December 9, 2020

Commissioner Lee

clarified her statement that the November RPC minutes will be heard at the January 2021 RPC Meeting.

Commissioner Lee

stated this item will be continued to January and they will be able to speak at that time.

Commissioner Lee

stated for item #13 she is employed by the company that has involvement with the transmission lines and will be participating in the item.

Commissioner Curtis

asked what the unique circumstances are existing in this case which justifies the approval of the waivers?

Mr. Osborne

stated there are five findings outlined on page 4 of the staff report. Finding #1 talks about the circumstances.

Commissioner Curtis

asked for clarification that if the waivers weren’t approved the applicant states this would create a hardship and asked if they are receiving an income from these races.

Mr. Waggoner

stated that would be a question for the applicant.

Commissioner Curtis

asked how often the owner proposes to have the races. Page 3 of 13

Mr. Waggoner

stated he would like to add a few additional conditions. One concern is the frequency of the races. The applicant stated at the last meeting and with conversations with Code Enforcement that they would be having two events a month. Staff would like two additional conditions added, one is that they have no more than 2 events a month and there shall be a 14-day waiting period between events. Another concern is Warren street, it is a NC dirt road, and there will be increased traffic, and another condition if this is approved, is that they are to obtain a Site Development and that will be addressed there. They can also add a condition that the applicant is responsible for any maintenance costs outside of what the county has to do normally. Another concern was the unpaved parking waiver, they would like a condition added that the applicant must submit and receive approval for alternate materials and add a condition that the applicant is responsible for all Dust Control in NCC 15.28 at all times.

Commissioner Curtis

asked if there is anyone parking on the side of the roadway.

Mr. Waggoner

stated he doesn’t know if they are but it is not allowed in code. They can’t park in the ROW. Tyler Mulvey, with Public Works stated some of the roads out there are dedicated but none of them are maintained by NC. Maintenance stops from Basin at Warren.

Mr. Waggoner

asked if they put a condition that the property owner is to keep the road in a condition that is passable and keep the dust down would Public Works have an issue with that.

Mr. Mulvey

stated his Director tends to try and not allow property owners to do anything with the roads, even if they aren’t the counties because then it is a liability on them. Tim Dahl, Director of PW, to have anyone from the public maintain any road that is dedicated to the county even though they may be rejected for the maintenance responsibility is not something that we want to allow. Those roads dedicated and rejected are still under the vesting title to the County. They are still County Roads they are just not responsible to maintain them. They can discuss it with the applicant at the Site Development review and the board could ask the applicant to surface treat the road and the parking area. It could be double layer chip seal on the road.

Commissioner Turner

asked who worked on the road previously.

Mr. Dahl

stated it would have been PW. They are bound to ensure emergency vehicles can travel the roads even if they are not theirs to maintain.

Commissioner Turner

asked if it isn’t maintained by NC but it is a county road and the residence can’t maintain it, how does it get maintained.

Mr. Dahl

stated it doesn’t. If it washes out by rain, they will come fix it. They will ensure emergency vehicles and access the roads to get to the homes.

Commissioner Turner

asked if there was a process to place it in private maintained or getting it to public works maintaining it.

Mr. Dahl

stated yes there is a process and 90% of the time when he explains to whomever is asking for it to be an accepted road it has to be brought up to a county standard.

Mr. Waggoner

stated if they wanted to add a condition pertaining to the dust control requirements he suggests adding the condition to state, “the applicant will adhere to NCC 15.28.100 and ensure the parking areas and vacant areas of the lot meet all dust control measure by submitting a complete dust control plan and if the county division of air quality receives 3 verified complaints regarding dust control on the subject property alternative dust control measures will be required. Failure to Page 4 of 13 comply with alternate dust control measure can result in immediate cancellation of the waiver approval”, and a condition stating “Any person subject to the requirements of this regulation shall compile and retain records for the one year to provide evidence of applicable measure application by indicating type of treatment and control measure, extent of coverage and date applied. That person shall also make those records available to Nye County Air Quality Program Administrator or authorized representative upon request.”

Commissioner Lee

stated she is concerned with what will happen when this use goes away and what are they left with and what could come in on the property afterward. If the racetrack leaves the only thing that could be permissive on open space is a Biological, habitat, and nature reserves; Bodies of water or Parks and playgrounds. Anything else would require a CUP.

Mr. Waggoner

stated that is correct. The CUP would go away but any other OS permissive uses would be allowed.

Commissioner Blackstock

asked if the dust restrictions were for the road, racetrack or both.

Mr. Waggoner

stated for both, the entire property.

Commissioner Turner

asked if they chose the ZC to open space because it conforms to the Master Plan.

Mr. Waggoner

stated the least intensive zoning that allows for an animal racetrack is Open Space.

Commissioner Duryea

allow for a residence.

Mr. Waggoner

stated the residence would be considered a grandfathered use, they couldn’t allow any additional after the zone change is approved.

Commissioner Turner

asked if OS allows for a caregiver.

Mr. Waggoner

stated no, it doesn’t allow for any residential structures at all in OS, what is there the day it gets approved would be considered grandfathered. Nothing new from that point forward can be added as far as residential buildings. Guadalupe Munoz, applicant stated he is fine with what everyone has said.

Commissioner Lee

asked if he has read, understands, and agrees to the conditions of approval and the proposed conditions to be added.

Commissioner Turner

asked to clarify the dust code he cited.

Mr. Waggoner

stated NCC 15.28.100.

Commissioner Turner

motioned to recommend approval to the BOCC ZC-2020-000050 based upon findings as shown and subject to conditions stipulated in this report and the added conditions as stated by Mr. Waggoner. Seconded by Commissioner Tyler.

Commissioner Duryea

motioned to deny CU-2020-000106.

Commissioner Lee

stated that goes against staff’s recommendations, so he needs to state his findings.

Commissioner Duryea

stated it is the findings they discussed in the meeting tonight, the letters and phone calls of opposition from the neighbors and the input from PW that it is an incurable defect as far as Warren Road is concerned. Seconded by Commissioner Blackstock.

Commissioner Duryea

motioned to deny WV-2020-000125 based on findings during the meeting tonight, we are having additional dust issues in the County now and we don’t need any more. Seconded by Commissioner Blackstock.

Mr. Osborne

reviewed his staff report and stated staff is recommending approval of the application. Theresa Incopero, applicant stated she has put a lot of work into it, Planning told her what she needed to do for the property and she has complied with all of the requirements. They have been painted, property has been cleaned and there is a new roof.

Commissioner Curtis

motioned to approve the application based upon the findings and subject to the conditions of approval. Seconded by Commissioner Tyler.

Commissioner Curtis

asked the letter indicates that this man has a physical condition and a limited income. Is that something to be considered in the application.

Mr. Waggoner

stated that is a statement by the applicant, there was no proof of that statement provided to show the hardship.

Commissioner Curtis

asked for clarification on the use being done throughout the neighborhood with no complaints, that was in the letter.

Mr. Waggoner

stated they are all VR-20 properties and that is the case they are there illegally as well, it doesn’t mean that it makes it a permissive use it is not allowed in the zoning district. There was a complaint from a neighbor so that is why he is applying for the waiver so he can ask to continue to do that.

Commissioner Blackstock

asked if this type of thing has come up before not particularly in this neighborhood but in the last few years.

Mr. Waggoner

stated no, they have another case in another part of town for the same reason on a VR- 20 property. Page 7 of 13 Micah Wittenborn, applicant stated he doesn’t agree that they are called livestock. He doesn’t consider them livestock. When they moved in he asked the neighbors about the chickens when he moved into the home in March and built his coop. In the noticing area there are 4 flocks of chickens including his and he is the only home with no roosters.

Commissioner Lee

stated under the VR-20 zoning district is half acre suburban residential zoning and doesn’t list keeping of these animals in the district. NCC 17.04.200.14 Prohibited Uses: Any use not listed within a specific zoning district shall not be permitted within such zoning district until such time as a zoning ordinance text amendment has been approved in conformance with article VIII of this chapter.

Commissioner Lee

stated if a use is not permitted in a zoning district they can’t approve it under a waiver, and the only way it can be allowed is with a Text Amendment. The other section of code she needs to reference is 17.04.915.B it states The Planning Commission shall have specific authority to grant waivers and exceptions; however, any action that has in effect changed the entire land use district of this chapter shall be deemed a violation of the Planning Commission's power and this chapter and be of no force and effect, However the Planning Commission may recommend to the BOCC that an amendment to this chapter be considered. The way she understands those two sections of NCC they can not allow this use by waiver because it isn’t identified as a use in this zoning district and they don’t have the authority to grant a waiver for a use that would change the zoning of the property. Michelle Nelson, DDA, agrees that it is what the codes says. If you are looking for a more in-depth legal analysis she would have to look further into the code to see if there are any additional factors to consider. Marla Zlotek, DDA stated she agrees with Attorney Nelson. This was addressed several years ago regarding the exact two sections of code and she agreed with the conclusion you cannot take the action through a waiver.

Mr. Wittenborn

asked what his next step would be. He is used to being able to have a sustainable lifestyle. He purchased his house over the phone and online it says he can have chickens in Pahrump and stated he will not get rid of his chickens.

Commissioner Lee

asked Mr. Wittenborn if before he moved to Pahrump he contacted the Planning Department to see if you could have chickens at the location. Page 8 of 13

Mr. Wittenborn

stated no, he went online and asked general questions about Pahrump like economy, working, cost of living and if livestock was allowed. It said livestock was allowed in certain areas, so he asked if chickens were allowed and it said nothing about it. He doesn’t know where he found it.

Commissioner Lee

stated if this is denied you have the option to file an appeal with the BOCC, Planning staff can help with that.

Commissioner Turner

asked if were agreed upon by all neighbors is there an acceptable zone change for the block.

Commissioner Lee

stated the closest zoning district you would need is a RE-1 zoning district and it would have to be minimum 1 acre lot sizes and conforming to the masterplan.

Commissioner Curtis

asked if this was appealed to the BOCC what does the applicant expect at that time.

Ms. Zlotek

stated if it does go to the BOCC they would be able to modify, uphold or reverse the decision of the RPC to see if there was substantial reason to support the decision.

Mr. Waggoner

read the current NCC definition of livestock.

Mr. Wittenborn

stated he agrees with that, but chickens live in people’s homes and shouldn’t be considered livestock like horses or cows. He asked for clarification that he has to go back to the BOCC.

Commissioner Lee

stated he has to go to the Planning Department to file an appeal and it would be agenized to the BOCC.

Commissioner Turner

motioned to deny the WV-2020-000124 based on findings. Seconded by

Commissioner Curtis

asked if it was necessary to use the entrance off of Alfalfa and not the highway when you bring in homes? Page 9 of 13

Mr. Sheptson

stated at present the way the lot is designed for the manufactured home already has curbs and sidewalks that they would have to go over and possibly tear up as well.

Mr. Waggoner

stated he wouldn’t disagree that there wouldn’t be a lot of room to maneuver in and out but one thing they would require with the block wall or any fence is a fire apparatus would be able to do the same thing they do require that they gate that access off and it would be brought up at Site Development that a gate would be installed so public couldn’t access the area. In the case of an emergency they could go through the gate for emergency purposes.

Commissioner Lee

asked if the block wall required and needed for screening.

Mr. Waggoner

stated yes that is correct, it is a development standard because it is up against the residential area of Alfalfa.

Commissioner Lee

asked if there was an alternate to the block wall that resembled opaque screening that would be acceptable.

Mr. Waggoner

stated the code as it is written today specifically states a chain link fence with privacy slats does not meet that requirement.

Mr. Dahl

stated the only reason they did the access from the highway for these Commercial developments along the corridor is to separate the commercial development from the residential development. Alfalfa is 60 ft wide easement and that portion unlike other portions of Alfalfa is asphalt. There is also a lot more pavement to turn in on the highway and the pavement is thicker than on Alfalfa. If he had his preference, he would see them come in on SR 160 over them coming in on Alfalfa.

Mr. Shepston

stated if they are required to redevelop the entire front facing of the property to meet that need it would destroy the marketability of the lot for the manufactured homes. They plan on using the front of the property to advertise one of the homes.

Commissioner Blackstock

asked Mr. Waggoner what type of gate is at the fireworks store.

Mr. Waggoner

stated the gates are wrought iron gates, what is typically crash gates are made of. The other properties around the area have wrought iron gates all along Alfalfa.

Mr. Shepston

stated there are only two properties that have wrought iron gates and block walls on the same property. The property next door does have a chain link fence. There is no consistent way things have been handled.

Mr. Waggoner

stated there is, they have to go by the development standards that are in the code, regardless of what has been done in the past. He will go with what is written in the code and that is why we are here with a waiver application.

Commissioner Lee

stated they have to review his application with the codes that are in effect at this time and there is always the possibility that something could change in 3 years or 3 months. There are development standards that require block walls and public works standards that require asphalt to tie in to County streets.

Mr. Sheptson

asked when this code was put into place.

Mr. Waggoner

stated he couldn’t tell him specifically but zoning was adopted in 2004. He doesn’t know how it was approved in the past. Page 10 of 13

Commissioner Lee

stated they have to make their decision on findings of fact and those have to do with all land use and codes in place. It has no bearing on what is approved on adjacent properties or down the street, unfortunately.

Commissioner Curtis

asked for clarification that privacy slats are not presently approved, can’t we change something in the code to allow the slats.

Mr. Waggoner

stated you could, but this isn’t the time or place for that, that is something that would go through the correct process to do that.

Commissioner Curtis

asked what is allowable to be a screening on chain link fences.

Mr. Waggoner

stated Commercial properties that abut residential properties says chain link with slats is not considered opaque fencing.

Commissioner Strickland

stated in the past they have gone with the recommendations with staff in these instances and then asked the applicant to come forward with a waiver in regard to the fencing. They have had several approvals withing this zones that have residential lots and the waiver of fencing as long as it is opaque fencing is approved.

Commissioner Lee

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

Mr. Sheptson

stated yes, and he will go to the BOCC with his disagreements.

Commissioner Tyler

motioned to approve WV-2020-000126 with staffs suggested conditions of approval. Seconded by Commissioner Turner.

Mr. Osborne

reviewed his staff report stating this is a conforming zone change, which conforms to the master plan. The intent is to make this a public shooting range. The other item is a reconsideration of conditions to change one of the conditions of approval that limits it to the Sherriff and only apply that condition to the 9.744 acre portion. That one portion would be restricted to the Sheriff’s office and other law enforcement personnel. Staff is recommending approval of both items.

Commissioner Turner

asked if this is something that is found in other shooting ranges or other towns. Is it common to have a designated section for law enforcement only? Lorina Dellinger, Assistant County Manager stated they have had conversation with other shooting ranges and Mesquite has a combo shooting range with law enforcement and public. The law enforcement area has been designated for public safety and not open to the public.

Commissioner Curtis

stated her concern is the insurance cost that would be required by the utility company to pay for any damages. Has this been researched?

Mrs. Dellinger

stated the facility is already on the Nevada Public Agency Insurance Pool and they have already been in contact with the insurance agent to inform them they are wanting to open it for public use, and as long as they meet the industry standards that they will have a certified range officer that is on the range during the course of time the range will be open they are in compliance and the property will be covered.

Commissioner Curtis

asked if that covered the damages to the utilities in the area.

Mrs. Dellinger

stated yes, that is correct.

Mr. Waggoner

stated they are being taken into account at the design stage to mitigate any damage to that.

Mrs. Dellinger

stated safety is priority when they are discussing design and build of the shooting range. VEA is priority when they were having discussions.

Commissioner Strickland

stated they have taken great care into the thought process of the design and will not state they are experts but this will allow them to take it to the BOCC to hire a design build that is specialized in this field. Page 12 of 13 Public comment closed at 8:40 pm.

Commissioner Tyler

motioned to approve RC-2020-000006 with approved conditions. Seconded by Commissioner Turner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Beth Lee, Carol Curtis, Leah DeAnda, Pamela Tyler, Tom Duryea, Walt Turner. Excused: Robert Blackstock.

Commissioner Tyler

motioned to recommend approval of ZC-2020-000049. Seconded by

Commissioner Lee

stated the next meeting January 13th, 2021 at 6 pm and she would like to have a Commissioner workshop to go over CIP duties. Director Dahl will be there to go over questions about the CIP.