May 12, 2021

Commissioner Carbone

Assessor Parcel Number = Board of County Commissioners = Capital Improvement Plan = Conditional Use Permit = Federal Emergency Management Agency = General Commercial = Manufactured Home = Nye County Code = Nevada Revised Statues = Pahrump Regional Planning District = Public Works = Right-of-Way = Regional Planning Commission = Single-Family Residential = Zone Change are requested to limit comments to items not on the agenda.)

Commissioner Lee

stated she turned in some minor typographical changes to staff.

Commissioner Lee

thanked Commissioner Duryea for his service on the RPC. Brett Waggoner stated they are close on starting OpenGov, user training will start the first of June and they are hoping to get the software launched in July. Commission/Committee/Director Reports: a) BOCC Liaison Report

Commissioner Carbone

stated they continued a Mt. Falls map to the June meeting.

Mr. Waggoner

stated there was a tentative map approved back in 2017 when the RPC had the authority to approve them for PA 8. b) Director’s Report

Mr. Waggoner

stated total planning applications received was 220 which was 35 less than the previous month, total applications processed was 266 which was a increase of 55 from previous month. Since July 1“ there has been 1787 applications received and 265 new code compliance complaints. At this time, the previous FY there was 1450 applications and 242 code cases. Building permits there were 48 SFR which was 15 less than the previous month, 2 more MF, 16 MH which was 16 less than the previous month. Total permits all categories was 208 which is a decrease of 82. And total inspections was 490 which was an increase of 10. Since July 1* there have been 409 SF and 280 MH compared to previous FY at this time there was 262 SF and 246 MH. Code Compliance had 26 new complaints which is 21 less than the previous month and closed 37 which is 21 more than the previous month. Previous items heard by the RPC MP-2021-000016, ZC-2021-000057 and ZC-2021-00058 were heard and recommended for approval at the 3/10/2021 RPC meeting and the items were approved at the 4/20/2021 BOCC meeting. ZC-2020-000054 was heard and recommended for approval at the 4/14/2021 RPC Meeting and will be heard at the 5/18/2021 BOCC meeting. Ex Parte Communications and Conflict of Interest Disclosure Statements Page 2 of 10 None For Possible Action - CU-2021-000113: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit to allow a public recreation area, on property located at 351 W Bunarch Road. Assessor Parcel Number 029-642-19. Nature Health Farms, LLC — Property Owner. Alex de Jong- Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (QM) Qiana Medici reviewed her staff report and stated staff is recommending approval of the application. If approved the applicant will be required to submit a site development plan, meet current development standards and be subject to inspections by Nye County Code Compliance and Animal Control.

Commissioner Curtis

asked the applicant about the parking on the site plan and if it is off site. Alex de Jong stated that it is onsite parking.

Mr. Waggoner

asked what the antique store entails. Mr. de Jong stated it is a personal collection that they display and if someone wants to purchase something they can.

Mr. Waggoner

stated the way this is proposed it isn’t being as a commercial type of business there but a petting zoo, more educational use. If it is more in line of a gift shop trying to raise money but if it is an antique store that would actually be in a general commercial type of area it wouldn’t fit your plan with the zoning you have. Mr. de Jong stated it is to raise money for the farm, but it isn’t an actual antique store. They took the existing garage that had two awnings in the front and the back and they converted them by putting walls up and it will look like a barn to be the display.

Mr. Waggoner

asked if he was aware that if they are creating a commercial building that will potentially have public in it will require building permits, inspections, and other codes. If it was built as a garage it wasn’t built to have public in it so that is something they will have to address.

Commissioner Curtis

stated they mentioned having events, where will they be held. Mr. de Jong stated what is showing on the site plan is only half of the property. They will hold them on the other part of the property.

Mr. Waggoner

asked them to define events. Mr. de Jong stated right now they are just doing birthday parties. Tatiana Malyarov stated the events are more of birthday parties for friends that donate something so they can continue doing this for educational purposes.

Commissioner Lee

asked what the limit is for an event permit.

Mr. Waggoner

stated 1000 people. He is just trying to gauge with the Site Development what this impact will have on roads, etcetera on a day-to-day basis.

Commissioner Curtis

asked if they are presently growing hemp on the parcel now. Mr. de Jong stated no, but they will be in the next month. Page 3 of 10

Commissioner Lee

asked if they have read, understand, and agree to the conditions of approval listed in the staff report. Mr. de Jong stated yes.

Commissioner Curtis

stated there is a condition of approval for an onsite disposal system. Mr. de Jong stated he isn’t aware of that.

Commissioner Lee

stated they will have to install a commercial septic system. Mr. de Jong asked why it is necessary.

Mr. Waggoner

stated there is a residential well and septic on the property. What they are proposing is a commercial use for a residential septic.

Ms. Malyarov

asked if portable restrooms are acceptable.

Mr. Waggoner

stated if the septic system will be used for public use, it will need to be a commercial septic. Mr. de Jong stated right now they are using Joe’s Sanitation for out houses.

Mr. Waggoner

stated he doesn’t know if there is a requirement to provide public restrooms but that could come up and if it is the case, it would not be portable restrooms, it would be flushing toilet restrooms and that will all come through from the Building Department in the review process. If the Building Department says you will need public restrooms that septic will need to be upgraded to a commercial septic,

Commissioner Curtis

asked if he is aware of the water rights? Mr. de Jong stated yes, they already have 3.5-acre feet.

Commissioner Curtis

asked if the establishment is already located in Pahrump.

Mr. Osborne

stated Blackjack is already existing on Hwy 160 and this would be their new warehouse and retail store.

Commissioner Curtis

asked what the required notice to the property owners is.

Mr. Osborne

stated it is 300 feet minimum and 30 separate parcels minimum.

Commissioner Curtis

stated on the North side of Carpenter Road if you look at the aerial photo it shows a designated area with streets for development of homes. Have they been noticed?

Mr. Osborne

stated the notices went out 700 ft to obtain the 30 parcels minimum. So, it doesn’t extend to the subdivision.

Commissioner Curtis

asked why we haven’t sent notices to people at 1500 ft?

Mr. Waggoner

stated because we aren’t required to by statute.

Commissioner Curtis

asked if the properties by carpenter canyon road are outside the notification area.

Mr. Waggoner

stated correct, and it is also noticed in the newspaper.

Commissioner Curtis

stated when she looked at the fire response time to this area it was 15 — 20 minutes. Is there any consideration to extend Kellogg to the highway or consideration to establishing another fire hall?

Mr. Waggoner

stated not with this, but there is a desire to put another fire station on the highway probably by the racetrack area.

Commissioner Tyler

stated this is closer to the fire station on Kellogg and it would be more like 10 minutes. Tyler Mulvey stated the extension of Kellogg Road isn’t on any lists as of yet.

Mr. Waggoner

stated one of the things they have done with the fire work facilities now is that they are all under a CUP and one condition to solve the container storage is that they are required to build a warehouse or a warehousing solution to do that with a timeframe of 2 years to submit and 3 years to construct. So, the applicant is trying to comply with that condition.

Commissioner Lee

stated she did text Fire Chief Scott Lewis and he stated response time from the Kellogg station to the racetrack area is 7 to 8 minutes and it is staffed 24 — 7.

Commissioner Duryea

asked if they have an opposition to moving the warehouse to the back line of the property?

Mr. Richards

stated it would be the warehouse is in support of the retail store that is on the highway, and it needs to be close to that.

Mr. Waggoner

stated in the back up there is a section that is included from the ATF on their requirements. All of the existing companies now have applied for this waiver and are as close as 80 feet.

Commissioner Curtis

stated Blackjack does a lot of online sales and do they anticipate 18 wheelers and are they doing online sales and is that why there is the need for the warehouse.

Mr. Richards

stated they are putting truck docks on the warehouse, but he can’t tell them if they will have that type of traffic. That is just for delivery, they have facilities in several locations around the US and he is sure they have online sales but doesn’t know how they deal with it.

Commissioner Curtis

asked if it is possible to put an earth berm to manage an explosion.

Mr. Richards

stated a berm if you put it 30 — 40 feet in the air, they won’t have this type of explosion.

Commissioner Tyler

stated the residences were there prior to zoning and it seems they want reassurance they will be protected. Is there anything they can do to show some reassurance to the homeowners? Page 6 of 10 10.

Mr. Richards

stated if the applicant wanted to volunteer something they could. What they are providing is adequate, the highway is an adequate separation. Herminia Jones, they do not have online sales everything is done in store and have made sure all fire safety precautions will be followed. She can speak to the owners and go over different schematics.

Commissioner Carbone

asked what the setback from 160 is for the retail store.

Mr. Richards

stated from the road is 75 feet from the road minimum 60 ft, from the property line is required at 25 feet but they are also putting in parking so that is even further than that.

Commissioner Carbone

asked if the people have the right to appeal to the BOCC.

Commissioner Carbone

stated they will appeal this to the BOCC so they need to look for more safety measures for the people to feel comfortable.

Mr. Waggoner

stated according to the site plan the closest point to the road is 104 feet on one corner and a little over 110 feet on the other. This type of facility is the most stringent construction type by construction code by nature of what is being stored there.

Ms. Jones

stated she will talk to Doug and Tim with D & T Imports about every measure they can take to talk to the property owners and show them the schematics down to even the safety codes they have to follow.

Commissioner Lee

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

Commissioner Duryea

recommended tabling this to the next meeting so the owners, Civilwise and property owners can discuss this further.

Ms. Jones

stated that would be fine.

Commissioner Tyler

stated she thinks this is a good start to the review.

Ms. Beeman

stated if they try to meet all the criteria, they will back themselves up against the wall, they need to look at if it promotes the policies of the Master Plan and they know they have oversight and inconsistences which is covered under #2, land use compatibility and the pattern they are looking for in the community in terms of what makes sense. Not everything needs to be commercial zoned and if so, how will it be laid out and if the plan they are laying out show an overall improvement to the plan to the benefit of the community and not just a particular landowner.

Commissioner Lee

clarified that it would be 1, 2 ,4 and 5. She believes those are also the important ones in the Masterplan.

Ms. Beeman

stated the conformity table is what they use to determine if something is a conforming zone change or not. The table was created with the last Masterplan. They have noted some problems with the zoning district that some districts aren’t mapped. Should they be on the books, can they remove some that they haven’t used? Maybe they tried to be too flexible or is it working out from their point of view. On RDA they have a mobile home designation and when they adopted that there was a caveat that it is only appropriate in RDA if we can come up with rural standards for that and they haven’t done that.

Commissioner Lee

stated she agrees with Commissioner Tyler she likes the reduction of the commercial centers. Has there been a benefit of having the extra commercial grouping of commercial zoning districts?

Ms. Beeman

stated no, there hasn’t been very much benefit, they haven’t implemented any of them except maybe Town Center.

Commissioner Duryea

stated some of the gravel pits are in HI what would they be if not HI.

Ms. Beeman

stated some gravel pits actually fit in RH-9.5 with a CUP.

Commissioner Lee

stated she has received comments on Medical and Medical Support from homeowners in the hospital area. Are you looking for recommendations or for comments or things to remove or add? Is there opportunity for additional public comments?

Ms. Beeman

stated yes, this is for discussion and obtain the public comments.

Commissioner Carbone

stated at the Ad-Hoc meetings they wanted the center of town in a specific place but they have already identified it on Calvada and asked Mr. Waggoner if they have removed the Town Center from Calvada to where they want to move it.

Mr. Waggoner

stated no, currently the only town center zoning is on Calvada.

Commissioner Carbone

asked if they plan on making any changes to move it to the highway.

Mr. Waggoner

stated that is why we are looking at this.

Commissioner Tyler

stated one thing they all look for is where can we get development that fits. They don’t have the nice downtown where you can walk from store to store and restaurants.

Ms. Beeman

stated it came with a set of design guidelines that were not adopted but left on as a recommendation if someone did any development and the few that have been developed the guidelines weren’t that helpful.

Mr. Waggoner

stated there has been a discussion of a highway corridor going through town and no waivers of development standards but it didn’t touch on architectural standards but the TC standards did.

Ms. Beeman

stated we have some problem areas and she has provided the maps of the masterplan designations as they are mapped. They have already had discussions on the Special Plan of Development this is where we have had a Development Agreements and they have fallen through even though they are showing as SPD. We need to look at how development the RDA areas are and if they are situation to get some rural development on them.

Commissioner Lee

asked if we will be looking at these designations will they be looking at them in conjunction with utility infrastructure.

Ms. Beeman

stated a lot of the utility companies aren’t very forth coming with that information.

Commissioner Lee

stated if we have zoning districts or development areas that are required as a basis of that masterplan designation to connect into utilities, they need to place it into an area that utilities exist.

Mr. Waggoner

stated a lot of the masterplan designations and zoning that was designated was done to fit what already existed in certain areas as well as some building designation that don’t make sense in certain areas.