July 14, 2021

Commissioner Lee

stated she submitted some minor typographical errors to staff.

Commissioner Lee

stated VEA will hold their 15th annual fill the bucket school supply drive August 14th from 8am to 12pm in front of Smiths, Walmart and Albertsons and will be accepting donations in their lobby through 4 pm Friday August 13th.

Mr. Waggoner

stated total planning applications received was 229 which was an increase of 39 than the previous month, total applications processed was 163 which was 2 more than previous month. Since July 1, 2020 there has been 2206 applications received and 340 new code compliance complaints. Compared to the previous FY at this time there was 1977 applications and 288 code cases for the same period in 2019 - 2020. Building permits there were 47 SFR which was 17 more than the previous month, no MF, 20 MH which was 11 less than the previous month. Total permits all categories was 217 which was 1 more than last month. Total inspections was 501 which was a decrease of over last month. Since July 1, 2020 there have been 489 SF and 331 MH compared to previous FY at this time there was 301 SF and 300 MH last year. Code Compliance had 52 new complaints which is 29 more than the previous month and closed 32 which is 1 less than the previous month. Previous items heard ZC-2021-0000061 was heard by the RPC on 6/9/2021 and recommended to approval. The application has been withdrawn by the applicant because they don’t want to go through site development. OpenGov software will go live on August 2 and will allow all online submittals and that will be all Planning, PW and Building and Safety applications and the Clerk’s office will do marriage licenses and Town of Pahrump business licensing. Maps will still require a hard copy for the State due to NRS.

Commissioner Lee

remined the Commissioners will need to disclose any conflicts at the beginning of each item.

Commissioner Blackstock

asked how many facilities are like this in Pahrump now.

Mr. Mirando

stated Inspirations is the only Commercial Assisted Living facility in Pahrump, it is assisted living and memory care theirs will be just assisted living and no memory care for dementia or Alzheimer’s.

Commissioner Lee

stated there is VN Senior Care.

Mr. Mirando

stated they are small residential care homes and VA homes.

Commissioner Carbone

asked how many employees there will be.

Mr. Mirando

stated at max capacity somewhere in the 50 – 60 range, 65 max, with 24-hour care.

Commissioner Carbone

asked if they will have adequate parking for them?

Mr. Mirando

stated most residents won’t be driving anywhere and they will have transportation for them.

Commissioner Lee

asked what the building height will be. Don Careon representing Distinctive Contractors, maximum height is 35 feet and that is what they are targeting for.

Commissioner Lee

stated on the site plan where are they parking their fleet if they are providing transportation?

Mr. Mirando

stated there will be no fleet just one bus for 14 – 16 people.

Commissioner Lee

asked if it would fit in a standard parking space.

Mr. Mirando

stated yes and doesn’t require a CDL either.

Commissioner Tyler

asked if there are elevations for the building.

Mr. Careon

stated they don’t have them on hand, but it has been done. They do have perspectives though that they can show them.

Commissioner Lee

asked if they have done their needs assessment yet.

Mr. Mirando

stated yes they already know it is going to be more than needed in this area. This one will adapt with the growth for Pahrump in the next few years.

Commissioner Meredith

asked for clarification when he stated bus, will they be seeing ambulances in and out of the facility or did he mean the facility will have a bus to go to the store etcetera.

Mr. Mirando

stated the later. Page 4 of 16

Commissioner Meredith

asked if they will be taking patients from the hospital.

Mr. Mirando

stated only if they are being discharged straight from the hospital to the facility.

Commissioner Meredith

asked if they had to be ambulatory?

Mr. Mirando

stated yes unless they are on hospice then they can be bedbound then they file waivers with the State for each one of those. The bus will be designed for doctors’ visits and fun excursions.

Commissioner Lee

asked if they have started the discussion with Great Basin Water Company for tying in with them.

Mr. Mirando

stated he hasn’t that would be on the architects’ side, he handles the licensing, building policies and procedures.

Commissioner Lee

asked for clarification on the statement in the justification letter that the facility will be compatible with adjacent properties. Three of them are vacant.

Mr. Mirando

stated that was meant for the color scheme will flow with the vicinity to blend in and use desert landscaping.

Commissioner Lee

asked how their Medicaid private pay mix will be and the plans to sustain operations since they don’t really pay much.

Mr. Mirando

they are looking at probably no more than 40 – 50 % Medicaid so private pay can subsidize the Medicaid.

Commissioner Carbone

asked the applicant if they have the data to support that they can operate sufficiently.

Mr. Mirando

stated you build with the future in mind, not with what the current population is. It will be needed; they are going for a slightly different demographics and price point than Inspirations is. Meaning people who can’t afford Inspirations or other group homes, those with government subsidies.

Commissioner Lee

stated her concern is after the 2010 census came out they have a large senior demographics. There were many inquiries for these facilities based on that data, and none of them ever built.

Commissioner Turner

asked if this will be built in phases. Page 5 of 16

Mr. Mirando

stated it will be completely built but it is being built to graduate over time. They’d start with the first floor and phase up as they grow.

Commissioner Turner

asked if any of the programs they are getting funding from are limited finances and when it is spent it is gone or does it continually fund for years and years.

Mr. Mirando

stated the VA is unlimited funding and has no cap for that. The Aging Disability they have spoken to them to see if they had interest for the option out here and they are very interested in having a social worker come out here and help. He is unaware of any place in Pahrump that takes Medicaid other than Pahrump Valley Rehab and they aren’t the same business model.

Commissioner Curtis

asked if they have any part of the facility allocated for Alzheimer’s care.

Mr. Mirando

stated not at this time. If there is a need for it, it could be a phase they could talk about. Right now it is the assisted living because that is the need an volume. The current group homes and Inspirations are meeting the needs with the memory care.

Commissioner Turner

asked if they plan on approaching any of the organization and grants that provide funding for such?

Mr. Mirando

stated yes, in the shorter longer-term plans. This one will be built to open and run they have every intent to run full steam on this.

Commissioner Lee

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

Mr. Waggoner

asked for clarification on what the timeline is to start moving on the project.

Mr. Mirando

stated typically it is a 9 – 10-month process working with all the Town and State.

Mr. Waggoner

asked if they were wanting to get started on the project immediately.

Commissioner Turner

asked if the CUPs have an expiration if they aren’t utilized.

Commissioner Lee

stated she doesn’t see one, but one can be set as a condition of approval.

Commissioner Tyler

stated condition #9 addresses that.

Commissioner Lee

stated if they don’t pull permits or start construction then that wouldn’t address it.

Mr. Waggoner

stated that is correct, if nothing is started there is no expiration date here, and there should be something added. His recommendation is SD submitted and approved within 12 months of this approval date.

Commissioner Lee

asked if the existing church has a CUP.

Mr. Osborne

stated no because the parcel is zoned NC and it is a permissive use.

Commissioner Lee

asked if it is on a septic and if the current septic is large enough to service the church.

Mr. Aguilar

stated yes and it is sufficient to service it.

Mr. Waggoner

asked if the system is currently an OSDS.

Commissioner Lee

asked the applicant if they have read, understand and agree to the conditions of approval in the staff report.

Mr. Osborne

stated under Condition #4 it says they must obtain SD, but there is no time frame. They are recommending for #4 obtain SD plan recommend a time frame 12 to obtain approval.

Commissioner Lee

asked the applicant if that is amenable.

Commissioner Carbone

asked why we aren’t rezoning the properties and combining them.

Mr. Waggoner

stated potentially with the merger re-sub it could potentially apply the zoning to both. It wasn’t presented as such and the merger re-sub came later. As it was proposed they are two different SD and the new project would need a well and septic.

Commissioner Tyler

stated it may have been simpler but by expanding the commercial well and septic you would be incurring a lot more costs for the applicant. Page 7 of 16

Commissioner Meredith

motioned to approve the CUP based on findings and subject to the conditions of approval as stated in the staff report.

Commissioner Lee

asked if she would like to add the condition of approval recommended by staff.

Commissioner Meredith

stated yes and asked staff for the verbiage.

Mr. Osborne

stated to amend Condition of approval #4 by adding the applicant must obtain an approved SD within 12 months of the approval of the CUP and construction to start within in 24 months of approval of the CUP.

Commissioner Tyler

seconded the motion.

Commissioner Meredith

disclosed for item #10 she knows Mr. Rankin and that she will be participating in the item.

Ms. Beeman

stated the justification letter in the back up is missing the second page and asked the board to accept the additional back up.

Ms. Beeman

reviewed her staff report stating previous use was a restaurant, tavern and motel and was subject to a SD review in 2006 the convalescent care facility is a less intensive use then the prior use and the Planning Department is not recommending a SD for this project at this time. The structures are considered to be grandfathered uses, and staff is recommending approval of the application.

Commissioner Curtis

asked if the property were to continue as the present use although it has been vacant can they still do it today without any rezoning.

Ms. Beeman

stated it isn’t grandfathered but with the zoning the hotel would need a CUP and the tavern and restaurant would be permitted uses.

Commissioner Turner

asked if the property was sold and someone wanted to use it again as a tavern would the CUP interfere with that.

Mr. Waggoner

stated yes, it wouldn’t be operating as a tavern with this CUP. Once the use ceases it would need to be permitted for a tavern. It would be a permitted use for a tavern and the CUP would go away. Page 8 of 16 Doug Rankin representing the owner. They will be doing TI’s to comply with the ADA and other state and federal requirements to operate a convalescent facility. They will be operating for drug and alcohol treatments. The current tenant has been operating in LV since 2018 and their main contract is with the VA and the VA has asked them to expand into Pahrump. They will be converting the tavern/restaurant area into training rooms, counseling rooms and offices and they will be keeping the kitchen because they will provide onsite meals for their patients. Average time for patients onsite is 30 days, they will provide educational training life skills including employment. They have 24/7 staff and will have security and cameras onsite. They require 22 parking spaces and there are 34 onsite.

Commissioner Lee

asked for clarification on where they will eat.

Mr. Rankin

stated there is a community dining room onsite.

Commissioner Carbone

stated during the ADA design are there any new policies that have come about that would cause issues with the new building.

Mr. Waggoner

stated the main one would be the change of occupancy or ownership it will go through a fire and life safety plan review and be in compliance with the code.

Mr. Rankin

stated it was converted in 2005 and he isn’t sure there are sprinklers, but they are required under state and federal law to have sprinklers in the residential section.

Commissioner Curtis

asked if the persons enrolled will be able to come and go with their own vehicles.

Mr. Rankin

stated they will not have their own vehicles there will be transportation provided and a 9 pm to 6 am curfew. The goal is to integrate them back into the community. They are allowed to come and go and should be seeking employment or already have employment.

Commissioner Curtis

asked if they will have a nurse onsite.

Mr. Rankin

stated they are staffed 24/7 and staff that can address the concerns with drugs and alcohol.

Commissioner Curtis

asked if there will be emergency transportation to and from the hospital.

Mr. Rankin

stated they will utilize 911 to do so. There is a small transportation bus for non-emergency if they need it.

Commissioner Curtis

asked what happens after the 30 days.

Mr. Rankin

stated they return to their homes where they continue their care and come in for a weekly follow up as they continue their recovery.

Commissioner Meredith

asked if they are considered inpatient or outpatient.

Mr. Rankin

stated in a convalescent care facility while they are there they are considered inpatient but have the ability to come and go in order to integrate into society.

Commissioner Meredith

asked if they are in charge of their own medications.

Mr. Rankin

stated no all medication is dispensed by the Counseling group.

Commissioner Carbone

asked if this is through the VA Drug Court process? Page 9 of 16

Mr. Rankin

stated some are but not all. Some are referred from the VA who aren’t in the court system who have been referred to them for treatment.

Commissioner Lee

asked if this is specifically for VA clientele.

Mr. Rankin

stated that is their contract currently, but if someone needed care and they had an opening he is sure they would take someone from the Pahrump valley on an individual basis.

Commissioner Lee

asked if they are under a purchase agreement.

Mr. Rankin

stated they are, Camino Verde Group is the purchaser it is all contingent on the approval of the CUP.

Commissioner Turner

asked when they plan to open.

Mr. Rankin

stated they don’t have a date to open yet. They agree to open within 12 months and to all the conditions.

Commissioner Turner

asked Mr. Waggoner if Condition #2 is sufficient with the timelines.

Mr. Rankin

stated they will need TI’s for the ADA requirements and they will need more time than 30 days and can’t get a BL.

Commissioner DeAnda

stated she has a member of household employed by the applicant. She will be recusing herself from the item and leaving room. 11. a. For Possible Action – MP-2021-000018: Public Hearing, discussion, and deliberation on an application for a (Minor) Master Plan Amendment to change approximately 2.10 acres from Rural Density Residential (RDR) to Business Industrial Area (BIA) to allow a vehicle towing/impound/storage yard for Big Valley Towing on property located at 2500 and 2540 E. Basin Avenue. Assessor Parcel Numbers 035-264-08 and -09. Chrismor Investments, LLC – Property Owner. Rene Morales – Applicant/Agent. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for August 17, 2021, or as otherwise announced.) (SO) b. For Possible Action – ZC-2021-000062: Public Hearing, discussion, and deliberation on an application for a Zone Change to change approximately 2.10 acres from Neighborhood Commercial (NC) to Light Industrial (LI) to allow a vehicle towing/impound/storage yard for Big Valley Towing on property located at 2500 and 2540 E. Basin Avenue. Assessor Page 10 of 16 Parcel Numbers 035-264-08 and -09. Chrismor Investments, LLC – Property Owner. Rene Morales – Applicant/Agent. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for August 17, 2021, or as otherwise announced.) (SO) c. For Possible Action – CU-2021-000112: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit to allow a vehicle towing/impound/storage yard for Big Valley Towing on property located at 2500 and 2540 E. Basin Avenue. Assessor Parcel Numbers 035-264-08 and -09. Chrismor Investments, LLC – Property Owner. Rene Morales – 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.) (SO) Steve Osborne reviewed his staff report the applications are for the purpose of a vehicle tow yard, where the vehicles will be impounded for a short period of time they will not be used for salvage or repairs. If the MP and ZC are approved, then the LI zoning district allows for a vehicle tow yard with a CUP and stated staff is recommending approval based on the findings and subject to the conditions of the application.

Commissioner Lee

asked for clarification on Condition #8. Does the chain link with slats conflict with portions of NCC?

Mr. Osborne

stated NCC 17.04.700, for a junk yard a 6 ft fence that could be chain link with slats. But this isn’t a junk yard, but a tow yard.

Mr. Waggoner

stated the previous applications and the code references when there is a commercial use that abuts a residential use and that doesn’t apply there.

Commissioner Turner

stated the MP is RDA. Cheryl Beeman stated 17.04.760 F.1 states a chain link fence with slats shall constitute acceptable screening for this type of project.

Commissioner Curtis

asked if they are considered wrecked if they are being towed.

Commissioner Lee

stated they could be vehicles that are pulled over and are not able to be driven home or if they are abandoned on the side of the road. Jose Norena operations manager for Big Valley Towing, stated they have been urged by NHP to offer three phases of towing. Light duty being light cars and trucks, medium duty which is your motorhomes and box trucks and heavy duty which is semi-trucks and construction vehicles.

Commissioner Turner

asked if they go as far as Tonopah and Goldfield areas.

Commissioner Meredith

asked when they proposed to have the property cleaned up before they open the yard. Rene Morales, property owner stated they would like a condition to have it cleaned up. They have a tenant that has been there for a couple years, and he refuses to move, and it would be a good condition to have and stated it would be done as soon as they give him the approval.

Commissioner Turner

asked if there will be an onsite office for someone to pick up the vehicles. Page 11 of 16

Mr. Norena

stated there will be an on-site office available during the day Monday through Friday 8 am to 5pm and after hours there is a number to call, and an employee will meet them to get their vehicle.

Commissioner Turner

asked about security.

Mr. Norena

stated there will be cameras, lighting and adequate fencing.

Commissioner Lee

asked Mr. Waggoner if there are any open code compliance cases on the property currently.

Mr. Waggoner

stated no, but there should be.

Commissioner Carbone

asked if this is a second yard they are putting together.

Mr. Norena

stated this is the first yard in Nye County and the second yard in Southern Nevada.

Commissioner Turner

asked staff what the appropriate time frame would be to give them to have the property cleaned.

Mr. Waggoner

stated Mr. Morales stated they do have a tenant there. Probably 90 days would be acceptable.

Commissioner Turner

asked the applicant if 90 days would be amenable to get the property cleaned up.

Commissioner Lee

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

Mr. Morales

stated yes. Item A and B

Commissioner DeAnda

returned to the meeting.

Ms. Beeman

stated they had previously spoke about the Desert Trails community and once they started looking at the area it wasn’t a MP issue but the lack of zoning and they have had a meeting with Mr. Harris to discuss that and they will probably be bringing that back up in the future to place the proper zoning on the area. So it isn’t appropriate to include here.

Commissioner Lee

asked if there is any action that needs to be taken on the item because it was continued from the last meeting, or is staff’s statement sufficient? Michelle Nelson, Deputy District Attorney stated staff’s statement is sufficient.

Ms. Beeman

stated they are looking at the areas where DA’s have expired like the Gateway DA the Christenson Record of Survey which was inadvertently placed in the SPD that never should have been. They will be reviewing the location access, property configuration, the surrounding plans and zoning, access to public utility systems and using findings that they established at their prior meeting to base recommendations on. Starting with the Christensen Record of Survey, all but two parcels were added into the SPD and are zoned GC and planned CDA and not part of this discussion tonight. a) Gateway,

Ms. Beeman

stated there is no recommendation and staff has provided 4 options for the board to recommend. They can also opt to provide their own recommendations. There are no utilities to the area at this time. Option #2 if they do open space/parks and recreation will force the applicant to come to them with their plan of development. They went with BIA on Option 2 to the South because of the LI properties already mapped there. They know there is the Community College there and may need student housing. They aren’t sure if the community wants to see a master planned community on the fan. The parcels along the highway would probably be appropriate for CDA. There are a lot of factors to think about, tax dollars, utilities and what we want for the future.

Commissioner Turner

suggested that we carry this over to the next meeting with guidelines on what they can and can’t do when looking at this. This gives them the option to reach out to others that may have experience on this.

Ms. Beeman

stated the findings are outlined and have already been agreed upon and the analysis of the properties are there and the descriptions of the specific masterplan designations.

Commissioner Tyler

stated they haven’t had enough time to get creative with this and it would be nice to have a month to see what comes to mind looking at this space with their projections.

Commissioner Lee

asked Mr. Waggoner if the community surveys that the public did pertain to the gateway area.

Mr. Waggoner

stated there wasn’t anything specific to the gateway. We had a fair amount of responses wanting to see Commercial Development in town.

Commissioner Lee

asked if there would be a benefit to do a survey like that for the gateway area. Page 13 of 16

Mr. Waggoner

stated his hesitation is that we could take 30 days, and we could end up with no responses. Keeping in mind there is a good portion that is highway frontage and discussed that there is a lot of development planned in the town. There is a need for commercial development on this end of town.

Commissioner Turner

asked if there are any current applications put in that were withdrawn for development there.

Mr. Waggoner

stated the RPC would know it because it would come to them, but there hasn’t been.

Ms. Beeman

stated some people want to see a Business Industrial Park in the area.

Mr. Waggoner

stated they have had multiple inquiries because it is SPD, it could be commercial or residential but nothing that has been applied for. The only development that is getting anywhere close to us is at the County line by Tecopa road for Solar.

Commissioner Turner

mentioned the amount of commercial in the area, currently in that general vicinity there are hundreds of acres of General commercial, there were questions on the LI already zoned there and pointed it out on the old Gateway Projections. The LI was proposed as a future wastewater facility and then was rezoned for other types of utility uses. Based on the proposals staff has brought to them it is based on the BIA. It is the highest use possible for a property which would include HI. All of the 920 acres could turn into salvage yards, junk yards etcetera, do we want for the entrance into Pahrump to be that, but that is for the board to decide. Regarding the finding, finding #1 states “are there adequate public utilities”, and there are no facilities in that vicinity. The concern with the utility company with the industrial is you don’t know what will go in there, or if it will bring pollutants to the ground water. Finding #2 – referring to Chapter 3 of Master plan goal 2 is to protect the ground water and environmental quality. Not knowing what the infrastructure may or may not be you do know what it is today, there is no infrastructure. The utility company has concerns with what will happen there, specifically with the adequate public utilities being address. They respectfully disagree with staff findings 1 and 2.

Commissioner Blackstock

asked if these 40 owners have been contacted?

Mr. Waggoner

stated no they haven’t been contacted at this point, we are only taking Master Plan Amendment at this point.

Ms. Beeman

stated the Gateway master plan didn’t rezone any properties and it looks like it reverts to Highway Frontage or Open Use at this time.

Commissioner Turner

asked if there was any negative impact for additional NC CDA between Hafen and entrance of the property to Hafen Ranch to entrance of Mountain Falls on Manse. What made you go the other way then making the whole strip CDA.

Ms. Beeman

stated they are trying to get away form strip zoning and access management due to that. If the map would have extended its view out to the highway then MF has planned for Commercial on the Commercial Collector and see the GC at CASS and Hafen Ranch as well as GC that is closer up to the highway area. To strip commercial zone Manse Road, staff didn’t see the feasibility in terms of infrastructure to support that.

Commissioner Turner

asked if anyone knows how many houses are built in Mt. Falls.

Mr. Waggoner

stated somewhere around 1500.

Commissioner Turner

asked how many in America West were approved.

Commissioner Turner

stated he believes this strip would be a neighborhood retail area.

Ms. Beeman

stated in the area there is sufficient commercial especially when you move towards the highway areas, limiting factor being the utilities to support any of that.

Commissioner Lee

stated this is a good thing to remember when we are reevaluating it in 5 years.

Commissioner Lee

asked the DA’s office if they have to list out all the APNs in the motion, or can they state based on staff’s recommendations.

Ms. Nelson

stated they can continue to state it as they normally do, on staff’s recommendations.