November 10, 2021

Commissioner Lee

stated she provided minor corrections to staff.

Commissioner Tyler

, Seconded by Leah-Ann DeAnda. Motion passed unanimously.

Commissioner Lee

wanted to thank the Vets for their service.

Mr. Waggoner

stated September applications received were 232 and processed 183. October had 210 applications and 189 processed. Since July 1st, 2021, 700 planning applications received and 122 code complaints. Last July of 2020 there were 65 Applications received and 126 code complaints. Building permits 30 SFR decrease of 11 last month MF 7 increase 3 last month total 249, 51 less since last month and 426 inspections, 11 less than last month. Since July 2021 there 124 SFR permits, and 5 MF homes compared to 145 SFR and 21 MF homes last year. 23 new complaints for code compliance in October, 4 less than last month and 10 closed, 30 less than last month. Previous items heard for this board was ZCMP-21-30 and ZCMP-21-31 these items were heard by the RPC on October 13th and will be heard by the BOCC on November 16th for final action. WV-2021-000137 was denied by the RPC on the September 15th agenda, that applicant filed an appeal and that will be heard by the BOCC on November 16th. 7. a. For Possible Action – ZCMP-21-32: Public Hearing, discussion, and deliberation on an application for a Minor Master Plan Amendment to change approximately 2.09 acres from the Rural Density Residential (RDR) to the Community Development Area (CDA) on property located at 3980 & 3950 S. Panhandle Place. Assessor’s Parcel Numbers 041-292-12 & 041-292-11. Shug Co LLC – Property Owner. Chrismor Investments LLC – Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for December 16, 2021, or as otherwise announced.) (CB) Page 2 of 9 b. For Possible Action – ZCMP-21-33: Public Hearing, discussion, and deliberation on an application for a Zone Change to change approximately 2.09 acres from Rural Estated Residential (RE-1) to General Commercial (GC) to allow a Rent-2-Go business on property located at 3980 and 3950 S. Panhandle Place. Assessor’s Parcel Numbers 041-292-11 & -12. Shug Co. LLC – Property Owner. Chrismor Investments LLC – Applicant/Agent. (The Pahrump Regional Planning Commission makes a recommendation on these items. Final Action by the Board of County Commissioners is scheduled for December 16, 2021, or as otherwise announced.) (CB)

Commissioner DeAnda

disclosed a member of her household is employed by the applicant. She will be recusing herself from the item and leave the room. Cheryl Beeman stated it was easy for staff to find pro’s and con’s for this. When we look at our community do we actually have an insufficient area planner for CDA that would allow this type of development, probably not but we probably have sufficient CDA planned and/or zoned GC much of it not having utilities available to develop. Staff finds sufficient justification to recommend approval and adding in a condition of approval that when utilities become available the owner shall connect into the public system.

Commissioner Lee

asked public works if they will need an encroachment permit when this gets ready to develop? Tyler Mulvey stated yes, that can be taken care of through the site development.

Commissioner Lee

asked staff if this is going to have a building and water, is the correct assumptions that port o potty’s will not be used on this property?

Ms. Beeman

stated yes, they might want to ask the client about the existing water well because we understand this is a utility service area.

Commissioner Curtis

stated special condition #7 stated perimeter block wall with minimum height of 6ft, and asked what is the maximum?

Ms. Beeman

stated they can get up to 8ft. Rene Morales, owner, the existing property has a well that was placed 11 years ago and it was permitted, would like to place a septic tank and approve of all conditions of approval besides number 9 about the removal of the sign, that’s one of the main reason why he purchased the lot. Propose to meet with building inspector or planning whoever oversees that, I will build a small office in the back and a small sign.

Commissioner Lee

asked where are they going to place the septic?

Mr. Morales

stated the well is located on the back of the second property and he will put it in the back of the property, so right behind the office, power is already on site.

Commissioner Meredith

asked Mr. Waggoner if he can tell her more about billboards?

Mr. Waggoner

stated as part of the master plan amendment one of the goals was to alleviate billboards as development has been proposed on properties, that’s been a general condition. Billboards in general are not allowed to be used to advertise the business if it’s on the land. Then there’s setback issues. It’s just a general practice that they ask for.

Commissioner Meredith

stated she doesn’t understand the beautification act and asked for clarification. Page 3 of 9

Mr. Waggoner

stated he will check the setbacks for the sign off the highway, but the highway beautification act does entail 672 ft of Right of Way, he may be off a few feet, adjacent of the highway.

Commissioner Lee

asked where the storage is going to be?

Mr. Morales

stated it’s going to be in the back of the property and the office will be in the front, he purchased the property next door, so it won’t affect the neighbor.

Commissioner Curtis

asked is the storage yard business is for vehicles is it for other customers to store their equipment.

Mr. Morales

stated it is specifically for Rent – to - Go equipment, it’s his storage. They also want to mention we keep it very clean.

Commissioner Tyler

asked if this is an additional location or are you planning to change your location?

Mr. Morales

stated they are changing location. It’s a big liability for our transporters to get off/on the highway. That’s why this location is good because it’s easy access.

Commissioner Blackstock

asked Public Works if they’re coming off Gamebird would it be easier to come off Panhandler Road with the amount of equipment and the gates opening/closing? The street will be pretty busy once the park gets going.

Mr. Mulvey

stated the design of the project can change through site development, the access off Gamebird would be far enough away from the intersection of Panhandle and Gamebird, there are some minimal requirements for driveways next to an intersection, other than that it would be better to have a wider driveway than the minimum 24 and could be thought of in the design process.

Mr. Waggoner

stated with an entrance off of Gamebird, Fox Avenue has a very well-built concrete culvert which I’m sure they would be required to do.

Mr. Morales

stated he would like to propose a 30 ft bridge to match the existing one on Gamebird and Fox.

Commissioner Carbone

asked for clarification from Mr. Morales what is their plan with the property they purchased next door?

Mr. Morales

stated he was going to use the billboard for his own business until he was informed that was not allowed. If he would have known he was not allowed to use it he probably wouldn’t have bought the property next door.

Mr. Morales

stated the billboard hasn’t been rented in years because it’s so far away from the highway so nobody used it. It’s a waste of money.

Commissioner Carbone

asked for clarification that now knowing you won’t use it for income will you take it down?

Mr. Morales

stated maybe not, it might be an asset if I were to sell in 20 years if things were to change.

Commissioner Carbone

stated he doesn’t think the rules will change; the whole reason is to beautify the skylight at night. It’s been a plan they’ve been working on, to remove the billboards.

Mr. Morales

stated he plans on building a beautiful block wall, beautiful building and a beautiful bridge to match the Fox street.

Commissioner Lee

stated she has concerns about the masterplan amendment being CDA, it does allow residential. So, it could be compatible with the existing zoning, but also allows commercial manufacturing, so to have commercial manufacturing which bridges the gap between light industrial, is concerning.

Mr. Waggoner

stated it would be more of neighborhood commercial in his opinion since that’s who they are serving.

Commissioner Lee

stated yes, but it’s already zoned for commercial manufacturing so if he decides he wants to sell, that can happen. When they go through site development, we should try to put some buffers and safeguard in. I understand utilities could extend water and sewer lines to encourage residential zoning is millions of dollars.

Mr. Waggoner

stated he understands the intent of this project, with fairgrounds and the other development soon, maybe it works. He looked at it as spot zoning, but he doesn’t think it will be a detriment for the area.

Commissioner Meredith

stated the billboard is big, he can’t advertise on it, but he doesn’t want to take it down, is it something to consider putting some art on it or beautify that?

Mr. Waggoner

stated they can’t dictate what goes on that board. But it’s acceptable to state on the record for you to ask for that of him.

Mr. Morales

stated he would love to see something beautiful there, but he is also running a business.

Commissioner Meredith

stated if they have someone to rent it, then they can do that. But when it’s not being rented can we put some art on it?

Mr. Morales

stated absolutely because he does not want it to be an eye sore. He’ll commit to making it beautiful.

Mr. Waggoner

stated it would take some time for him to get the business up and running would they be willing to remove the billboard after a certain amount of time? They can use it today until the business is ready, then take it down.

Mr. Morales

stated he would like to keep it but I agree with Commissioner Meredith and would like to beautify the board within 30-60 days. He is open to suggestions from the board.

Mr. Waggoner

stated the billboard is not in compliance even in it’s condition today. The lighting is not in compliance. There are some modifications you’ll need to do to bring to code.

Mr. Morales

stated he is willing to bring it to code.

Commissioner Lee

asked if they would also need to obtain license through animal control?

Mr. Osborne

stated yes, they would.

Commissioner Lee

asked if it would be in our best interest to add to conditions of approval?

Mr. Osborne

stated number 1 already stated that.

Mrs. Peterson

, applicant, stated she is just looking forward to purchasing this property and it is contingent upon this approval.

Commissioner Curtis

asked if she will be kenneling dogs other than their own and if they will be boarding?

Commissioner Meredith

asked what kind of ventilation they will be using for the kennel?

Mrs. Peterson

stated she’s not sure to be honest. They are wanting to put in a mini split, an AC/heat system. She’ll have to check and see, it’s a stage thing, she’ll purchase the property then have the facility built.

Commissioner Meredith

asked if this is her first time with breeding.

Mrs. Peterson

stated yes, it is.

Commissioner Meredith

stated with 30 dogs? And asked what kind of dogs she will be breeding?

Mrs. Peterson

stated she breeds doodles.

Commissioner Meredith

asked if she will be breeding Barnard doodles, because those are big dogs and it gets real hot.

Mrs. Peterson

stated it will be climate controlled.

Commissioner Meredith

asked if she is the guardian breeder for the program?

Commissioner Meredith

asked if she is swapping out the female dogs when they come in heat?

Mrs. Peterson

stated she purchases a dog, then she gives it to a family to keep in their home so they’re not in a kennel their whole life. After the first heat, with vet approval, she takes the dog and will breed the dog. Then it goes back to the family during the pregnancy. Then it comes to her when the time to have the babies and nurture then babies. When it’s ready the dog will go back to its forever home. Page 6 of 9

Commissioner Meredith

asked if those dogs are counted towards the 30 dogs. Are you going to have more than 30 at a time or no more than 30?

Mrs. Peterson

stated she will not have more than 30 dogs on the property because of the rotating system.

Commissioner Meredith

asks if all the dogs are guardian dogs.

Mrs. Peterson

stated majority of the dogs will be guardian dogs.

Commissioner Meredith

stated she does not want to approve of something that looks like a puppy mill.

Mrs. Peterson

stated a puppy mill to her are animals in kennels stacked on top of each other and she hopes to have her dogs at home being loved like family members their whole time, then the mom will return back to their homes and the puppies will go to their forever home.

Commissioner Carbone

stated you’ll need to get a breeder’s license. I have not seen any noise problem. Not too sure how you’re going to build the kennel. Climate control will keep the noise down. Make sure you have the proper ventilation. According to what you were saying, the dog that will be bred, how many times will it be bred?

Mrs. Peterson

stated she understands she will need a breeder’s license. And after all vet checks-up, the dog will be bred up to 4 times.

Commissioner Carbone

stated this is a commercial kennel, will this be a commercial septic and water system?

Mr. Waggoner

stated no. It’s being done in conjunction with the residence. That’s the term the code classifies this as, but it’s still a domestic use on the property.

Commissioner Tyler

asked for clarification that if they approve this application and a year or 2 down the road they decide this isn’t for them but there’s already a commercial kennel on the property does that leave the door open for someone to come with a boarding facility or something else because we already given them commercial kennel status?

Mr. Waggoner

stated, yes, but once the use of the 6-month period passes, then the CUP goes away. The CUP is meant for this intent.

Commissioner Carbone

asked Mrs. Peterson if she understands Animal Control will come and inspect the property.

Mrs. Peterson

stated she has met with animal control already, so she’s in full understanding.

Commissioner Curtis

stated that her concern is the odor and keeping it clean.

Mrs. Peterson

stated she will be living there as well so she wants it as clean as possible.

Mr. Waggoner

stated he wants to make a correction to Commissioner Tyler’s question, condition number 10 stated that if the use is discontinued for 12 months or more, or 24 months or more, if the building being used has been destroyed, it is the boards purview to make the number whatever you feel comfortable with.

Commissioner Meredith

asked for clarification that they haven’t purchased this property yet.

Mrs. Peterson

stated it is contingent on the decision today. They are in escrow; and are going to try and close December 10th. Page 7 of 9

Commissioner Lee

asked Mrs. Peterson if she has read the conditions of approval, do you understand and approve of them.

Commissioner Carbone

stated animal control usually works on a compliant basis.

Mrs. McAllister

stated so it’s an annual inspection. Are they going to be putting collars to keep the noise down? I have dogs and the neighbors have dogs; I would hate to see all those dogs with collars on them. The house has flood lights all around it, what about the night sky ordinance Also the kennel is planned on the SE corner, which is my property, the NE is the road.

Mrs. Peterson

stated the overall goal isn’t for the dogs to be in kennels with bark collars on all the time, it’s for the plan that we talked about with the guardian homes. As far as the lights, there’s already lights currently there, she doesn’t understand what she wants her to do. They’re outdoor lights. She can consider changing the location of the kennel from SE to NE.

Commissioner Lee

stated in the letter it states they will use sound reduction treatments to eliminate barking, can you explain?

Mrs. Peterson

stated it is a sound we cannot hear as humans. It is something the kennels have used around the country. I would like to say to Mr. Carbone, I can have 24 puppies a year without the permit, but this is the ordinance and that’s why I’m doing it this way.

Mr. Waggoner

stated he wants to elaborate on the lighting. That is something we can review through the site development, as far as the neighbors go, if they feel its excessive, they can submit code compliance compliant, and we can look into it that way.

Mr. Osborne

stated Nye County code does not allow containers/accessory buildings on the property until building permit has been approved. There are no special circumstances. Staff’s recommendation is denial of the application.

Commissioner Carbone

asked if that is to eliminate the conex box just sitting there like it is all around town? Page 8 of 9