March 15, 2023

Ms. Nelson

stated it fails, because this isn’t a fully elected board.

Commissioner Lee

stated she turned in some minor typographical corrections to staff.

Mr. Waggoner

stated he would like to explain to everyone what the staff reports mean and what staff is doing by putting them together and coming up with a recommendation to the board. Per code they are required to make certain findings that dictate whether they recommend approval or denial. It isn’t a personal opinion it is completely based on the findings that they present to the board to make their decision. 7. a. For Possible Action – ZCMP-23-2: Public Hearing, discussion, and deliberation on an application for a (Minor) Master Plan Amendment of approximately 2.17 acres from Rural Density Residential (RDR) to Rural Development Area (RDA) for property located at 3620 W. Bell Vista Ave. Assessor’s Parcel Number 028-245-33. Top Notch Carrier LLC – Property Owner; Valerie Martel - Applicant/Agent. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for April 18, 2023, or as otherwise announced.) (AM) b. For Possible Action – ZCMP-23-3: Public Hearing, discussion, and deliberation on an application for a Zone Change to change 2.17 acres from Neighborhood Commercial (NC) to Commercial Manufacturing (CM) for property located at 3620 W. Bell Vista Ave. Assessor’s Parcel Number 028-245-33. Top Notch Carrier LLC – Property Owner; Valerie Martel - Applicant/Agent. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for April 18, 2023, or as otherwise announced.) (AM) c. For Possible Action – CU-23-1: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit to allow Mixed use developments for property located at 3620 W. Bell Vista Ave. Assessor’s Parcel Number 028-245-33. Top Notch Carrier LLC – Property Owner; Valerie Martel - 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.) (AM) d. For Possible Action – WV-23-1: Public Hearing, discussion, and deliberation on an application for a Waiver from 17.04.750 Lighting, 17.04.740 Landscaping requirements, 17.04.760 F. 1. b - Screening, Walls and Fences to allow 6 ft chain link fencing without opaque screening, and to waive 15.28.100: Unpaved Parking and Storage Areas for property located at 3620 W. Bell Vista Ave. Assessor’s Parcel Number 028- 245-33. Top Notch Carrier LLC – Property Owner; Valerie Martel - 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.) (AM) Amanda Marshall stated there was a noticing error with this item. The public hearing notices that went out had the wrong year and will need to be re-noticed and re-agendized.

Commissioner Lee

asked if the applicant has been made aware of this.

Commissioner Lee

asked if they are okay with moving this to the April meeting. Celeste Sandoval stated Mr. Ehrheart did speak with Ms. Martell and she is okay with it moving on, and if we can have a special meeting she would prefer that. With noticing requirements, the earliest they can have the meeting is April 3rd.

Commissioner Turner

asked if they know of anything that would keep the applicant from attending the April 12th meeting.

Mrs. Sandoval

stated she didn’t state she had any issues with going to the 12th as far as being there. Time is of the essence she has a tenant that want to move in, she still has to go to the BOCC and submit Site Development as well.

Commissioner Turner

asked if hearing it on the 3rd get it to the BOCC sooner.

Commissioner Meredith

stated she has a disclosure to make, she signed the petition, and it was done before the meeting. Stating she has no pecuniary interest in the property or business and no one in her family does. She hasn’t spoken to anyone in the last few weeks on this subject outside of signing the petition. She has no business relationships. Michelle Nelson, Deputy DA asked Commissioner Meredith if she will be participating in the item.

Commissioner Meredith

stated yes, she will be, she believes she can be unbias in the situation. Steve Osborne reviewed his staff report stating the applicant is wanting 159 residential dwelling units, the property is zoned GC and Master planned SPD. MF units are allowed with the approval of a CUP. There will be 29 apartment buildings at 5,000 sq ft and either contain 6 - 1 bedroom or 5 - 2 bedroom units. There will be 70 units will be 1 bedroom/1 bath unit at 800 sq ft and 89 will be 2 bedroom/2 bath at 1000 sq ft units. If approved the applicant will be required to submit a category I site development plan and start construction of the project by March 15th 2024 of the CUP expires.

Commissioner Lee

asked about the zoning history of the property.

Mr. Osborne

stated both properties were rezoned by the BOCC in 2007 as part of the comprehensive rezoning of Pahrump.

Commissioner Lee

asked if this needs to go through NDEP or DWR for approval if this is in Desert Utilities tariff area.

Mr. Osborne

stated he believes that would be handled through Desert Utilities.

Mr. Waggoner

stated it does have to go to NDEP and have the sewer and water line plans. The water rights are dictated by the tariff as long as the utility requires per their tariff it won’t have to go to DWR for approval of water rights. Page 4 of 15

Commissioner Lee

asked if they will be required to merge the two properties.

Mr. Osborne

stated yes, and that would be during the SD process.

Commissioner Lee

stated Condition of approval #9 states the applicant shall perform a stop warrant analysis at the Blagg and Simkins intersection, and asked for clarification of what that entails.

Mr. Osborne

stated that is a PW condition it is basically a review of the intersection for traffic and movements and studies what improvements may be required there.

Mr. Waggoner

stated he believes it includes the intersection of Hwy 160 and Simkins, Blagg and Simkins and possible another one as well.

Commissioner Lee

asked if this needs to go before the Water District Governing Board or because it is in a Utility Tariff area it doesn’t.

Mr. Waggoner

stated there is no code requirement requiring it to go before them.

Commissioner Meredith

asked how much of the $480,000 will Public Works take for streets out of that?

Mr. Osborne

stated that is the total of impact fees, streets, fire, police, parks and schools. So probably 80% of that.

Mr. Waggoner

stated $1298 per unit to be exact.

Mrs. Sandoval

stated she has additional back up that needs to be accepted into the back up.

Commissioner Lee

asked if because of the proposed size of the development is there any consideration of a development agreement.

Mr. Osborne

stated it is a possibility, but it is voluntary by the developer.

Commissioner Hayden

stated on page 2 under item 5. The developer is required to pay impact fees, is the $480,000 a onetime payment.

Mr. Osborne

stated yes at the time of the building permit they would pay the fee.

Commissioner Hayden

asked if after that the County picks up the additional costs for police and fire.

Mr. Osborne

stated yes, it is a onetime fee and no impact fees after that.

Commissioner Blackstock

asked if they will have any low flow items for the showers, landscaping etc.

Mr. Osborne

stated he isn’t aware of that, the applicant may be able to address that.

Mr. Waggoner

stated the water conservation plan would have to be followed. It addresses low flow fixtures and drought tolerant landscaping. And would be addressed through the building permit and site development process.

Commissioner Lee

stated Commissioner Tyler joined the meeting 6:33 pm. Page 5 of 15 Bill Cookston with Civilwise Services representing the owner, he stated the owner has read, understands and agrees to the special conditions. Including the stop study and will be part of the traffic study that will have to be done, he clarified when they originally wrote the intent letter it isn’t intended for section 8 or public housing. This is for affordable housing, the smaller units can be rented at a lower price. Regarding the Sheriff’s comment – it is going to be at least 300 total, he stated more than that. The units are one story, not any taller than an SFR, landscaping will be drought tolerant as well as the trees. The water rights are available to give to the utility company, there will be an increase in traffic, that is what the traffic study will show for the contractor to improve the area.

Commissioner Lee

asked what the annual acre feet of water usage will be.

Mr. Cookston

stated no, they didn’t prepare that for the meeting. He has been told water for apartments is 325-gallon range per day which is less than a SFR.

Mr. Waggoner

stated he believes the allocation per unit for MF is .34 of an acre foot per year.

Commissioner Hayden

asked who Mrkulic Investments are. Bobby Mrkulic with Mrkulic Investments LLC stated it is less than 40-acre feet of water rights that are needed for the entire complex.

Commissioner Hayden

asked what type of experience Mrkulic Investments have with this type of project.

Mr. Mrkulic

stated he and his father have been in business since 1996, they build custom homes, commercial buildings and 26 years in the construction trade.

Commissioner Hayden

asked if they have built anything this size.

Mr. Mrkulic

stated they are building right now 40 homes right now. They have a lot of people behind them and financial support and knowledge as well.

Commissioner Hayden

asked if they have references that could be made available to the committee.

Commissioner Hayden

asked if there are any proposed plans to what the units will look like.

Mr. Cookston

stated in the backup it shows what the layout will be.

Commissioner Hayden

asked if the parking spaces are next to the building.

Mr. Cookston

stated there are six units and the little strips are in front of that.

Commissioner Hayden

asked why 159 units.

Mr. Mrkulic

stated the north end of town is starting to grow and it is a good area because the schools are there as well as the nursing home, gas station and post office. Close enough to town and Hwy 160.

Commissioner Hayden

stated that is a lot of units in that space. She doesn’t know that the bus service can accommodate 159 units of additional people, there are no sidewalks, people drive like maniacs down Simkins. It isn’t close to any of the major stores. What is the difference between section 8 housing and low-income housing. Page 6 of 15

Mr. Mrkulic

stated this isn’t low income it is for middle class people. They will be 1-bedroom apartments roughly will be $950 a month and the 2 bed/2 bath roughly around $1100 a month. It isn’t for low income or section 8. This is affordable living for people. This is so the average middle class working families can afford the rent.

Commissioner Hayden

asked if any of the funding is coming from the Federal Government or grants.

Commissioner Hayden

asked if the proposed plan have any other amenities like a playground etc. Is this just apartment with parking.

Mr. Cookston

stated correct just apartments and parking, there is no laundry facilities because they all will have washers and dryers.

Commissioner Hayden

asked if there is any type of security for the site.

Mr. Mrkulic

stated there will be an onsite superintendent and property maintenance.

Commissioner Hayden

stated she lives near this proposed development and stated there is a spotted burrowing owl that lives on the property, and it is protected under the migratory treaty bird act.

Commissioner Meredith

stated what she is having a hard time getting past is the impact fee. She can’t get behind it, when she hears streets gets 80% of the almost $500,000, it won’t even cover a cost of a unit out the door. She feels that this may be a slap in the face to the fire fighters to do more work. She asked how the developer will help us have the conversation as a community with the fire fighters to make them understand that this won’t cause more work.

Mr. Cookston

stated part of the problem that he sees is that the developers come in and follow the rules that are laid down by the county code and pay the fees that to build. The comments are noted, and he stated whatever the number of people are coming in there are SFR’s that are being built that are also paying the impact fees.

Commissioner Meredith

stated she thinks the new housing and development should be on pause until we get our public safety figured out.

Mr. Waggoner

stated for clarification out of the total impact fees per unit $1298 goes to streets. The rest goes to police, parks and fire. It is nowhere 80% more like 40%. That is where a development agreement comes in, you can’t condition this to be required but could be a suggestion. That is how the offset could be addressed. Staff reaches out to the Sheriff, the School, Public Works and Fire Dept., our due diligence is being done.

Commissioner Turner

stated for clarification the current section 8 voucher for a 1 bedroom including electric is $939. For section 8 to be allowed in those units the price would have to be $840. He asked if the developer plans on keeping the price of the units above the section 8 line.

Comptroller Savannah

Rucker added, "The infrastructure is aging and there have not been capital investments year-over-year to keep the facility up to date. So not only would the purchase be a substantial out of pocket cost, we'd also be dealing with capital investments that could drive the utility rates up for that particular utility." Commissioner Bruce Jabbour stated, "Even if they were to give this to the county, we'd already be in the negative ....... " I suggest that this utility is not in any shape to service 217 more houses without a lot of upgrades. Adding 50% more stress to a utility that the county wouldn't take for free can only lead to disaster. Please keep this in mind as this request for approval process proceeds. Joan Ryan stated she along with Sheriff McGill and many others oppose this application. North Canyon Homes just up the street was approved for no more than 2 homes per acre on 16 acres. What makes sense to allow 159 units on 12.5 acres. That amounts to 12.72 households per acre. That is an impaction, she moved into a neighborhood of SFRs and would like it to stay that way. It would drop the property values, huge increase in traffic, high noise levels, crime and drugs that come along with low-income housing. John Koenig stated his dissatisfied with the application. He reviewed the definition of CUP out of NCC. When something states permissive with a CUP, that isn’t permissive. When you put it “with” something it no longer is permissive. He reviewed the findings as outlined in NCC and staff’s comments in the staff report pertaining to those. He stated the general vicinity is rural residential mostly 1 plus acre plots with stick-built homes, it is changing something. There are stick built homes directly across the street, and a stick built subdivision a quarter of a mile down the road. He strongly disagrees with staff’s comments that it is an improvement to the area. He stated our sheriff disagrees that it will be adequately serviced by public services. The Sheriff states with the increase of residents it will undoubtably increase the calls for services for law enforcement and traffic. He guesses the small fire department on Harris Farm will probably want to get bigger. He highly recommends they deny the application. Jim Petell stated he stated they don’t want this in their back yard, they have a problem with the public health, safety and welfare and talked about the two schools that are being impacted with the children which are the most important assets in our lives and community. The commercial entities around the area will have to include their impacts by building bigger places to serve the public that will hamper the community. He is about 3 miles north and he desperately doesn’t want to watch a possible conundrum that will happen. This place doesn’t have walls to keep people from coming in and out, it doesn’t have gates and lights like other developments that have passed through the RPC. He opposes the entire thing. Maryann Hollis stated she doesn’t live near this development and her first experience on how things go and who the players are was based on the last development that went through. She heard the same thing that they didn’t mean that it was low-income, and she is hearing that now. What bothers her is how it got to this point. She stated the presentation tonight was unprofessional and juvenile. She did some research on Mrkulic and they are into a lot of things, investments and housing. Their address supports three licenses to do business under different names. This development is for times the size of the largest complex which is out on Homestead and Dandelion. She feels badly for the residents that abut this. The letter submitted says low income households, the figures from Desert Utilities she will leave that to the experts. She opposes this application. Helene Williams stated she is the chair of the Water District Governing Board. The USGS estimates the average person uses 100 gallons per day, for indoor home use only. Using the 477 persons estimated by the Sheriff they have to remember many homes with 2 bedrooms there are always more than two children in those rooms. After all the math 477 persons at 100 gallons per day comes to 53.5-acre feet. That isn’t what these documents say. This doesn’t have to go to the Nevada State Engineers office and is taken care of by an agreement by the owner of the rights, and that has in her understanding with the conversation she had with the manager of Desert Utilities need to be increased. Page 9 of 15 Sam Jones stated the Commissioners two years ago made Nye County a sanctuary county for the Bill of Rights. They don’t want this kind of stuff here, send it back to Vegas and let them build in Vegas. The sheriff’s office and fire department have a hard time now dealing with their jobs now. They are going to have this as affordable housing or section 8; however, they want to word it. It isn’t’ for Nye County or Pahrump. He wants the board to vote no on this.

Commissioner Lee

stated there is additional back up for the item.

Commissioner Turner

stated one thing good he saw about this and what this community needs is for the single parents and retirees who are on a state income. That is the promise he saw with a development like this. He understands both sides. He runs Access Realty and doesn’t have anything to do with this project whatsoever but sees the rental prices and right now there are no one bedrooms and there haven’t been for over a year and a half. So the retirees on state income and social security where their money goes down to the dime he is trying to find something like this to help them, this showed promise. There are two sides and he has taken this into consideration.

Commissioner Lee

stated she agrees with several of her colleagues on the board. They do need some type of housing, it is an issue and this an awfully intense, dense project and this kind of density comes with a subdivision. When we have this type of subdivision it comes with a Development Agreement or they can have one with it that gives them the mechanism to talk to and work out the requirements with the FD, the Sheriff, School District and various other agencies. With a subdivision comes a Subdivision improvement agreement and a bond for those things and this project doesn’t have that. She stated struggles with how we will have those assurances and adequality address the Sheriff, the Fire Department and emergency responders and infrastructure.

Commissioner Turner

asked if there is a line that hits a subdivision.

Mr. Waggoner

stated what he believes he is asking if there are provision in the code regarding subdivisions. There are provision in the code that if they go for zoning less than VR-20 which is a ½ acre they are required to do a development agreement for anything smaller. This development they aren’t subdividing anything.

Commissioner Lee

stated the code doesn’t address density.

Commissioner Turner

stated he was wondering if there was a density max that once it is hit it requires a subdivision plan or agreement or something similar to.

Mr. Waggoner

stated not at this point, no.

Commissioner Turner

asked if that is something that can be done.

Mr. Waggoner

stated it isn’t in the code today as a requirement based on density unless you are doing a subdivision and subdividing the property. But maybe a suggestion that can be made after this.

Commissioner Hayden

stated she is in agreement with the colleagues on the board that she isn’t opposed to helping people and can appreciate it being single family or elderly on a fixed income, but you don’t stick them in the middle of nowhere. There are no sidewalks, there aren’t a lot of supplies at Horizon Market to shop from and it is out of character with the existing neighborhood. If we are going to help these people, lets Page 10 of 15 put them somewhere in the center of town where they can walk to the places they need. She doesn’t think a turn lane will be enough for that volume. This is an awful lot of people in a small amount of space.

Commissioner Tyler

has concerns about the development itself she has concerns that there isn’t a lot of public open space that isn’t dedicated to detention basins and other things. With no curb and gutter and not real amenities you are putting a lot of people into the acreage without giving them other opportunities. She doesn’t believe this is a good location for the project.

Commissioner Blackstock

stated the density is too high and the water usage will be higher. He doesn’t know how this will impact the outdoor wastewater plan they have either.

Commissioner Lee

asked Ms. Nelson if those were sufficient findings.

Ms. Nelson

asked if they could take a 5 – 10 minute break she can go over with the Commissioner to establish findings. Meeting went into recess at 7:43 pm Meeting reconvened at 7:53 pm.

Ms. Sandoval

stated Commissioner Meredith had a motion on the table if we can get that withdrawn.

Commissioner Meredith

withdrew her previous motion.

Commissioner Lee

asked Ms. Nelson if those findings were sufficient.

Commissioner Tyler’s

motion was Seconded by Robert Blackstock.

Commissioner Turner

asked about the nonconformance issue. Page 11 of 15

Mrs. Marshall

stated the parcels were created in 1970 and the MP was applied in Dec 2014 and the GC zoning district applied in 2007. When those were applied the MP didn’t match the zoning at that time either.

Commissioner Lee

asked if this was approved would the applicant be required to update the MP designation.

Mrs. Marshall

stated that wasn’t placed in the waiver requirements as it was something when the MP and Zoning were created. Bill Cookston with Civilwise Services, representing the applicant, stated he is proposing to gravel the drive aisles instead of paving and instead of a block wall he would like to use the non-mesh privacy slats. Robert Little – Property owner.

Commissioner Tyler

asked the applicant if they want to use connex boxes or storage containers to be used in lieu of an actual mini storage building.

Commissioner Hayden

asked the applicant why he doesn’t want to pave.

Mr. Little

stated it is better for the environment to use #2 gravel, he is going to combine the three parcels into one, and frontage road that runs parallel he will pave and the two drive aisles that lead to his property line and the aisles between the buildings will be gravel.

Commissioner Blackstock

asked if the Masterplan Amendment should be done first.

Mr. Waggoner

stated the MP issues isn’t his issue, zoning doesn’t match the MP that is there. It is just something done back when the MP was adopted. It isn’t a burden on the applicant to fix, but for us as we are updating our MP.

Commissioner Blackstock

stated he doesn’t think there should be type 2 because there is going to be a lot of drainage. Hard surface is a lot better especially in a storage area. The block wall is a visual thing, who wants to look at connex boxes through a chain link fence.

Mr. Cookston

stated with the type 2 if you pave the whole thing you will have the water drain off the property. The gravel lets the rainwater absorb back into the ground. The privacy fence is a non-mesh privacy and would have a blockage from seeing the connex boxes.

Commissioner Hayden

asked how tall the fence will be.

Mr. Little

stated it will be between 5 ft 11” and 7 feet depending on what the County likes. The storage containers are 8 ft tall.

Commissioner Hayden

asked for clarification that the slats will be in the fencing.

Commissioner Hayden

asked if there will be landscaping?

Mr. Little

stated yes, they can put some drought tolerant landscaping.

Mr. Cookston

stated they haven’t submitted the site plan to the Planning Department yet. Page 12 of 15

Mr. Waggoner

stated landscaping is a requirement as part of the development standards and it has to be included in the plan since it isn’t being requested to be waived.

Commissioner Turner

asked what they did with the last one they approved, was it for a partial block wall where residences were?

Mr. Waggoner

stated that doesn’t have anything to do with that application be he doesn’t recall. NCC requires a block wall for any property line that abuts a residentially zoned property.

Mr. Cookston

stated the intent was to have slatted chain link all the way around the property.

Mr. Waggoner

stated which would require the waiver of the block wall. The only part you are asking a waiver from is the requirement of a block wall at the back of the property that abuts the residential property. The sides are commercial and don’t require the block wall.

Commissioner Hayden

asked staff what best supports the large containers. Is type 2 gravel going to be sufficient.

Mr. Waggoner

stated he isn’t an engineer and couldn’t answer that.

Commissioner Tyler

stated in regard to Ms. Jones questions, that isn’t within the Planning Commissioner purview because they aren’t engineers. Her bigger concern regarding the project isn’t the type 2 it is that they are shipping containers on Hwy 160. When tourism returns they get 750,000 tourists that turn at Bell Vista to go to Death Valley, she doesn’t want that to be considered as an appropriate design standard on our highway or chain link with slats that also deteriorate with the sun.

Mr. Waggoner

stated there is an industry in town that has a retail business on Hwy 160 that have been required to build warehouses to get rid of their shipping containers from the Highway.

Commissioner Tyler

stated it doesn’t seem fair for them or the BOCC to require that industry to get rid of those and allow it for another industry.

Mr. Cookston

stated the owner’s intent is to put the connex’s on top of slabs.

Mrs. Marshall

stated for clarification that the use is permissive use on the property. The only thing they want a waiver for is the type 2 drive aisles and the fencing instead of a block wall at the rear of the property.

Commissioner Turner

asked if shipping containers are a permissive use for storage? Page 13 of 15

Mrs. Marshall

stated that would have to go through the site development process and be approved on their site development plan.

Mrs. Medici

reviewed the changes made in Chapter 6 and stated it was sent to the WD for their review and received an email back from Mr. Weeks that they were not in a position to support or oppose the proposed language. DWR is currently reviewing Basin 162 yield and recharge numbers with the DA and the BOCC. For general knowledge they do have Air Quality Compliance where they take in complaints and do inspections. The Streets and Highways CIP and the Nye County Streets and Highways plan are being reviewed and updated currently. In 2020 Nye County became a community technical partner with FEMA for the Pahrump Phase I Risk Map project and work began in 2021 and is scheduled to be completed in June of 2023 and then the document will be sent to FEMA for approval. There will be a public hearing when that is completed, and new flood maps wouldn’t be available till 2025. The renewable energy section is currently under review at the BOCC.

Mr. Waggoner

stated the BOCC has asked them to map out the solar farms, and they haven’t done much on this section.

Mrs. Medici

stated she updated the Pahrump population numbers from the state demographer. She has added information about order 1293 and 1293A. She stated that currently there are no municipally operated water and sewer systems in Pahrump. She added information about the Water Districts water measurement level program. She reviewed the changes in the goals, objectives, and policies in the draft document. They have moved some from previous chapters to the water section because they made more sense there.

Commissioner Blackstock

stated he thinks they need to have a legend in the document with the acronyms. In the water section there needs to be an emphasis on the water coming from one spot. Page 21 - the recycled water needs to be looked at and see if once treated it can be used for dirt work. Page 3 of 22 – historic FIRM panels what is that. Project descriptions on page 4 of 22 – aerial mapping he stated a flood event can change the maps.

Mrs. Medici

stated it is Flood Insurance Rate Maps.

Commissioner Lee

stated page 20 of 22 on goal #12 – regarding water master planning. Are any of these things that need to be incorporated into findings when reviewing applications for CUPs zone changes or different type of developments. She believes it is something we should start bringing into findings.

Mr. Osborne

stated they could always change what the required findings are and add some of these into that.

Mrs. Medici

stated they are still on task to bring the complete document back next month. Page 14 of 15