and yes the activities going to the property will increase the maintenance requests they get from the neighboring property owners on Warren and Betty. He doesn’t want them out grading the road because they are public ROWs but he hopes the development can contribute in some way. The County will maintain the roads, but it won’t be easy when there is that traffic weekly to this development. The lines on the GIS for Warren seem to have property lines that are skewed. There is some difference of opinion on how they fall according to the files maps. He has had his surveyor go out and find where the property lines are and from his preliminary look it doesn’t look like the NE portion of the racetrack is in the ROW. They are working on verifying that and working with Byron Foster the County mapping administrator and the County Surveyor to change those lines on this map.

Commissioner Koenig

stated there have been several comments about increasing traffic, but this has been going on for years. Making it legal won’t increase the traffic, there will be the same amount of traffic. Page 8 of 12

Commissioner Turner

reviewed the current RH-4.5 current code and their permissive uses and uses with a CUP. When it isn’t a race event he is using it as horse training.

Commissioner Curtis

asked if a grandfathered use applies to this property, and how.

Commissioner Lee

stated grandfathering means legal non-conforming, so it has to be legally operating but just not in conformance with the current code.

Mr. Waggoner

stated that is correct, according to the property owner they have been using the property like this for 12 years. Zoning came into effect in 2004. So in order for it to have been a grandfathered use and conforming it would have to been operating before any zoning. So grandfathering doesn’t apply.

Commissioner Curtis

stated there is a statement that he has been running this operation for 28 – 30 years, is that as a training facility but the track is what came about after zoning.

Mr. Waggoner

stated he isn’t saying it has been running and operating for 28 years he has been in that business for 28 years. They haven’t operated here for 28 years.

Commissioner Duryea

stated he has the same concerns as Commissioner Koenig, if they approve this he still can’t use it because a portion of the race track is still on the adjoining property and still be illegal. It should be sent back to staff before being sent to the BOCC.

Commissioner Tyler

stated they could make that a condition that no other properties could be used unless they comply and still move forward with this item.

Commissioner Lee

stated they can either move forward as is with the condition or send it back to staff.

Commissioner Lee

asked Mr. Munoz if they want to move forward with the decision on the applications or if he wants to discuss with the adjacent property owner and have them come in and apply for the applicable applications to come into compliance.

Mr. Munoz

stated he will talk to the adjacent owner, they rent it from him.

Mrs. Medici

reviewed her staff report the intent is so the applicant can place a new manufactured home and a 2-car garage on the property. The zone change is a conforming zone change and staff is recommending approval of the application. Page 9 of 12

Commissioner Lee

asked for special condition #3 it would better serve the applicant if they reworded the condition to connect to Desert Utilities for their water. Because of the NAC lot size requirement if they are going to put a septic on the property, they have to connect into community water.

Commissioner Koenig

stated if you go north from the subject parcel there are residences on both parcels and they are zoned NC.

Mr. Waggoner

stated those homes have existed prior to zoning being assigned on the parcels.

Commissioner Koenig

stated we may want to consider rezoning it for the people.

Mr. Waggoner

stated that is a good point. The applicant was not present for the meeting.

Commissioner Curtis

asked if a homeowner came in and wanted to do a Home Business would it require a zone change.

Commissioner Lee

stated there are parameters within NCC regarding Home Businesses and discuss with staff.

Commissioner Lee

recused herself from item #13 and turned the meeting over to Commissioner Duryea. 13. a. For Possible Action – CU-2020-000107: Public Hearing, discussion and deliberation on a Conditional Use Permit application to allow for the expansion of the electric substation and a Transmission Line Easement. The site expansion area is located north of E. Gamebird Road on an approximate 15 acre portion of a 364 acre parcel zoned Heavy Industrial (HI) and is addressed as 3421 S. Spring Mountain, Pahrump, NV, further described as a portion of the SE 1/4 of the SW ¼ of Section 34; and the Transmission Line Easement is on an approximate 4.13 acres of land being a portion of the E ½ of the SW ¼ of Section 34, T20S, R54E, M.D. M., Nye County Nevada. Assessor Parcel Number 27-441-11. Spring Mountain Raceway LLC – Property Owner. Richard Evens, Gridliance West, LLC - Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (SO) b. For Possible Action – WV-2020-000122: Public Hearing, discussion and deliberation on an application for Waivers from Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, to waive: 1) the HI height requirement and allow 140-feet maximum structure height for electric transmission, where 40-feet maximum building height is the standard, 2) allow a 10-foot maximum block wall height, where 6-foot height front and 8-foot height for all other yards is the standard, 3) waive the front setback requirement for an opaque fence to 0-feet, 4) waive parking lot configuration, design, parking space numbers and surfacing requirements, 5) waive all landscaping requirements, and 6) waive the dark-sky compliance to the lighting requirements, on Page 10 of 12 an approximate 15 acre portion of a 364 acre parcel zoned Heavy Industrial (HI) and is addressed as 3421 S. Spring Mountain, Pahrump, NV, further described as; further described as a portion of the SE 1/4 of the SW ¼ of Section 34; and the Transmission Line Easement on an approximate 4.13 acres of land being a portion of the E ½ of the SW ¼ of Section 34, T20S, R54E, M.D. M., Nye County Nevada. Assessor Parcel Number 27-441-11. Spring Mountain Raceway LLC – Property Owner. Richard Evans, Gridliance West, LLC - Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (SO) Steve Osborne reviewed his staff report and stated staff is recommending approval of the applications. Staff is recommending removing conditions of approval #6 and #7, Public Works is withdrawing their comments on those two items.

Commissioner Duryea

asked how far-off Highway 160 this is.

Mr. Osborne

stated the existing substation is about 600 feet approximately.

Commissioner Curtis

asked what the reasoning to remove the cul-de-sac turn around was.

Mr. Osborne

stated the applicant is going through site development and stated Public Works can address that better. Tim Dahl Director of Public Works stated the Gamebird entrance into the larger portion of the property is going to be developed in the near future and they have plans to make sure the ability to turn around is going to be accessible. After speaking with the Developer for the major portion of the property they have no need to ask the developer today to have that property dedicated. The same for Chromium has an 80-foot-wide utility and access easement along its entire length. Clay Jensen with Energy Project Solutions representing Gridliance West stated they accept the conditions.

Commissioner Duryea

asked Mr. Jensen if they have read the conditions of approval and understands they are deleting conditions #6 and #7.

Commissioner Duryea

turned the meeting over to Commissioner Lee.

Commissioner Lee

stated the next meeting is December 9th at 6 pm. At the January 13th meeting

Commissioner Lee

would like to have a brief Commissioner workshop to go over the basics for when they sit as the CIP/RPC. Page 11 of 12 Public Comment: