June 9, 2021

Commissioner Carbone

Assessor Parcel Number Board of County Commissioners Capital Improvement Plan Conditional Use Permit 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 provided some typographical errors to staff. Public comment opened and closed with no comments at 6:05 pm.

Commissioner Lee

introduced Gina Meredith our new RPC Commissioner and presented a plaque to Tom Duryea for his years on the RPC.

Mr. Waggoner

stated total planning applications received was 190 which was 30 less than the previous month, total applications processed was 161 which was 105 less from previous month. Since July 1* there has been 1977 applications received and 288 new code compliance complaints. Compared to the previous FY at this time there was 1570 applications and 268 code cases. Building permits there were 30 SFR which was 15 less than the previous month, no MF, 31 MH which was 15 more than the previous month. Total permits all categories was 216 which was 8 more than last month. Total inspections was 501 which was an increase of 11. Since July 1* there have been 439 SF and 311 MH compared to previous FY at this time there was 2 SF and 246 MH. Code Compliance had 23 new complaints which is 3 less than the previous month and closed 33 which is 3 less than the previous month. Previously heard items by the RPC: ZC-2020-000054 heard by the RPC on 4/14 and was recommended for approval to the BOCC, they heard it on 5/18 and it was approved. OpenGov software is getting close and possibly a launch by the 1*t week in July.

Commissioner Turner

stated he is recusing himself from item #11 he represents the owner in the real estate transaction. Page 2 of 13 8. 8a & b are continued from the May 12, 2021 RPC meeting: a) b) For Possible Action — CU-2021-000114: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit to allow a Fireworks Warehouse and Retail Facility on property located at 5621 and 5765 S. Nevada Highway 160. Assessor Parcel Numbers 047-021-05 & -

Mr. Waggoner

asked if it will also support both locations. Tim McKoy stated no, it will only eliminate everything at Blackjack fireworks and cut down 2/3 of the containers at Area 51 fireworks.

Mr. Waggoner

asked if the blackjack site will be closed and only operate at the new location.

Mr. Waggoner

asked for clarification that Area 51 would still be a retail store at its current location.

Mr. McKoy

stated that is correct.

Commissioner Curtis

asked if they have included islands in the parking area for landscaping.

Commissioner Lee

stated that would be reviewed when it goes through site development.

Commissioner Curtis

asked for clarification if that can be added as a condition. Page 3 of 13

Commissioner Lee

stated they could be but that is to be addressed by staff.

Commissioner Turner

asked what phase in the development would it solve the 2/3 of the containers at Area 51.

Mr. McKoy

stated at the 1* phase.

Commissioner Turner

asked if the completion of the development would it solve all of the remaining containers.

Mr. McKoy

stated no. But it would eliminate all the containers at Blackjack.

Mr. Waggoner

asked why they would still need the containers at Area 51? The concern over there has been the residential property around it.

Mr. McKoy

stated currently there is no warehouse there at all and they need some type of temporary storage to fill the retail store.

Mr. Waggoner

asked if they have any idea how many containers are out there.

Mr. McKoy

stated 30, they are only occupied for 4 weeks out of the year and then they would be empty. The warehouse would then be utilized.

Mr. Waggoner

stated the warehouse was a CUP condition and that it would be built to alleviate the concern of containers.

Mr. Cianfrocca

stated they expect to transition from Area 51 to Blackjack for that to be the largest of the two and Area 51 to reduce in size and transfer all that to a professional warehouse, but they will still need something there since they will be a small store.

Mr. Waggoner

asked if they owned the containers, and they would have to stay there whether they are empty or not.

Mr. McKoy

stated yes, they own them.

Commissioner Lee

asked the applicant if the store or warehouse will not be 1200 feet to the houses. Jason Cooper with Civilwise Services stated the nearest home to the warehouse would be 1,150 feet and that was confirmed with a survey and the next closest home would be 1,175 ft.

Commissioner Lee

asked if they could verify that there wouldn’t be anything closer than 1200 ft.

Commissioner Tyler

stated the closest structure to the residences is the warehouse. Page 4 of 13

Mr. Cooper

stated the retail store is further South and is approximately 1200 feet from the residences, the warehouse was the largest concern and is only 1,150 ft.

Commissioner Turner

asked for clarification that the public asked for 1,200 ft and the closest is 1,150 feet.

Mr. Crowther

stated their concern was the warehouse.

Commissioner Turner

stated they are asking for 1,200 ft but the building is 1,150 feet. He asked Mr. Crowther if the condition is no closer than 1,150 instead of 1200 if that would be okay?

Mr. Crowther

stated yes. The concern is that it will look like what the drawing shows and the safety and if they build according to the artist rendering everyone should be happy.

Commissioner Turner

asked what side the loading docks are on.

Mr. Cooper

stated the loading docks are on the North side of the building.

Mr. Waggoner

stated he would like more discussion. There are billboards located on the properties and the development standards require billboards be removed and he would like that added as a condition.

Commissioner Lee

asked the applicants if this is amendable.

Commissioner Tyler

and Commissioner Meredith withdrew their motions.

Mr. McKoy

asked where this is coming from to remove billboards

Mr. Waggoner

stated there is a distance requirement between billboards and it would be in conflict with that.

Mr. McKoy

asked for 1 billboard or all of them?

Mr. Waggoner

asked how many are on the properties.

Mr. McKoy

stated 3 and asked if this is part of the sign ordinance.

Mr. Waggoner

stated it is part of the Masterplan.

Mr. McKoy

stated this would only affect 1 billboard, but he doesn’t know what the separation requirement is.

Ms. Beeman

stated it is a policy in the Masterplan and in accordance with NRS we can do it as a condition of approval at a public hearing.

Commissioner Tyler

asked if the billboards on the property are owned by them.

Mr. McKoy

stated yes and asked if there is a time limit once they get an occupancy before they have to come down.

Mr. Waggoner

stated that can be part of the condition. Page 5 of 13

Mr. Cianfrocca

and Mr. McKoy stated they would like to see the Masterplan and look at the distance requirements since this was just brought up to them and how it effects the project.

Commissioner Tyler

asked the applicants if they would like us to hold this item for an additional month before they take any action, so you have time to think about that.

Commissioner Turner

asked if the billboards came with the land.

Mr. McKoy

stated they were already part of the land.

Commissioner Tyler

stated for clarification that they would not be able to advertise their business on any of those billboards. It would have to be something else.

Mr. Waggoner

asked if they are permittee billboards with NDOT.

Mr. McKoy

stated he is sure it is.

Mr. Waggoner

stated there is a highway beautification act that was adopted and went into effect and a sunset period that expired in 2017 for any encroachments near the highway. Per NDOT they need to be back 660 ft so there is an issue there and part of our Masterplan and town beautification. As example Silverton Casino was required as part of the conditions to their CUP for the 7 acres a billboard had to come down. As more things develop along there, they would ask for the same condition. Mr. McKoy can propose a time frame to remove the billboard.

Mr. McKoy

stated he remembers there was someone else that had a 10-year clock to remove their billboard.

Mr. Cianfrocca

stated they are amenable to adhere to the Masterplan any possible way they can, they just weren’t aware of it till now.

Mr. McKoy

asked if the board would consider a 10 year clock on the removal after the occupancy permit?

Commissioner Turner

asked what the completion date is of all phases.

Mr. Cianfrocca

stated the retail store would be May of 2022 and the warehouse between July to October. They are hoping for it to all be done in 3 years.

Mr. McKoy

stated that is only first phase. All phases to be done 7 to 10 years.

Ms. Beeman

stated NCC has minimum separations for multiple different types of signs and for roadways.

Commissioner Turner

asked what the largest separation was.

Ms. Beeman

stated it is 750 feet from billboard to billboard on the same side of the highway, and the shortest is 100 feet from any legal on-premise sign.

Mr. Waggoner

stated the marque for the store will interfere with this billboard. There could be an issue and they could be back there asking for a waiver when they want to put up their new sign if the billboard is still up.

Mr. McKoy

stated it would either be the billboard or the pylon sign. Page 6 of 13

Commissioner Turner

asked if they would be amenable to one year of the building completion or at the time of construction of the pylon sign that the billboard be removed.

Mr. Waggoner

stated before certificate of occupancy.

Mr. McKoy

asked for clarification that it is for the one billboard that is in that area to come down.

Mr. McKoy

stated they will agree to that.

Commissioner Lee

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

Mr. McKoy

stated he has not. Meeting went into recess at 6:59 pm to allow the applicants to read the conditions. Meeting reconvened at 7:07 pm.

Commissioner Lee

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

Mr. McKoy

stated yes. 8a)

Mr. Osborne

reviewed his staff report and stated staff is recommending approval subject to all the conditions.

Commissioner Lee

asked if this property already has an existing tattoo establishment in one of the suites and does the code limit the number that can be on the property or a separation requirement. Page 7 of 13 10.

Mr. Osborne

stated yes there is and no there is no limit or separation requirement. Bryan Wulfenstein, applicant stated he has no additional information. Public comment opened and closed at 7:13 pm with no comment.

Commissioner Lee

asked if they have gotten an encroachment permit from PW to extend the recycled asphalt to the road.

Mr. Boley

stated yes. Public comment opened and closed at 7:21 pm with no comments.

Mr. Waggoner

stated they should have a requirement added for them to go through Category 2 Site Development review.

Commissioner Lee

asked Mr. Boley if he has read, understand and agree to the conditions of approval.

Mr. Boley

stated yes. Page 8 of 13 11.

Commissioner Turner

stated he will be recusing from the item as he represents the owner in the real estate transaction and leaving the room.

Mr. Osborne

reviewed his staff report and stated the applicant is asking to reinstate the previous use, because it has ceased to exist for 6 months or longer per NCC. Staff did receive on additional letter that wasn’t in the back up and asked for it to be accepted.

Commissioner Lee

asked if the portion of the parking lot referenced in the letter is not to be included in parking for the restaurant.

Mr. Osborne

stated that is correct, the parking lot does extend onto the adjacent property though.

Commissioner Lee

asked if there was only one entrance to the applicant’s parcel.

Mr. Osborne

stated there are two entrances one on each parcel.

Commissioner Tyler

asked for clarification that without the use of the second parcel there is sufficient parking for this use?

Mr. Osborne

stated yes, the applicant has calculated their parking based on just this parcel. Joe Aguilar Civilwise Services representing the applicant.

Commissioner Lee

asked if they are proposing to reconfigure the parking to make sure there won’t be any issues or will you be working with the owner,

Mr. Aguilar

stated they will do a survey to find the property lines and Mr. Rubalcaba is willing to beautify the entire parking lot, even for the adjacent parcel with stripping as well. The parking will be only directed to the restaurant, and they don’t see it overflowing to the next lot. However, if adjacent owner chooses to keep his side, they will put up barriers as needed to keep both sides happy. Page 9 of 13 12.

Mr. Aguilar

stated the restaurant will have no gambling and it will be an upscale Mexican restaurant with a sports bar and he will be beautifying the surrounding 9 acres with park benches to let people enjoy the area like it used to be.

Commissioner Lee

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

Mr. Waggoner

asked if they are aware of the duck ponds behind the parcel.

Commissioner Turner

returned to the meeting. For Possible Action — WV-2021-000132: Public Hearing, discussion, and deliberation on an application for Waivers/Exceptions from Chapter 17.04 to allow a front yard setback of less than 25-feet for a front- loading garage located in the Desert Trails Planned Community on property located at 540 W Tomahawk Court. Assessor Parcel Number 043-163-12. Gary Smith - Property Owners. Serenity Homes/Andrew Jordan — Applicant/Agent. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (CB) Cheryl Beeman reviewed her staff report and stated staff is recommending approval of the application. Public comment opened and closed at 7:41 pm with no comments.

Commissioner Lee

asked the property owner if they have read, understood and agree to the conditions of approval in the staff report. Gary Smith property owner stated yes, he has.

Commissioner Carbone

asked if PW has signed off on this. Tyler Mulvey stated yes they have, they have no outstanding issues with it doesn’t effect the ROW, it is still 17 feet away from it.

Commissioner Carbone

asked if the tree overlapping is okay.

Mr. Mulvey

asked the applicant if the tree will be removed for the garage.

Mr. Smith

stated yes. Page 10 of 13 13.

Mr. Mulvey

stated it is a maintenance issue they will most likely have to fix at some point, but he will be removing it.

Ms. Beeman

stated 4 of these Development Agreements have expired and one is included in a Special Plan of Development by a scrivener’s error and one area that was planned and never zoned. In reviewing items, they are looking at location, access, property configuration, surrounding existing and planned land uses and access to public utilities and then make our recommendations and assignment of the appropriate MP designations. a) Gateway, item was not discussed. b) Christensen Record of Survey, item was not discussed. c) Pleasant Valley, There are 218 acres, 5 parcels they will be discussing with 4 property owners. The property is zoned VR-8 and located within a utility service area and those lots that have been through the mapping process and have been developed are on public water and sewer. The FM designates an open space park area that doubles as a detention retention facility. This change may qualify as a minor amendment and staff is recommending two MP designations for the area. High Density Residential (HDR) which conforms with the VR — 8 zoning and Open Space (OS) parks and recreation.

Commissioner Tyler

asked which parcel the OS is being applied to.

Ms. Beeman

stated the large square that comes off the main drag with the VR-8 in the center of it. If the parcel ever goes to auction it is zoned VR-8 so someone could buy it to create to build homes and it was designed as a detention retention basin.

Commissioner Tyler

stated they need to include the parcels with this so it is clear in the motion.

Mr. Waggoner

stated he would like to include there is a water tank and a park in that location.

Commissioner Tyler

asked if the designation will have any effect on the existing (sic).

Ms. Beeman

stated the APNs are 044-901-15, 044-561-27, and 044-561-26.

Commissioner Lee

asked which APN goes with which property.

Ms. Beeman

stated the water tank has its own parcel as well on 044-561-26.

Commissioner Turner

asked if the owners have been notified and any response confirming receipt.

Ms. Beeman

stated this is just a recommendation to the BOCC and at some point, in the future a PHN will go out.

Ms. Beeman

stated it is 447.84 acres and are 2 parcels with one parcel owner. Subject parcel is RE- 1 and not located in a utility service area, it may qualify as a minor amendment. One designation that functions for this area is Rural Density Residential (RDR), it meets the criteria and zoning category.

Commissioner Lee

stated the southern property line along Irene Street appear to be zoned something other than SP, those aren’t part of this?

Ms. Beeman

stated no they aren’t. Public comment opened and closed at 7:57 pm with no comments.

Ms. Beeman

stated this area is located on North Blagg and ™% of this has already gone through the FM stage and has existing lots that haven’t been developed at this time. The parcel at the NW corner is owned separate for the others and is hard zoned GC. Based on the size of the lots and potential residential development the MP designation would be Low Density Residential (LDR). The property is located with a utility service area and those 117 lots have been created. LDR would allow for VR- 10 and that is what these properties are zoned.

Commissioner Turner

asked what the acreage was for the parcels.

Mr. Waggoner

stated 10,000 sq ft.

Commissioner Turner

asked if LDR would stop the creation of any smaller lots than VR-10.

Mr. Waggoner

stated smallest lot size would have to conform to VR-10.

Ms. Beeman

stated with a conforming zone change they could change to VR-20 and SE as well. Staff would also like to recommend Community Development Area (CDA) for the parcel in NW corner along Blagg and Mesquite that has its own parcel number and individually owned. The APN is 035- 661-01.

Commissioner Lee

asked if it is master planned SPD.

Ms. Beeman

stated staff would like to continue items A, B and F to the next RPC meeting within 60 days.

Mr. Waggoner

stated one thing to consider for the discussion topics on the Masterplan there could be a possibility of a special meeting for these items.