September 13, 2023

Commissioner Lee

stated she turned in a few minor comments to staff.

Commissioner Koenig

stated he turned in a few too, he added an acronym to the list. He questioned if we had two meetings in August, these minutes say July 12th. Brett Waggoner stated we had two meetings in August. Page 1 of 12 Marla Zlotek stated she would like clarification regarding are they discussing the August 9 and August 30 meeting.

Commissioner Koenig

stated yes, but the back up states July 12th on the top.

Ms. Zlotek

stated they can proceed.

Mrs. Medici

reviewed the text amendment stating they are removing the date and just keep it as the Pahrump Regional Planning District Master Plan Update. Once approved at the RPC it will move forward to the BOCC for final action.

Commissioner Lee

stated 17.04.30 I.1.c – Major Master Plan Amendments it lists specific dates when it has to be heard 4 times a year. Have we had any issues meeting those dates or has it delayed anyone.

Mrs. Medici

state the first Major Master Plan Amendments have been the ones that are being heard tonight so it is all good.

Commissioner Koenig

stated every time we have one of these come up we always waive paving. He agrees that if we want to waive something every time, we should probably change the code. The problem with changing the code is, if someone put this in the middle of town he’d want it paved but putting it way up on the fan, no one will ever see it. He agrees it should be screened because the property behind it is residential. He doesn’t agree that it should be paved.

Mr. Waggoner

stated for clarification the RPC doesn’t have a history of waiving paving requirements. It has been waived in the past but doesn’t typically come from this board.

Commissioner Lee

stated they have been appealed and it is the County Commission that overturns the decision.

Commissioner Turner

asked if there is a certain portion of improvement that triggers paving or is that if anything is added, if it has been operating as is.

Mr. Waggoner

stated the original site was done before zoning, it would be grandfathered but once you expand it you then have to abide by the code. The part that is operational now is on one parcel this development is on the parcel next to it, which has a different driveway into it. It is an expansion of the business but new development on another parcel.

Commissioner Koenig

stated we should either change code or stop approving waivers of the code.

Commissioner Carbone

stated they need to look at each area where they are waiving it, if it is in town they are probably more strict then they are on the outer balance.

Commissioner Lee

asked if there any requirements to merge the parcels into one. Or are they fine independently?

Mrs. Marshall

stated there is no plan too. Paul Lindquist, property owner, stated he owns Storage Ventures and operates as A Payless Mini Storage. The storage business has operated for over 20 years, they are at the end of the road on Basin and the last business. They aren’t changing the use, just adding additional storage units. They are adding elevated solar platforms to allow vehicle storage under them. They aren’t changing any uses they are adding elevated storage platforms which will have paving under them, and just asking for gravel for the driveways. They are asking for a waiver of landscaping, paving and parking. There is no need for landscaping, there are already gravel driveways, and there is existing paved parking spaces. Not granting the waivers would be a financial hardship for him and his company.

Commissioner Turner

asked if the raised solar panels are just a carport with solar on top?

Mr. Lindquist

stated it is 14 ft high and the solar is the roof.

Commissioner Lee

stated there are no dimensions on the drive aisles for the new units. She asked if the 4 storage units will have access on one side or will it have access from both sides and what the drive aisle width is. Bill Cookston stated if you look at the size of the buildings there, if you place a building one above and one below that is the size of them and but there is a slope in there. They will be slightly split and the drive aisles will meet code.

Commissioner Lee

asked what the drive aisle width is between the buildings.

Mr. Cookston

stated he doesn’t remember the distance, there is a minimum.

Mr. Lindquist

stated 21. Page 4 of 12

Commissioner Lee

asked if there will be one way or two-way traffic through the buildings.

Commissioner Lee

stated then it needs to be 24 feet.

Mr. Lindquist

stated he doesn’t have the dimensions in front of him.

Commissioner Lee

asked if they have encroachment permits for the driveways.

Mr. Cookston

stated he doesn’t know. They were there probably before they made them get permits. But if needed they will get them. The plan is to pave the encroachment.

Commissioner Lee

stated then they will need to get them. They are going to pave under the RV storage, correct.

Mr. Cookston

stated if you look at the -02 property where the vehicles are on the left side, that is where the raised platforms will go for storage underneath. So that is what he is paving and not wanting to pave across to the back of the building.

Commissioner Lee

stated Mr. Lindquist stated he was going to pave the parking areas under the platforms.

Commissioner Lee

asked how the vehicles will come in.

Mr. Lindquist

stated they will come in between the two buildings, and they make a left and come to the units.

Commissioner Lee

stated in the past they have made applicants pave the drive aisles that come in.

Mr. Lindquist

stated that is part of the waiver. But they will have paving under the elevated solar platforms. They don’t have a lot of dust because they don’t have people coming in and out all the time. It has been gravel for 20 years.

Commissioner Lee

asked the applicant if they have read, understood, and agree to the conditions of approval listed in the staff report.

Mr. Cookston

asked if they are talking about the special conditions.

Commissioner Lee

stated the special conditions of approval.

Mr. Lindquist

stated he plans on moving forward and how long it takes to obtain building permits isn’t up to him. And stated yes, he agrees to those conditions.

Commissioner Turner

asked for clarification on the left-hand property, they show 4 skinny ones. Is there going to be 2 pathways or 3 pathways.

Mr. Lindquist

stated two drives in between, one on the North and one on the South side. There will be 4.

Mr. Cookston

stated the buildings will be close enough you can’t drive through them.

Mr. Waggoner

asked on the -03 parcel how do people enter that parcel.

Mr. Lindquist

stated there is a gate on that parcel. Page 5 of 12

Mr. Waggoner

stated that is what they are referring to on the site development that you will do a paved apron into that gate.

Mr. Cookston

stated the encroachment.

Mr. Waggoner

asked for confirmation that people aren’t accessing the storage sheds through the two properties.

Commissioner Lee

asked for clarification that they are asking for a waiver of asphalt drive aisles, and parking but they stated they will pave parking,

Mr. Lindquist

stated he already has paved parking. He doesn’t know that he needs a waiver for parking since it is existing.

Commissioner Lee

asked if there is any other parking they will pave?

Mr. Waggoner

stated there is a parking requirement for mini storage facilities, and they do meet it.

Commissioner Lee

stated the second part of the waiver is for landscaping and screening.

Commissioner Carbone

stated the applicant said they’d screen so they may want to consider that.

Mr. Waggoner

stated for clarification screening is a block wall, it specifically states that chain link with slats doesn’t constitute opaque fencing. So, they would have to waive that even if they were to require slats over the block wall.

Commissioner Turner

asked for clarification that if it is a nay vote it gets shot down it is dead there and if it is an aye vote they can appeal to the BOCC.

Commissioner Lee

stated the way the code is written is that anyone aggrieved by the decision of this board can appeal to the BOCC. Whether it is the applicant, a neighbor or someone else for either way the vote turns out.

Commissioner Lee

stated that the motion failed.

Commissioner Carbone

stated he doesn’t believe there is anything in the policy and procedures that state they can do another vote, so he believes they are done.

Commissioner Lee

stated they have the right to appeal that to the BOCC.

Ms. Zlotek

asked for the item to reopen and clarify the vote and motion. The motion was to deny. If they want to agree to deny it then the vote should be aye. Can we redo the motion and vote.

Commissioner Lee

stated if they are voting in opposition of the motion it is nay, if you are voting in favor of the motion to deny the vote should be aye. Page 6 of 12 Motion: deny WV-23-8 based on findings outlined in staff report, Action: Deny, Moved by Gina Meredith, Seconded by Leah-Ann DeAnda. Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = 0). Yes: Gina Meredith, Leah-Ann DeAnda. No: Beth Lee, John Koenig, Walt Turner.

Commissioner Koenig

asked what they can appeal, this is a moot point now.

Commissioner Lee

stated this isn’t an automatic approval and they can come back and reapply. 10. a. For Possible Action – ZCMP-23-12: Public Hearing, discussion, and deliberation on an application for a major Master Plan amendment to change two hundred and forty-three acres (243) from the master plan designation of RDR (Rural Density Residential) to CDA (Commercial Development Area) to be in conformance with the proposed Zone Change from GC (General Commercial) and LI (Light Industrial) to SO (Special Projects Overlay). Assessor’s Parcel Numbers 035-271-07 and 035-271-06; 2251 E. Basin Avenue and 440 S. Higley Road. Civilwise Services, Inc. – Applicant/Agent. Mt. Charleston Village, LLC and QQ Pahrump, LLC – Owners. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for December 19, 2023, or as otherwise announced.) b. For Possible Action – ZCMP-23-13: Public Hearing, discussion, and deliberation on an application for a zone change to change 243 (two hundred and forty-three) acres from GC (General Commercial) and LI (Light Industrial) to SO (Special Projects Overlay) to be in conformance with the proposed major Master Plan amendment of RDR (Rural Density Residential) to CDA (Community Development Area). Assessor’s Parcel Numbers 035-271-07 and 035-271-06; 2251 E. Basin Avenue and 440 S. Higley Road. Civilwise Services, Inc. – Applicant/Agent. Mt. Charleston Village, LLC and QQ Pahrump, LLC. – Owners. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for December 19, 2023, or as otherwise announced.) c. For Possible Action – Resolution 2023-19: Discussion and deliberation to adopt, amend and adopt, or reject Pahrump Regional Planning Commission Resolution No. 2023-19: A resolution amending the Master Plan Designation of those certain properties within the Pahrump Regional Planning District, located at 2251 E. Basin Avenue and 440 S. Higley Road, from Rural Density Residential (RDR) to Community Development Area (CDA). Assessor’s Parcel Numbers 035-271-07 and 035-271-06; 2251 E. Basin Avenue and 440 S. Higley Road. Civilwise Services, Inc. – Applicant/Agent. Mt. Charleston Village, LLC and QQ Pahrump, LLC. – Owners. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) Item pulled from agenda. 11. a. For Possible Action – ZCMP-23-19: Public Hearing, discussion, and deliberation on an application for a Zone Change to change 1.1 acres from Neighborhood Commercial (NC) to Commercial Manufacturing (CM) on property located at 1021 E Manse Rd. Assessor’s Parcel Number 044-441-08. D. Scott West – Property Owner /Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for October 17, 2023, or as otherwise announced.) b. For Possible Action – ZCMP-23-20: Public Hearing, discussion, and deliberation on an application for a (Minor) Master Plan Amendment of approximately 1.1 acres from Rural Density Residential (RDR) to Rural Development Area (RDA) on property located at 1021 E. Manse Rd. Assessor’s Parcel Number 044-441-08. D. Scott West– Property Owner/Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for October 17, 2023, or as otherwise announced.) Page 7 of 12 c. For Possible Action – Resolution 2023-27: Discussion and deliberation to adopt, amend and adopt, or reject Pahrump Regional Planning Commission Resolution No. 2023-27: A resolution amending the Master Plan Land Use Designation of 1021 E. Manse Rd, Assessor’s Parcel Number 044-441-08 from Rural Density Residential (RDR) to Rural Development Area (RDA). (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) Amanda Marshall reviewed her staff report stating the applicant is requesting for the zone change and master plan amendment in order to consolidate their construction business Avco Construction to one location. The applicant owns the property behind the subject property and plan to build their residence there. Staff is recommending approval of the applications. Scott West, applicant stated he has lived here since 1995 and doesn’t plan on going anywhere, he just wants to have a nice area to have all of his supplies and materials that are needed in one place. He already has an active office in town which the lease is increasing monthly and this will allow them to save some money so they can help the clients save money.

Commissioner Lee

asked for clarification on their hours of operation.

Mr. West

stated generally they are open from 9 am to 5 pm. They don’t have a lot of traffic in and out of the office. Majority of the business is done online.

Commissioner Lee

asked if there will be construction vehicles coming and going from the site.

Mr. West

stated everyone takes their work trucks home with them, they won’t be in and out every day. He does have some construction equipment on site in the event he doesn’t have anything going on. The garage part will give him the ability to store the equipment indoors.

Commissioner Lee

asked the applicant if he has read, agrees, and understands the conditions of approval listed in the staff report.

Mr. West

stated for clarification he didn’t speak to all of the neighbors. He did speak to the tenant in the property next door and she stated she was happy to see something done with the property. He isn’t interested in flipping the property, he has a vested interest because he is building his own residence right behind this.

Commissioner Lee

asked if the MP is changed to RDA what zoning districts are allowed in RDA?

Mrs. Marshall

stated Commercial Manufacturing, Airport Overlay, Open Space, Community Facilities, Special Opportunity Overlay.

Commissioner Lee

asked if NC is allowed.

Mrs. Marshall

stated NC is allowed.

Commissioner Lee

stated for clarification that the use he is wanting isn’t allowed in NC, correct.

Commissioner Turner

asked with the use of RDA, with the CM under the RDA is that in the form of a CUP ever or can it be anything under the RDA?

Commissioner Lee

stated the MP would change if the zoning is approved by the BOCC it would be CM anything permissive under CM would be allowed on the property, anything listed in the code with a CUP they would have to come back and ask for a CUP.

Mr. Waggoner

stated the reason is because we did have a snafu with a few applications that go along with them we want to keep them all together so we are asking to continue.

Commissioner Lee

stated that was removed at the beginning of the meeting and will come back at the November meeting.

Mr. Manas

stated he is against this and from what he understands it is being changed to High Density to correct an error from 2004 where it was designated as low density. If this area switches from low density to high density someone can buy up all the 100 lots in his area and can make them smaller lots increasing the housing in the area. It would lower the values of the existing houses in the area. Diane Davis stated the homes from Blagg to them are one acre lots. Where her house is they are already down to 6000 sq ft and some are even smaller. This is more of a rural type setting to come in and make the lots high density this isn’t the area where tiny homes or apartments belong. What happens to those owners that already have houses and stated she is in opposition of this. Tim Bohannon stated he doesn’t live in the area, but the low density/high density is a concern for the homeowners. If you don’t approve it that’s great if you do and go with high density he wants them to consider being selective on how it is built out. Larger lots and water conservation need to be focused on.

Commissioner Turner

asked 038-202-01 through -30 on Whitney closest to the park have there been any programs to try and get ahold of those owners. People use those parcels to park during the rodeos.

Commissioner Lee

stated she doesn’t know if the County has appetite to buy them.

Commissioner Koenig

asked Mr. Waggoner what the emphasis for this is.

Mr. Waggoner

stated the property size are not going to change, the zoning will not change, they are already zoned VR-8 and do not conform to the current Master Plan on the area. This is just to correct that to have the masterplan match the zoning. No one can buy two lots and subdivide them into postage stamps, and it would require a development agreement to do that anyway. This has nothing to do with the size of the properties or how they can develop them. Page 11 of 12