December 14, 2022

Commissioner Lee

stated she submitted some minor typographical errors to staff.

Commissioner Carbone

stated he is looking forward to the items to be heard by the BOCC. b. Director’s Report

Mr. Waggoner

stated total planning applications received for November was 140 which was 58 less than last month. Total applications processed was 72 which was 20 less. As of July 1st there have been 901 planning applications received and 152 new code complaints, compared to 869 planning applications and 152 code compliance complaints for same period last year. Building Department had 11 Single Family Residence permits which was a decrease of 8, MF was 0. Total permits all categories was 115 which was a decrease of 107, total inspections was 419 which is 53 less than last month. As of July 1st, there have been 110 SFR permits compared to 165 for this same time last year. Code compliance 18 new complaints 18 less. Closed 22 which was less than last month. An explanation on the Code Compliance complaints is that they have reimplemented the citation process instead of sending the cases to the DA’s office. The review process there could take 9 months to 1 year and we are seeing more things brought into compliance with the citation process. ZCMP-22-12 heard by the RPC 10/12/22 and recommended for approval, it was heard by the BOCC on 11/15/22 and was approved. ZCMP-22-16 was heard by the RPC 10/12/22 and recommended for approval, it was heard by the BOCC on 11/15/22 but needed re-agendized so that the BOCC could go with the staff recommendation of SE. It will be heard on the 12/20/22 BOCC agenda. ZCMP-22-17 and ZCMP-22-20 were heard by the RPC on 10/12/22 RPC and heard by the BOCC on 11/15/22 and requested an continuation due to an appeal being filed and both items will be heard on the 12/20/22 BOCC. ZCMP-22-21 was heard on 11/6/2022 RPC was recommended for approval and will be heard by the BOCC on 12/20/22. TA-7 amending title 17 section 17.04.920. TA-16 amending Title 17, section 17.04.110 definitions and 17.04.915 Waivers and special exception procedures these items were heard by the RPC and recommended to the BOCC for approval and heard by the BOCC on 12/6/22 and were approved, TA-17 amending title 17 chapter section 17.04.210 removing solar photovoltaic in RH-9.5, heard 11/9 by the RPC and recommended to the BOCC for approval and will be heard by the BOCC on 1/3/22. SITTING AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE

Commissioner Carbone

asked when the finished product will be done.

Mr. Mulvey

stated he believes they are about 30% done and he isn’t sure when they will get a draft. It took a while to get the contract in place and it has been about 3 months to get to where we are. Page 2 of 11

Mr. Waggoner

stated this may affect updating some of our Master Plan information.

Commissioner Turner

asked if it is for just horses or other livestock. Katherine Michellini stated it is mainly for horses.

Commissioner Turner

asked if it is short term or long term, what is the average stay?

Ms. Michellini

stated it is daily, monthly, or weekly.

Commissioner Turner

asked if they will be doing any stabling and caring for animals or riding lessons?

Ms. Michellini

stated she hopes to get into riding lessons later but just boarding right now to get on her feet.

Commissioner Lee

asked for clarification on the statement is tis mainly for horses and asked what other animals she plans on boarding.

Ms. Michellini

stated she doesn’t have any idea at this time.

Commissioner Lee

asked staff if they have to provide commercial water rights and commercial septic. Or because there is a residence on the property it will stay residential.

Mrs. Medici

stated it is her understanding it will remain residential.

Commissioner Lee

asked how the applicant will handle the manure.

Ms. Michellini

stated she has a man that comes and hauls it away and uses it in his garden and a gentleman down on Basin that is top soil and hauls it away weekly.

Commissioner Lee

stated in the justification letter it states she is looking to board 15 horses.

Ms. Michellini

stated she doubts it would get to that maximum amount. Page 3 of 11

Commissioner Lee

asked if she has read, understands and agrees to the conditions of approval in the staff report.

Commissioner Lee

asked if they added a condition maximizing horses to 15, per her letter would it be amenable.

Commissioner Lee

stated the site plan shows parallel parking along Harris Farm Road?

Ms. Michellini

stated it is on the property.

Commissioner Lee

asked staff if that is in compliance with development code.

Mrs. Medici

stated the property would need to go through a modified site development.

Commissioner Lee

asked if she has been inspected by Animal Control yet?

Commissioner Lee

stated that is a condition of approval that she gets licensed and inspected through them.

Commissioner Turner

asked if they put on the condition of 15 horses can they add more.

Commissioner Lee

stated they can come back for a reconsideration of conditions of approval.

Mr. Waggoner

stated the applicant is requesting a reconsideration of conditions of approval relating to the RPC approval of CU-22-7. The applicant is requesting to change three of those conditions. Staff does not concur to remove the condition for the category II Site Development Plan. The second request Page 4 of 11 was already removed by the RPC during the CUP approval. The third request to delete the automatic expiration removal, this is standard language within Nye County Code.

Commissioner Lee

asked if there has ever been an instance where they have waived a site development requirement.

Mr. Waggoner

stated no. Michael Selbach applicant stated the main reason he came back was because the original document that was concerning to him. For the CUP category II site plan they had less than 30 days to get it done. There was a date for the DMV paperwork as well. That was their biggest concern that they wouldn’t hit the timelines. He is okay with the changes showing and he questioned the condition of the 6-month report and the annual report after that.

Mr. Waggoner

stated that is just a letter from the applicant addressed to planning addressing what the status of meeting the conditions is.

Mr. Selbach

stated he is fine with that and as long as Planning staff helps walk them through the Site Development, he is fine with the changes.

Commissioner Lee

asked since the deadline for the SD application has changed, would they need to motion to accept that.

Mr. Waggoner

stated they did adjust that because of the process and asking for the reconsideration and tried to accommodate for that. It may be a request for the DA.

Commissioner Turner

asked if the motion is to change the condition for the deadline of the submittal?

Commissioner Lee

stated yes, changing condition #2 to April 21st, 2023.

Commissioner Turner

motioned to approve CU-22-27 amending condition #2 changing the date to April 1st 2023 and based on findings outlined in the staff report.

Commissioner Lee

stated he needs to make his findings because staff is recommending denial of the items requested.

Mr. Waggoner

stated if we aren’t granting those changes, they are asking but modifying one of the conditions it needs to be clearly stated what you are approving. What you are trying to approve is what they applied for.

Commissioner Turner

stated he is approving to amend condition of approval #2 extending the date to April 21st, 2023 based upon the delay of the process.

Commissioner Lee

stated there are findings that need to be addressed in the staff report. Meeting went into recess at 6:47 pm to discuss the motion and findings. Meeting reconvened at 6:53 pm.

Mr. Waggoner

stated this is for an extension of time for an additional 12 months to obtain approval of SD and begin construction of the permanent building for the fireworks storage. In April 2022 the RPC granted an extension at that time. The original expiration date of the CUP was May 15, 2022 and the expiration date of the 1st extension of time was November 15, 2022. Applicant is asking to extend to November 15th. Staff does not support a 12-month extension but does recommend a 6-month extension. Tony Celeste agent for the applicant stated the 6 months extension is agreeable. He stated if appropriate they can agree that this is the last extension of time requested, in light of condition #16. He thinks they can get there with getting the SD approved and building permits pulled. In the last 6 months they have done the mapping to consolidate the parcels. They have had issues with the landlord who was out of state, and it was in probate so it delayed them obtaining the long term lease which has now been taken care of.

Commissioner Lee

asked what the current status of the Site Development is and if it has been submitted.

Mr. Celeste

stated yes, it has been submitted.

Commissioner Lee

stated the justification letter states no fireworks are being stored at the site and asked where they are being stored. Kelly Mendenhall representing Phantom Fireworks stated the fireworks are in the building on 921 S Hwy 160. There is a small area where they hold minimal fireworks.

Commissioner Turner

asked if all the bids have been received for the building.

Commissioner Turner

asked if the 6-month extension is backed by findings.

Mr. Waggoner

stated that was for the first extension approval. This application staff is recommending denial. If the board wants to approve this extension, then you would have to make findings to support the approval. Staff’s findings in the staff report are for denial.

Commissioner Lee

referred to the DA’s office for clarification if the finding stated is sufficient. Michelle Nelson stated the finding is sufficient. Page 6 of 11 Motion seconded by Walt Turner. Motion passed unanimously.

Mr. Waggoner

stated we codified some regulations for mobile food vendors that are in compliance with the State regulations and brought to our attention by the State Health Inspector and we have modified our code to mirror what is in NRS for these businesses. We can’t go less stringent than what is stated in NRS.

Commissioner Carbone

asked if we have to specifically name balloon festivals and fall festivals. This locks us in.

Mr. Waggoner

stated it could say special events and festivals.

Commissioner Tyler

stated instead of specifically naming them state a special event requiring an event permit.

Mr. Waggoner

stated they can try and reword that before they go before the BOCC.

Mr. Waggoner

stated we do have a definition for special events in this draft. If we do change the language to be more specific to special events, then the events themselves we would be fine. These are NRS requirements, they are terms by the requirements of the licensing of the state, and they have to abide by them. We can make it more stringent, but we cannot go less stringent than NRS. It is not within the county’s purview to go less stringent than state law.

Commissioner Lee

agrees with Mr. Waggoner. Based on the special events being defined do they want to change it to must be a special event and obtain approval from the Environmental Health Specialist.

Ms. Nelson

asked Mr. Waggoner how we will differentiate between a special event and a temporary food establishment. Page 7 of 11

Mr. Waggoner

stated a special event gets a permit from the BOCC. Any vendor whether selling windchimes, or food have to get a permit from the TOP for those events. He understands what DDA Nelson is stating but he doesn’t see the need for the temporary food establishment local event definition to be there. He would recommend to strike it and leave the special event.

Commissioner Turner

asked if there is a definition or restriction on how far they have to move. Do they drive around the block and come back and be there for another three hours.

Mr. Waggoner

stated regarding the locations it is more of a concern they aren’t trespassing on private property. They need to have permission to be there and technically they can’t be in the ROW.

Mrs. Medici

stated staff has went through Chapters 3 & 4 and reviewed the comments from when they brought this to the RPC in 2019 and then reviewed chapter 3 and those track changes shown in the back up.

Commissioner Turner

asked if other than transmission lines are there any other examples of above ground utilities. It was removed out of goal 5.

Mr. Waggoner

stated objective A they completed so it is no longer a goal.

Commissioner Turner

stated he is wanting what examples of above ground utilities are.

Mr. Waggoner

stated that is defined in our code.

Commissioner Lee

stated we are only on chapter 3 we haven’t gotten to chapter 4 yet. Tim Bohannon stated this chapter is very helpful and does a decent job of explaining who we are and what is going on.

Commissioner Lee

asked if they are looking for direction to move this forward to the BOCC or bring it back.

Mrs. Medici

stated they will be bringing this back once all the chapters are complete. Chapter 4 – Page 8 of 11

Mrs. Medici

reviewed the track changes in chapter 4. Added in how the PRPD and Planning Commission came to be. There was discussion on page 5 for the CIP funding sources, staff discussion was possibly moving the CIP from chapter 4 to chapter 3 where it made more sense. The YMP has been removed form the MP since there isn’t anything moving forward with that. They will be modifying the first map and the BLM disposal section of the chapter to get in line with what they have proposed and asking for.

Commissioner Carbone

asked for clarification on what the statement was for modifying what they are asking for.

Mr. Waggoner

stated through the lands bill that has been submitted. A lot of the information submitted is based off the 1998 RMP. They need to update this, so they are in line with what the county is asking for.

Mrs. Medici

modified the conformity table and moved it to a different table format and reviewed the modifications to the goals and policies.

Mr. Waggoner

stated there had been a desire to change the masterplan table more user friendly for the general population.

Commissioner Lee

stated she appreciates the changes and is glad its color coordinated with the masterplan categories on the map. She asked if on figure 4.1 if anyone uses the grazing allotment on the BLM Map.

Mrs. Medici

stated that is a good question.

Commissioner Lee

page 11, paragraph A, sub paragraph 1, BLM multiple use area it talks about renewable energy projects. We are investigating ordinances to prevent those from locating in town boundaries. Because town boundaries and BLM land can sometimes differ and be independent of each other, we don’t need discussions around that section or addressing renewable energy projects?

Mrs. Medici

stated as it relates to BLM lands that is a discussion for when we come back after she has met with NRO and updated verbiage.

Commissioner Lee

stated page 12 paragraph B, low density residential does it make sense to have LDR to be everything from ¼ acre to 1 acre? 10,000 sq ft is vastly different from 45,000 sq ft. since there is such a difference in an acre and ¼ acres. Does it make sense to move one in a different direction?

Mrs. Medici

stated there is more room for discussion there.

Commissioner Lee

asked do we use the buildout for comparison for anything other than guiding for the Masterplan.

Commissioner Lee

stated same page, goal #1 policy 2 do we have any designated heritage areas or how do we identify those.

Mrs. Medici

stated they don’t know where this came from and she will look into it.

Commissioner Lee

stated page 20, goal 6, policy 2 she would like some stronger language on signs. To eliminate the cluttered and unattractive streetscapes. The only way to prevent the cluttered and abandoned signs after business are closed is to get stronger language. Page 9 of 11

Mr. Waggoner

stated he agrees but can’t seem to get past some individuals.

Commissioner Turner

stated on page 2 under growth under the Pahrump valley on the part added about the pandemic, was the source referring to the economy as the whole of Pahrump. He has data tables that say a lot different.

Mrs. Medici

stated she would be interested in seeing that.

Commissioner Carbone

asked if they have talked with the Finance department regarding the ARPA money, they paid a lot of utilities through the process.

Mr. Waggoner

stated with this amendment is important to establish goal to work towards but point out successes that have been made.

Commissioner Blackstock

asked if the zombie lots could be set up to talk to the utility companies to put in the utilities instead of taking a ROW from somewhere else?

Mrs. Medici

stated the OS lots they are talking about are in the zombie subdivisions where there are no water and sewer etcetera. She did find some where one company has purchased 8 or 10 of the OS lots and didn’t realize what they were.

Mr. Waggoner

stated he understands what Commissioner Blackstock is saying but feasibility for those uses isn’t there. It wouldn’t be an incentive for them to purchase it. A lot of the properties they are talking about designed and subdivided that way for drainage features that are there if the county were to ever have a flood improvement impact fee established, we’d be able to utilize those properties for that purpose.

Commissioner Turner

asked if this replaces the zoning district sheets that show the uses.

Mr. Bohannon

stated one concern he has is that some properties don’t have utilities and are sitting dormant, not just the smaller lots. He sees a need for making sure we know what is happening at the Water District and it aligns with what the message and feedback is from the Water District. Ammie Nelson stated the first three LDR, RDR and HDR and can have zone changes to put them into the next 8 categories. Everyone in the purpose has included renewable energy and that is something everyone she knows is against it in residential or in our community and should be looked at and eliminated. There needs to be a moratorium on solar projects including in the Master plan and save the community from what is happening.