October 11, 2023

Commissioner Lee

submitted a few minor changes to staff.

Commissioner Lee

stated they will combine items # 10,11, 12, 13 and 15 as one item. They will take motions separately and public comment for each.

Commissioner Lee

presented a plaque to previous RPC Commissioner Doug Blackstock for his service.

Commissioner Carbone

stated they received a check from T-Mobile for the splashpad and a million dollar check from Congressman Horsford for the community center. b. Director’s Report

Mr. Osborne

stated for September total Planning applications received was 258 which was 8 more, total applications processed was 165 which was 9 less than last month. Since July 1st there have been 684 Planning applications received and 134 new code compliance cases, compared to 559 applications received and 97 code cases for the same time period last year. Building Permits for September, Single Family there was 36 which was 2 more, MF was 0 which was 1 less than last month, Commercial Building Permits was 11 which was 1 more. Total permits issued all categories was 164 which was 13 more than last month and total inspections was 439 which was 10 more. Code Compliance had 41 new complaints which was 12 less and closed 46 which was 7 more than last month. Previous items heard by the RPC Bill 2023-04 to remove solar generating facilities from Light Industrial was hard by the BOCC on 9/19/23 and was continued to November 21st agenda. Bill 2023- 10 Tiny Homes bill was heard by the BOCC on 9/19/23 and was adopted. ZCMP-23-11, ZCMP-23- 16, ZCMP-23-17, ZCMP-23-21, were heard by the RPC on 8/9/23 and recommended for approval to the BOCC and were heard on 9/19/23 and were approved. Bill 2023-17 for MP amendment procedures was recommended for approval by the RPC and is scheduled for 11/21/23 BOCC meeting. For ZCMP- Page 2 of 9 23-19 and ZCMP-23-20 the applicant asked to withdraw their applications and they will not go forward to the BOCC.

Commissioner Lee

stated the code says waivers or variances are not permitted. This section works in conjunction of the Development Standards, so she doesn’t believe it gives them room to approve a waiver of that.

Mrs. Medici

deferred to the DA but she doesn’t believe the RPC has the ability to waive anything in the Dust Control section of the code.

Commissioner Koenig

stated there have been times they have denied the waiver and it is appealed to the BOCC and it is approved, does that mean the BOCC has the approval? Paul Lindquist stated he wants a waiver to expand the business that has been there for 20 years. There isn’t a huge change happening on the property. They don’t have a lot of room for landscaping, they don’t get much traffic at all either. They have 14 parking spaces, asking him to do a masonry fence would be cost prohibited for him. He just put a new fence back there and he is willing to screen his fence with slats if that fixes the screening issue. Bill Cookston stated if they are able to look at the last page of the map, showing the layout of what he is looking to do. All of the drive aisles are already in use and gravel. He isn’t creating new drive space.

Commissioner Koenig

asked if the reason he needs to come up to code is because he is adding new things.

Commissioner Turner

asked if 15.28.100 b & c, are those the options? Are they the waiver options or current options.

Mrs. Medici

stated those are the options under 15.28 for unpaved parking and storage areas.

Commissioner Turner

asked if that is for the whole space of the part with the RV their requesting it on? Page 3 of 9

Mrs. Medici

stated for the newest part.

Mr. Osborne

stated 15.28 unpaved parking and storage areas is for existing parking and storage areas are required to do one of those 5 options by 12/31/2025.For a new project or expanding those aren’t’ the options, the only options are asphalt paving or double layer chipseal.

Commissioner Lee

asked if they need to remove from the waiver item b? Mr. Cookston stated they have figured out that isn’t needed.

Mr. Waggoner

stated it would have to stay but you could amend the motion to not include that portion.

Commissioner Lee

asked Mr. Lindquist if he has read, understood and agree to the standard and special conditions of approval listed in the staff report.

Commissioner Hayden

asked for clarification that they don’t have the authority to waive the items regarding Dust Control.

Commissioner Lee

deferred to the DA for that.

Commissioner Turner

asked the applicant how many storage units are in the 4 buildings they are adding.

Commissioner Lee

went back to Commissioner Hayden’s question to the DA on authority to waive 15.28. She stated Mr. Waggoner shook his head no, they don’t have the authority to waive anything in 15.28.

Commissioner Turner

asked if the paving they are against is on the RV side or the storage side or both parcels.

Mrs. Medici

stated both parcels.

Mr. Cookston

asked if the RPC can’t waive 15.28 can the BOCC if it goes to them?

Commissioner Lee

stated they will let the DA confer with staff and they’ll open public comment first.

Mr. Waggoner

stated he wanted to clarify his statement that the RPC does have authority to waive a portion of 15.28 that pertains to the PRPD.

Commissioner Lee

asked for a motion for Item a. No motion made; item died for a lack of motion. Page 4 of 9 Item b. Waiver of Parking Requirements Motion: approve for parking accommodations, findings are based on the discussion with director that says parking is sufficient, Action: Approve, Moved by John Koenig, Seconded by Walt Turner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Beth Lee, Debra Hayden, Gina Meredith, John Koenig, Leah-Ann DeAnda, Pamela Tyler, Walt Turner.

Commissioner Koenig

stated he doesn’t see anything that states they have to make a motion or not, if they do nothing it just dies. Brian Kunzi, District Attorney, stated you do have to take action for the applicant to appeal to the BOCC. Item a. Waiver for Paving Motion: to deny WV-23-8 -a, Action: Deny, Moved by John Koenig, Seconded by Leah-Ann DeAnda. Vote: Motion failed (summary: Yes = 2, No = 5, Abstain = 0). Yes: Gina Meredith, Leah-Ann DeAnda. No: Beth Lee, Debra Hayden, John Koenig, Pamela Tyler, Walt Turner.

Mr. Osborne

stated all of these items 10 – 15 are all requests for CUPs for single family detached to be built on Multi Family zoned parcels. Staff findings are that the MP designation are HDR, zoned MF and with a Page 6 of 9 CUP they proposals are all allowed. The recommendation is for approval subject to all the conditions of approval.

Commissioner Turner

asked if the 3500 allotted land space be held up.

Mr. Osborne

stated that is the requirement and a few lots have had administrative waivers approved because they didn’t meet the requirements. Some have 3 and some have 4 homes.

Commissioner Turner

asked if the parcels were to be sold it would be sold as one lot, not sold off as single homes.

Mr. Waggoner

stated no, it would be one parcel. Charlie Concoby, applicant, stated they look like a regular house just a little smaller.

Commissioner Lee

asked if the building separation will meet fire code.

Commissioner Lee

stated one of the conditions from Public Works is that the project must have a shared driveway for all units. Have you seen that and are you able to accommodate that request.

Mr. Concoby

stated he hasn’t seen that comment for a shared driveway, but they submitted a preliminary plan and it shows individual driveways but they can accommodate that however they see fit.

Commissioner Lee

stated she believes that will be address in the site development review.

Commissioner Lee

asked Mr. Concoby for all the applications has he read, does he understand and do you agree to the standard and special conditions of approval that are listed for each one.

Commissioner Hayden

asked if there will be ample parking off the road, she didn’t see a garage.

Mr. Concoby

stated the driveway is 50 ft long and it will have ample parking.

Commissioner Hayden

stated the proposal stated Pahrump is in need of affordable housing. How will this be affordable.

Mr. Concoby

stated Western Trades will be renting these out and this will be our solution to meet the need.

Commissioner Koenig

stated it is all public utilities.

Mr. Osborne

stated staff is requesting the item be continued to the next meeting.

Mr. Kunzi

stated for the record that there are some legal issues he is trying to work out and they need additional time to do that.

Commissioner Lee

asked if they needed to open public comment.

Mr. Kunzi

stated no, you are just continuing.