July 13, 2022

Mr. Bohannon

stated they often get questions on keeping the aquifer safe and making sure the quality of water is solid. With the approach they are discussing it addresses it, correct.

Mr. Cross

stated yes. They will trap the water with thermodynamic drying and will produce 1 million gallons of water they can reuse. They want to build county awareness for sustainability, promote innovation through agritourism and hire within the community so they are hiring and buying local to stimulate the local economy. The building will be an L shape one side manure one side compost and larger section for the processing, they are all segregated buildings with solar panels, carbon filtration and negative air pressure to create the carbon neutral operation. It prevents odor, dust and noise. If they bring waste from outside the area what they will be doing is using covered hauling trucks.

Mr. Bohannon

asked if this is just for equine manure or can they use other elements as well?

Mr. Cross

stated they do work with the equestrian waste bedding and it can be used for other bedding and other waste. What they would like to suggest is the waste bedding they create into recycled brand new bedding can be used in the equestrian industry for chickens, ducks for anything in the local region. For multiple different animals. One thing this doesn’t use is additional water and it retains the water from the bedding it is processed back into the cooling towers that can be used for irrigation, self dust or be put back to the community for potable water. Cory Smallegange stated the main qualities of the bedding are they are hypoallergenic, antibacterial, antifungal and highly absorbent as well as being dust free. From a health perspective they are going to mitigate a lot of the problems that large horseshow grounds and racetracks have to control when using other bedding of poor quality. Their shavings will help mitigate health risk factors.

Mr. Bohannon

asked Mr. Cross about how they will make sure they are sustaining the project.

Mr. Cross

stated what is good for the County, good for the industry for the pocketbook and making sure it is always best management practices for waste management and written into the plan so they will always have a sustainable approach.

Mr. Hyde

stated taking what is in the barns, getting it to the site, the majority of the water and urine will be used will be sent underground. They will transport everything from every stall using a vacuum controlled unit and taken and dumped into the plant. They will open up the idea for this facility to be used by the community for those that want to use this type of shaving.

Commissioner Turner

asked if they have an idea on how many local jobs this will create.

Mr. Cross

stated they will hire 9 people per shift and an additional 5 staff in marketing, finance and administration. So, there will be about 15 and 20 staff per facility they build.

Mr. Bohannon

stated that is per shift and asked if they can do more than one shift per day.

Mr. Cross

stated yes, the second shift is a lot more profitable than the first shift. They will do 2 shifts 5 days a week and in the heart of the season when the horses are racing some months are higher than others and they push 24 hours a day if they need to. Then they have enough bedding in the off season to work with further field regions.

Commissioner Turner

referred to the statement that they are recycling the water and the usage would only be about the amount of a single house are they talking 2-acre feet for the entire facility?

Mr. Cross

stated they are running about 5 – 8 gpm. Page 4 of 14

Commissioner Blackstock

stated since this is wood based is this something they can set up for other types of wood. Not counting salt cedars.

Mr. Cross

stated yes. Working with green waste they can also put 30% in plastic bags. The horse industry covers their bedding in plastic before it goes in because it is safer. They will take it back and run it back through which will create electricity.

Commissioner Tyler

asked if this is their first facility or if they have one in operation somewhere.

Mr. Cross

said they built the first prototype facility in 2015 about 1.5 hrs North of Seattle and that was using old technology and it works and has been fully tested. They built prototypes in 2017 and 2020 their first full facility will be in West Palm Beach, Florida where within an 8-mile radius they have over 200,000 tons of waste and this will be the second and third in the process including the United Kingdom.

Mr. Hyde

stated this is sustainable in regards that it feeds itself, they won’t utilize an outside source but utilizing what they already produce.

Mr. Osborne

reviewed the staff report and stated a CUP is required in this zoning district. A Site Development plan will be required and it is a condition in the staff report. Staff is recommending approval subject to the conditions of approval.

Commissioner Turner

asked if during the Site Development will there be any requirements for paving.

Mr. Osborne

stated yes all the parking areas will have to be paved.

Commissioner Turner

asked if the display areas for the tractors need paved.

Mr. Osborne

stated there is certain types of equipment that wouldn’t require paving. Applicant was not present.

Commissioner Carbone

asked if they are looking at putting a different type of material down on the property?

Mr. Osborne

stated they haven’t stated that in the application.

Commissioner Carbone

stated how would we not know what they will put down, they need to know something.

Mr. Waggoner

stated that would be addressed in the Site Development process. As it stands with no waivers it will have to meet the development standards. But he is aware that he needs to go through site development.

Commissioner Carbone

asked if they come in for site development and it doesn’t meet the requirements what will they do.

Mr. Waggoner

stated they will have to apply for waivers of the requirement, or they will be held to the code. Page 5 of 14 Motion: approve CU-22-22 based on findings and subject to the conditions of approval, Action: Approve, Moved by Walt Turner, Seconded by Jacob Skinner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Gina Meredith, Jacob Skinner, Pamela Tyler, Robert Blackstock, Walt Turner.

Mr. Osborne

reviewed his staff report stating the reason for this is the existing ROW alignment isn’t a 90-degree angle where it intersects with Hwy 160 and the new alignment will be. Staff recommends approval of the application subject to the conditions of approval.

Commissioner Blackstock

asked if there will be a roundabout at Manse and Eberhard?

Mr. Osborne

stated no the roundabout will be at Manse.

Commissioner Blackstock

asked why this won’t be coming off Manse where the roundabout is going to be instead of from another point on 160. Tyler Mulvey, Nye County Public works, stated NDOT requires certain access to be 90 degrees. The current ROW doesn’t allow for that. They will abandon that and rerecord with the curve like Manse. The roundabout is privately developed and not funded by us at this time.

Commissioner Turner

asked what the distance between Manse Rd and the proposed new roundabout is. And asked if it meets the NDOT requirements.

Mr. Mulvey

stated NDOT has specific numbers. But he isn’t NDOT so he would assume so. Vicki Hafen Scott applicant stated Eberhard access does meet NDOT requirements, speeds will be reduced in the area, it is somewhere around 480 feet which will be a right in right out access and has been designed with NDOT guidelines. Eberhard is a major section line road and provides access to a number of properties to the west and part of the development plan.

Mr. Mulvey

stated we don’t have an upfront cost, but NDOT requires them to be the applicant because it is in Nye County.

Ms. Hollis

stated she has made a call to the Dept of PW and she was told she would be called back and no one has called her. It has went to several other people and to date it still hasn’t been produced.

Commissioner Tyler

stated she thinks the reason they would entertain a traffic circle over a light is because it has been proven they are safer. Page 6 of 14

Commissioner Skinner

asked staff if the traffic study question will it be a barrier to approve the recommended motion.

Mr. Waggoner

stated no, it doesn’t have anything to do what this agenda item is about.

Mr. Waggoner

stated they have some comment letters received to the Planning department and a clearer draft of the zoning district to show what is being changed that staff would like accepted into the back up.

Mr. Waggoner

stated there have been many false communications on social media and in the audience that he would like to clear up. Through previous items through this board there have been complaints on properties in the VR-20 zoning district because the district doesn’t allow chickens and it has been that way since it was adopted in 2004. What staff has done by the request by the RPC to come up with a draft that will allow chickens in the VR-20 zoning district. They have written this to now allow chickens in the VR-20 zoning where chickens today are not allowed. They researched other municipalities and chose parts that they think would work in the town. This draft only applies to the VR-20 no other zoning district will be affected with this draft. On page 2 under the minimum building setbacks, they did add the setbacks under accessory buildings. There is some argument on if a chicken coop is an accessory structure or not. If it is permanently affixed to the land on a concrete slab and stick built it is considered an accessory structure. Considering some neighbors don’t like chickens next to their house we tried to put a buffer to make it more amicable for the neighbor that doesn’t want the chickens. They added line #4 as a suggested minimum setback. There is an entire new section in blue that has to due with chickens. VR-20 is ½ acre or larger so that is why they wrote it at 20,000 gross, no more than 10 chicken hens, no roosters. No roosters because the lots are smaller and population control can be an issue on the smaller lots. Coops are restricted to the rear of the lots, zoning reviews are required prior to construction, no person shall engage in selling of poultry, eggs or commercial farming, persons conducting commercial farming are not exempt from nuisance ordinance. In all the residential zoning districts commercial operations are prohibited with the exception of a home-based business. In the research they have done to commercially sell eggs there are requirements from the Department of Agriculture they have to be of a certain quality. There isn’t anything that says they can’t give their eggs away to neighbors. This is an ordinance that is trying to lessen the restrictions as they are written today. Without this ordinance you don’t have chickens today and legally if they do receive a complaint, they have to address it because chickens aren’t allowed.

Commissioner Tyler

stated she knows there have been instances that people that live in VR-20 that have chickens have been before them for a code complaint and they had no method to allow the RPC to allow them to keep the chickens. That is why they directed staff to build something that will protect those homeowners that would like to have chickens in their yard.

Commissioner Turner

stated they have received many complaints on chickens in VR-20, this is in draft form for discussion. What would be a good assistance for the board is when they speak in public comment is to remember they aren’t taking anything away, they are adding to the VR-20. If something works or doesn’t, please let them know and they can reach a happy medium.

Commissioner Skinner

stated many us here we own chickens and this is important. In the way the language is written it says chicken coops shall be constructed 10 feet. In the minimum building setbacks Page 7 of 14 are we talking about accessory building chicken coops or are we talking about structures that house chickens that may not be accessory buildings.

Mr. Waggoner

stated it would be more structures that house chickens. That comes with trying to not impede on your neighbors’ rights that may not want chickens.

Commissioner Skinner

suggested to further define that so there is more clarity there. In section D #1 his concerns are that they may be muddying the waters a bit. He feels it is speaking to VR-10 or others when using that language and asks it get updated to only reference VR-20 and not reference to other categories.

Mr. Waggoner

stated he doesn’t see that it does, it is a code amendment that is only going to reside in any other district and only specific to VR-20. He stated we don’t have any other lots in PRPD that are less than 20,000 gross feet that are not zoned VR-20.

Commissioner Skinner

stated that does clarify for him.

Commissioner Turner

asked if he is referring to “shall be restricted to lots that are zoned VR-20 and a minimum lot size of 20,000”.

Commissioner Skinner

stated that is correct but what if you own a property that is 10,000 sq feet.

Mr. Waggoner

stated it would not be zoned VR-20 it would be VR-8 or 10.

Commissioner Skinner

asked if in that category they would have something that speaks to chickens as well?

Mr. Waggoner

stated no they don’t.

Commissioner Tyler

stated since staff was working under our direction everyone that has come across their desk have been in the VR-20 zoning. And they have to tell them no it isn’t allowed and they want to be able to find them a way to say yes it is allowed, and they need to still be respectful to the neighbors.

Commissioner Skinner

asked Mr. Waggoner how many chickens they need to own before they become commercial.

Mr. Waggoner

stated he doesn’t know, they just put a limitation of 10 because it was a consistent number in many areas that have smaller lots. Like Boulder City they have a limit of 10, and an ordinance that was adopted is in the backup and they had 12. Some even said only 8.

Commissioner Skinner

stated he has seen some areas where commercial operations started with 1000 chickens and other jurisdictions if there was greater than 99. There needs to be clarity for the people here.

Mr. Waggoner

stated he thinks that does with the limit of 10.

Commissioner Tyler

asked how many VR-20 lots there are in Pahrump.

Mr. Waggoner

stated he doesn’t have an exact number and there are several that need fixed because they are incorrectly zoned. If you are on a RE or RH property there is no limits for chickens as long as you aren’t selling them commercially then you aren’t considered to be running a commercial business. Unless you are trying to run a business.

Mr. Waggoner

stated you have to remember these are residential lots and even home-based businesses don’t allow for the public to come do business at your home. Page 8 of 14

Commissioner Skinner

stated with some families they take those eggs and sell them. He wants clarification that this isn’t what this is about.

Mr. Waggoner

stated no, they can take them to the Farmer’s Market or wherever, but they don’t want you selling them from your home.

Commissioner Skinner

asked why no roosters when we have a nuisance law?

Mr. Waggoner

stated it is more about the reproductive part of the equation, it is about the limit of the production. He wants to remind the audience that this is for the VR-20 property and nothing to do with any other zoning.

Mr. Waggoner

stated that is because whoever owns the property has never requested a zone change. Back when the zoning was applied in 2004 and since that point it has been VR-20 and there have been people come in wanting zoning more appropriate to the size of the lot.

Mr. McLeory

asked if the VR-20 zoning could be changed to another zoning to have their chickens.

Mr. Waggoner

stated yes if the size of the lot is big enough. VR-20 is designed for ½ acre lots.

Mr. McLeory

asked if anything 20,000 or less can never be changed to a zoning besides VR-20.

Mr. Waggoner

stated correct. Derek Bayer stated he understands most of this applies to ½ acre but a solution would be changing the wording. You can state “a resident shall have any number of small farm animals either for pets or sustenance but not too many to affect the health and welfare to the person or the animal”. Apply this to all the zoning then you can eliminate the headache and remove the limits. Kimberly Maxim stated there are going to be extreme food shortages, she doesn’t sell her eggs but she gives them to her friends. Keeping people from having roosters is just trying to starve people out. She does have neighbors that are in a VR-20 and they have goats, chickens and a turkey. They shouldn’t be restricted either. Denise Arceo stated her concern is that one thing moves into another. Once covid hit that is when people started getting chickens for a food source. If you say you only are allowed to have a certain number you aren’t going to want to kill your old ones off. Richard May stated he is on a lot bigger than a VR-20, and he doesn’t even have chickens. Let people have their chickens. Victoria Riccardelli stated she miss understood until it was clarified. She suggests everyone have chickens and those that complain can leave. Page 11 of 14 Public comment closed at 8:12 pm.

Commissioner Turner

asked what the numbers of chickens in some of the other ordinances. Santa Monica states roosters are only allowed if kept quiet, permits are needed for more than 13 birds. He’d like to see keeping the rooster as well. Is there a reasonable number we can put out if people want free eggs they can have 13 – 15 and those that want the larger operations have a system where it is permitted. Permits have always been around, if you have money for feed you have money for permits. He asked

Mr. Waggoner

how much permits were.

Mr. Waggoner

stated the only thing that would need permits is if it is over 200 Sq Ft. A Zoning Review is $25.

Commissioner Tyler

asked for clarification that for the permit it has to be with a foundation but if you buy a coop not permanently affixed to the ground no concrete it wouldn’t need the $25 permit.

Mr. Waggoner

stated no, we are using wrong terminology. This would requires a Zoning Review the same as if you put up a fence, built a house or a pump house. To ensure it meets the setback requirements, that is the $25 application fee. No building permit would be required unless it was a 200 sq ft chicken coop.

Commissioner Tyler

asked for clarification that if it was a 10 x 20 you’d need a building permit.

Commissioner Meredith

stated she hears that they give her neighbors eggs so it is considered gifting and not a commercial operation.

Commissioner Turner

liked the gentleman’s comments of on small animals, it doesn’t have to be verbatim but worked in somehow. Chicken number increased, roosters allowed. The exact gentleman that brought this very issue to us came and spoke and they didn’t find it fair that he couldn’t have his chickens so they want to put something together to fix that.

Commissioner Skinner

stated how the ordinance is written it is too restrictive and in general it needs to be simplified. He suggested striking B #’s 2, 3 and 4 except for the zoning review required if you are building an accessory structure. In section C #4 needs clarification on what a chicken coop is, chicken coop that isn’t an accessory structure should be allowed to have a 5 ft setback. Coops shouldn’t be restricted to rear or side yards.

Commissioner Turner

stated striking #2 then coming back and trying to put a number on it will create a lot more comments. If we start with 15 and there are comments that come back wanting more we can look at bringing it back to be less strict.

Commissioner Tyler

stated there needs to be some quantifiable number in there not to restrict everyone but to give staff direction so if they do get a complaint they have guidance.

Commissioner Turner

suggested adding 18 chickens.

Commissioner Skinner

stated he disagrees. We can’t just pick arbitrary numbers, 10 and 18 are too few. He prefers to strike it and pass a less restrictive ordinance and if we have to come back and put a number we can.

Commissioner Turner

stated if we do that and then come back and restrict them it will be a mad house.

Mr. Waggoner

stated there a couple things to consider, if this was adopted in whatever fashion it is, if they put a number to it of 20, or 8, whatever number if it is adopted and permissive a waiver can be Page 12 of 14 applied for. They can state the number won’t work for them and ask for more. The waiver allows them to put conditions in place to keep it in a manageable state and if there are complaints it gives them an avenue to rectify the problem. If they adopt the ordinance today there may be people that purchased property in VR-20 because they don’t want to be around farm animals. By adopting we are now imposing that on them. There are a lot of things to consider, he understands both Commissioner points.

Commissioner Tyler

stated they don’t necessary need to model other ordinances but research animal husbandry. Maybe we can partner with Dept. of Ag and come up with reasonable guidelines that address how much chickens or turkeys need. Maybe they need to have in there if you have X amount of chickens you need X amount of size or you can’t have that many chickens.

Mr. Waggoner

stated as you heard the Sheriff say we have no noise ordinance or a very weak one but we have a nuisance ordinance. You can’t rely on that code, it is unreliable. The BOCC knows this and it has to be fixed.

Commissioner Blackstock

stated they have had people come up stating they are on VR-20 and have animals and won’t get rid of them. If they have over the number are they grandfathered in?

Mr. Waggoner

stated no, it isn’t legal today. If they have 1 or 20 chickens today it isn’t allowed and it would be illegal today. They would not be grandfathered.

Commissioner Blackstock

asked if they can try the change for 2 years, see if there are complaints and change restrictions.

Mr. Waggoner

stated once it becomes an ordinance it can always be changed but if a trial run is what the goal is, and they discovered everything is fine or there are issues it can be changed at a later date. But without this ordinance there are no chickens allowed in VR-20 today.

Commissioner Turner

asked to bring it back next month, pull information on other ordinances for them when it comes to number of chickens.

Mr. Waggoner

stated that will not get you the information you are looking for because it is going to vary. If there is some sort of a guideline like commented of 2 – 4 feet and coming up with a number like that. That would be the way to go.

Commissioner Turner

stated that would be his suggestion to bring back information that they can base their count on.

Mr. Waggoner

stated they can bring back another draft with the few changes and bring the info to some point this is the third discussion on this and they either need to let this die and go away or move in a direction that we can get somewhere.

Commissioner Skinner

stated it will be difficult for the Planning Commission to come to a consensus on this. What they need to focus on is making this allowable and no longer illegal for those in the VR-20 to have chickens. His direction to staff bring back a draft that has less fewer restrictions and address the comments that have been said and get to the crux of what they are trying to do here.

Mr. Waggoner

stated it isn’t the brothel code it is sexually oriented business in general. There was a typo in the code that doesn’t match the zoning. The GC doesn’t allow sexually oriented business as a permissive or a conditional use so this is to correct that. Page 13 of 14