August 31, 2022

Mr. Waggoner

stated they would take care of it.

Mr. Waggoner

stated they would like to remove item #14 from agenda.

Mr. Waggoner

stated total planning applications received for July was 219 which was decrease of 27, Total applications processed was 119 which was 45 less than the previous month. Building permits was 26 SFR which was 19 less than previous month, there was 1 MF which was 4 less than the previous month and total permits all categories was 178 which was a decrease of 4 and total inspections all categories was 415 which was 57 less than previous month. Code compliance had 27 new complaints which was an increase of 1. They closed 3 which was a decrease of 23 from the previous month. Previous items heard by this board Text Amendment for 17.04.700 board recommended approval to BOCC and will be heard 9/7/22 BOCC agenda.

Commissioner Lee

asked the applicant if they have you read and understood the conditions of approval in the staff report.

Mr. Lara

stated yes. Page 2 of 16 Public Comment opened and closed with no comments at 6:12 pm

Commissioner Carbone

asked the applicant if there are any renovations on the inside of the building? Orlando Lara stated no, he just had to bring a standalone sink and hot water heater.

Mr. Waggoner

stated he will have to get a fire and life inspection scheduled. Orlando Lara stated the building itself was renovated 4 or 54 months ago and are still waiting for the fire and safety inspection.

Commissioner Turner

asked if the Master Plan RDA permits something like this or similar.

Mr. Osborne

stated it is RDR and the most intensive zoning for that category is NC so they would have to do a master plan amendment and rezone to GC. Victoria Burger stated she has previously had auto sales in Florida, she would like to offer affordable autos to the community.

Commissioner Turner

asked if they will be new and used or just used cars?

Ms. Burger

stated just used.

Commissioner Lee

states have you read and understood the conditions of approval? Victoria Burger states yes.

Mr. Waggoner

stated the applicant should get in touch with Building and Safety for a life safety inspection.

Commissioner Lee

disclosed she works for Valley Electric Association, and they are working on the Interconnection agreement with the applicant however she is not involved in the process and doesn’t believe there is a conflict of interest and will participate in the items. Steve Osborne states solar facilities are not allowed in the current RH-4.5 zone, also required per Nye County Code 17.10, for projects involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity, for all areas within Nye County, including those areas within the Pahrump Regional Planning District, the approval of a Special Use Permit (SUP) is also required, which the applicant has applied for, and which is scheduled to be heard by the BoCC on September 20, 2022. Approval of the ZC doesn’t authorize the construction of the proposed solar facility they also have to have approval of the SUP.

Commissioner Blackstock

asked for clarification on the water, it says they are getting water from another source, what is that other source?

Mr. Osborne

stated they aren’t constructing a well so they are going to have get it off site but it would have to be an approved source, the applicant could discuss that further. Robby Jay stated they have been retained by the applicant to represent the project. They have reviewed and are in agreeance with the conditions that staff has provided. They are still working on finding a local source but it would be someone who has water rights or has the rights to release water.

Commissioner Turner

asked if it will be water delivery to the site.

Commissioner Turner

asked what the expected water draw is.

Mr. Jay

stated during construction it will be 20-acre feet total and then during operational it will be 2-acre feet annually but they expect it to be much less.

Commissioner Turner

asked what the primary use of the water will be.

Mr. Jay

stated it will be to wash the panels.

Commissioner Blackstock

asked how often the panels will be cleaned.

Mr. Jay

stated he doesn’t have the answer to that, it depends on the panels the applicant chooses to use on the project. Page 4 of 16

Commissioner Blackstock

stated there will be 100 acres of dust and he sees the 2-acre feet becoming 4 acre feet quickly and that is a contention of his.

Commissioner Lee

asked Mr. Osborne for clarification that they state they want to use chain link with privacy slats and asked if that is allowed under NCC.

Mr. Osborne

stated it would be allowed.

Commissioner Turner

asked the applicant how many acres of the 100 are planned for panels.

Mr. Jay

stated they are planning on using most of the site and right now the design is preliminary, but they are trying to determine how they can maximize capacity.

Commissioner Turner

asked if it could be 90 to 95% if they are able to maximize capacity.

Mr. Jay

stated with setback requirements, yes.

Commissioner Turner

asked if they are planning on doing it all at once or in phases.

Mr. Jay

stated there will be one phase and taking 8 -12 months to construct.

Commissioner Lee

asked if any environmental studies have been done.

Mr. Jay

stated yes, and there have been no significant findings on the site.

Commissioner Lee

asked staff if they can make a condition to accept the materials in Nye County Code and not accepted elsewhere and transported here.

Mr. Waggoner

stated not through the ZC process but could be addressed through the SUP process. And regarding the water they are going to require an engineers estimate not just a statement, something showing actual data what water will be required of construction and what water will be required through maintenance.

Commissioner Lee

asked if they will be able to ask for quarterly reports on where the workforce will be coming from.

Commissioner Lee

asked if they will post placards on the fencing.

Mr. Jay

stated yes they will adhere to the NEC requirements for posting.

Commissioner Meredith

asked about the exterior lighting.

Mr. Jay

stated right now they are still figuring it out but understand the code. The control enclosures or maybe the invertors will have downward lighting for maintenance but that maintenance would be scheduled during the day so they would not be lit up.

Commissioner Turner

asked what the request is for the height of the fence? What is it in code and what they are requesting?

Mr. Osborne

stated NCC height is 6 ft they are asking for 7 ft.

Commissioner Turner

asked if there will be barb or electric wire. Page 5 of 16

Mr. Jay

stated externally no, but around the switch yard internally they plan on putting barb wire.

Commissioner Turner

asked for clarification that this is just for approval of the ZC and the waiver and before approval of the project there will be another meeting, correct.

Mr. Osborne

stated the ZC and SUP will go before the BOCC.

Commissioner Carbone

asked the applicant if they are planning on leasing the property or are they planning on buying it.

Mr. Jay

stated they have a lease option, but the plan is to buy the property.

Commissioner Tyler

stated they are connecting to the VEA power grid and asked where the power is going.

Mr. Jay

stated they don’t have a power purchase agreement at this time, they are interconnecting into VEA they have done a system impact study to see what types of upgrades will be needed to the facilities and they are hoping VEA acquires and keeps the power locally.

Commissioner Tyler

asked what happens if they are approved and don’t have a power purchase agreement, what happens to the power.

Mr. Jay

stated before they construct they will work on obtaining a power purchase agreement.

Commissioner Turner

asked what the longevity of the site it?

Mr. Jay

stated they are anticipating 20 years of operational life.

Commissioner Turner

asked what the options are after that. Would they change complete purpose or restock items or come in with new equipment and redo it all?

Mr. Jay

stated he will address that with the applicant.

Commissioner Turner

asked what benefits does a project like this do for the local community.

Mr. Jay

stated they would hope the local work force would provide those support resources, property taxes and goods and services through the impact of the construction. They believe this is the highest and best use for this land, it is in a flood zone and bring a lot of economic impact to the project.

Commissioner Turner

asked once the project is up and running are there any benefits at that point that would be using to highlight for the project.

Mr. Jay

stated 2 – 3 full time on site personnel for maintenance and on going property taxes that the property would incur for the local economy.

Mr. Jay

stated they heard a lot of great comments here and he thinks a lot of them aren’t fully vetted or educated yet. If anyone would like to meet with them they would like to get together with them and answer any questions.

Commissioner Lee

asked staff what the difference is between the existing RH-4.5 and the requested RH- 9.5 district.

Mr. Osborne

stated RH-4.5 doesn’t allow for solar facilities. That is the main difference.

Commissioner Lee

stated they looked very similar but that seemed to be the only difference. On the waiver can they split up the items or is it one waiver they are asking for.

Mr. Osborne

stated it is one waiver but has multiple parts to it.

Commissioner Turner

asked staff if the waiver would be something best heard with the SUP since it is related with site development.

Mr. Waggoner

stated this is standard and in order to develop their plan to move forward they need to get through this waiver portion first. Page 8 of 16

Commissioner Tyler

stated since we are in the middle of looking at our master plan and if they chose to hold off and not grant any changes to zoning do they still have to deal with the waiver?

Mr. Waggoner

stated they aren’t final action on the zone change, so all they are doing is making a recommendation. The waiver stands alone on its own. If the board decides not to grant the waiver, they can change the design standards they are going to work with. 9. A Motion: recommend approval of zone change ZCMP-22-15 to BOCC, Action: Recommend, Moved by Walt Turner, None seconded. Motion died for a lack of second.

Mr. Waggoner

stated as part of the motion she needs to state the findings as part of the motion.

Commissioner Tyler

stated her findings were that there is no need for a 7-foot fence and other waivers on the existing lot. They see no basis for approving waivers for this when they aren’t recommending approval of the zone change.

Mr. Waggoner

stated they may want to ask the DA if that is sufficient because we have to be careful when we are contradicting the findings in the staff report. Michelle Nelson, DDA stated that was stated just fine.

Mr. Osborne

stated the applications are to allow an automotive repair shop and a caretaker’s residence on the property. Rezoning is in conformance with the Master Plan and NCC allows for automotive service facilities in CM and a caretaker’s residence is permissive with the approval of a CUP. In the conditions #4 Page 9 of 16 states the applicant is required to submit a Cat 2 site development plan application for the repair facility and #12 they have to get a State of Nevada DMV license for the repair facility. Staff recommends approval to the BOCC of the Zone Change and approval of the CUP.

Commissioner Turner

asked if the SFR on the property that is going to be the caretaker’s residence is under 1500 sq ft.

Mr. Osborne

stated that is only a requirement for a guest residence. There is not a size requirement on a watchman’s quarter.

Commissioner Lee

asked about the conditions # 2 and # 6 it states both will expire when the use changes or the proposed use is sold?

Mr. Osborne

stated they can delete #2 that isn’t a typical condition they would have.

Commissioner Lee

asked what about condition #6.

Mr. Osborne

stated the CUP would run with the land and it can be deleted too. He stated deleting the sold, transferred, or reassigned would be acceptable.

Commissioner Lee

asked if there were any code cases on this.

Mr. Waggoner

stated there is a code case and these applications are coming forwarded to rectify this issue.

Commissioner Lee

asked if this could have been grandfathered.

Mr. Waggoner

stated no, to his knowledge it hasn’t been an auto repair facility in its past life. Without proof of a licensed legal operating auto repair facility grandfathering wouldn’t be applied. And we didn’t get any proof of that, we place the burden of proof on the applicant, and he believes that is why we are at this point now.

Commissioner Turner

asked when you say that, that means an actual business license with the town and state.

Commissioner Turner

stated and even if it was being used as that if they weren’t licensed?

Mr. Waggoner

stated it wasn’t legal then, no.

Commissioner Lee

stated grandfathering is legal non-conforming so it has to be legally operating at some point. Michael Selbach stated from 1994- 2017 it was operated as Spring Auto & Air as an auto repair and air conditioning repair shop. Whether they were licensed or not he isn’t 100% sure, but would have to look into that. The property was then bought by Ozzy John and he operated it as an auto repair facility as well and he wasn’t a legal operating shop at all. He knows staff tried to get Mr. John to come into compliance and that just didn’t happen. They are cleaning up the property and have removed 17 abandoned vehicles from the property. They are in the middle of remodeling the house as well. He feels they are jumping through a lot of hoops but he is willing to do it.

Commissioner Lee

asked Mr. Selbach if he has read and understand the conditions of approval and the modifications? Page 10 of 16

Mr. Selbach

stated yes but asked staff if it changes use they would loose what they are doing but what if 5 years down the road and he wants to sell the property as an auto shop he can still do that.

Mr. Waggoner

stated yes if the conditions aren’t removed then yes. He does still have to make the new buyer aware of the conditions that goes along with that.

Commissioner Turner

asked staff if #2 and #6 aren’t removed it could stay an auto shop.

Mr. Waggoner

stated if they were removed. If #2 was removed and #6 wasn’t the CUP would still be in place. He stated for clarification of his previous statement that a legal auto shop hasn’t existed on the property.

Commissioner Carbone

asked if the hot rodding will continue on the road.

Mr. Selbach

stated that employee isn’t with them anymore and that will not happen again.

Commissioner Turner

asked for clarification again that removing just #2 that means upon sale it could stay an auto shop but would loose the CM.

Mr. Waggoner

stated no if you leave condition #2 and the property was sold, the CM zoning would revert to NC. And by removing #6 the CUP would stay in place for an auto shop.

Commissioner Turner

asked if the CUP goes away would the auto shop be grandfathered?

Mr. Waggoner

stated CM allows certain permissive uses and uses by a CUP. If the zoning remained the same as the property was sold and the use stays the same and the zoning allows it they can do it and may it may require a new CUP. If changing back to NC it would be technically grandfathered in, and legal with the CUP that is in place as the auto shop.

Mr. Waggoner

stated the board could always add conditions for operating hours.

Commissioner Turner

asked about the current noise ordinance for residential areas. Does the same noise ordinance apply to commercial.

Mr. Waggoner

stated they apply everywhere but suggests adding a condition.

Commissioner Turner

asked what the current ordinance states for times.

Mr. Waggoner

stated there is none. It just states excessive noise which can be interpreted any way.

Commissioner Meredith

stated to Mr. Selbach that she has noticed parking across the street in the dirt lot on Mesquite. Will that be put a stop to? Page 11 of 16

Mr. Selbach

stated he will address that with Jason.

Commissioner Turner

asked if he has plan to take inflow of customers at the current entrance or further down at the next gate.

Mr. Selbach

stated he can open up a second gate on the side. They have never really thought about it but they can discuss it.

Commissioner Lee

asked for clarification that he wants to remove condition #6 not just the sold transferred or reassigned portion.

Commissioner Turner

stated he would take recommendations.

Commissioner Lee

stated if you strike the entire thing it will lose the CUP for the Auto repair if you remove it they can change the use.

Commissioner Turner

stated his motion for the CUP to strike sold, transferred or reassigned with the addition of hours of operation to be restricted.

Commissioner Lee

stated we are just talking about the ZC right now and the two conditions of approval are worded a bit differently. The ZC # 2 states the zone change shall immediately expire for the following reasons: The proposed use changes or the property for the proposed use is sold. That one is okay striking completely. And # 6 for the CUP it states the Conditional Use Permit shall automatically expire if the property where the proposed use is located is sold, transferred or reassigned, the proposed use changes or ceases to operate. So that is just the portion.

Commissioner Turner

restated his motion to be, “recommend approval to BOCC of ZCMP-22-11 based on the findings and subject to the conditions of approval in the staff report with the changes to CUP special condition #2 to be stricken and removing the portion of #6 “sold, transferred or reassigned” and adding in hours of operation to be from 6 am to 10 pm.

Mr. Waggoner

stated we are on the ZC. The only condition that applies to the ZC are condition#1 and Special condition #2 and #3. You want to leave everything else out.

Commissioner Turner

restated his final motion to be: Action: Recommend approval to BOCC of ZCMP-22-11 based on the findings and subject to the conditions of approval in the staff report striking condition #2, Moved by Walt Turner, Seconded by Pamela Tyler. Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0). Yes: Debra Hayden, Gina Meredith, Pamela Tyler, Robert Blackstock, Walt Turner. No: Beth Lee. Item #10 B Motion: approve CU-22-27 based upon the findings and subject to the conditions in the staff report with the change to condition #6, by removing the verbiage sold, transferred, and reassigned and adding a condition of approval for operating hours of between 6 am to 10 pm.

Commissioner Carbone

asked why hours till 10 pm. There are people around the facility.

Commissioner Turner

stated he amends his motion for hours of operation to 6 am to 8 pm. Page 12 of 16 Action: Approve, Moved by Walt Turner, Seconded by Pamela Tyler. Motion passed unanimously. 11. a. For Possible Action – ZCMP-22-10: Public Hearing, discussion, and deliberation on an application for a (Conforming) Zone Change to change one (1) parcel totaling approximately .46 acres from Neighborhood Commercial (NC) to General Commercial (GC) on property located at 2020 S. Cortina Street. Assessor’s Parcel Number 042-712-04. Dirt to Surf, LLC – Property Owner. George Romero – Applicant (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for September 20, 2022, or as otherwise announced.) (SO) b. For Possible Action – WV-22-13: Public Hearing, discussion, and deliberation on a Waiver application to waive the requirements of Nye County Code Sections 17.04.770.I(6), (7) (a-d), and (8) (c-d) to allow an Off-Premises Sign, located at 2020 S. Cortina Street. Assessor’s Parcel Number 042-712-04. Dirt to Surf, LLC – Property Owner. George Romero – Applicant (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (SO) c. For Possible Action – CU-22-23: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit to allow an Off-Premises Sign on property located at 2020 S. Cortina Street. Assessor’s Parcel Number 042-712-04. Dirt to Surf, LLC – Property Owner. George Romero – Applicant (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 stated the property is CDA and rezoning to GC is in conformance with the MP and allows for off premise signs with a CUP. This sign potentially was installed prior to the adoption of NCC sign requirements the property owner had applied for a grandfathered use determination, and it was determined that property owner didn’t supply sufficient documentation to verify the date it was originally installed on the property. There are a few waivers that are necessary based on the required sign separation requirements for off premise signs. Staff is recommending approval and recommending approval of the ZC to the BOCC.

Commissioner Turner

asked if the house behind it has the childcare?

Mr. Osborne

stated at Cortina and Omaha, he isn’t sure that is the one. Applicant was not present at the meeting.

Mr. Waggoner

stated we had many public commentors on this. We took that information and sent research out to the RPC on other information we found. Summary of the comments people had issues with the setback of the coop from the property lines and roosters, they want the roosters. If you have read what is presented it is consistent with rooster. Most jurisdictions don’t allow roosters because of the noise factor. One jurisdiction wanted the roosters over 2 months old had to be in soundproof enclosure during the night. If we are talking about possibly changing the code to allow roosters on VR-20 the center of town the VR-20s are pretty much developed and it is very important that it remains in there if they move forward. Most of the codes prohibit roosters over a certain age. Most of the jurisdictions require chickens to be kept in a predator proof coop. People were saying the roosters keep the owners alerted to predators. It is a good requirement that they stay in a coop on the property. The setbacks could have a little leniency. We were suggesting limits of 10 and some limited them far more than that with the number they are allowed to keep. What brought this about is we have a lot of VR-20s that aren’t the half acre in size. If we want to move forward it would be better to base the limit on some sort of measurable acreage. We are in the process of the MP amendment, and we can’t change zoning, but we can identify areas around town that need fixed to match the Zoning or vice versa. There will never be a consensus, He lives on a VR-20 and he wouldn’t want them by him and there are some properties that do and he hears the roosters and even turkeys. He advises personally that they don’t move forward with any of it.

Commissioner Lee

was in favor of this because of subsistence farming but the Master Plan is a big issue and there is a big conflict with VR-20 being zoned property. She thinks this should die at this point in time and finish the MP and address the VR-20 issues. Commissioners Turner asked if there are any outstanding code issues.

Mr. Waggoner

stated yes there are code compliance cases on VR-20’s with chickens.

Commissioner Tyler

stated one thing they were trying to accomplish is to allow something in an area where it currently isn’t allowed and yet that message was lost. Maybe they don’t truly want it there because we haven’t opened public comment and there aren’t many people here that aren’t staff. It is best they figure out the MP with VR-20 and revisit this issue.

Commissioner Turner

stated he agrees, and asked staff if they save it for later can it stay at this point so they are still close and he can add in notes so he doesn’t forget. Like recommendations and numbers to fix the problem. So when we come back it is already in the recommendation.

Mr. Waggoner

stated unless you are wanting to put them on the record, he can email them to him.

Commissioner Turner

stated he would like them on the record. He wants the number of chickens to be based off the number of residents on the property on ½ acre for example 6 chickens per person in the home. But to set a number.

Mr. Waggoner

stated there was an example in the backup he believes it is 2 per person in the household.

Commissioner Hayden

stated she has chickens and has a much larger lot. 6 is way too many per residents. She has 5 and they have more than enough eggs and they are giving them away to family and friends. Someone made the comment that they are taking the money out of their pockets, that means they are selling them, and she isn’t. She agrees it should be a predator proof coop and there is a huge fly problem so she’d not want to impose that on the neighbor and the setbacks should stay the same. She thinks 10 is too many and she thinks it should be 6.

Commissioner Turner

would like to see this brought back after the Master Plan has been discussed.

Commissioner Carbone

stated part of this was people being fined and summoned on the properties. He’d like to know what the Planning Director is going to do about that. Are we going to follow through for people having animals on the property.

Mr. Waggoner

stated we will continue to enforce the code as it is written today.

Commissioner Carbone

stated he hopes the sheriff understands what you just said.

Mr. Waggoner

stated luckily, she isn’t involved in it, it would be code compliance. As it stands today VR-20 or less doesn’t allow livestock or chickens.

Commissioner Carbone

stated they will have a lot of public comment on it.

Mr. Waggoner

stated there will be a lot less than you would if they recommend taking this forward.

Commissioner Lee

clarified that there is direction from the board to bring this back after the Master Plan is done. 13. For Possible Action – Text Amendment TA-6: Discussion, deliberation, and possible direction to staff regarding a draft Bill proposing to amend NCC 17.04.925.C.6, 17.04.925.J.4, 17.04.925.K.4 and 17.04.925.L.C by removing “personally delivering a copy of the written notice to the permittee” from the code and adding “the written notification may be sent to the permitee by personal service, registered or certified first class mail to the permittee’s address as specified on the temporary use permit application or by electronic delivery within the on-line application portal or via email.” (QM)

Mr. Osborne

stated the reason for this bill is for the Open Gov portal system we have now where applicants apply online electronically and notices get sent back to them online. They want to change it so it is done electronically email or through the online system.

Commissioner Turner

asked if the email system can be confirmed it is being opened.

Mr. Osborne

stated through Open Gov the notices are issued and it is all through there.