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Public meetings / Planning Commission

November 15, 2023

130 turns, 130 with a named speaker, under 12 agenda items. The words and the names are the county clerk's.

3. For possible action - Approval of Minutes:

Commissioner Lee

stated she turned in some minor typographical errors to staff.

Commissioner Koenig

stated he also turned in some minor errors.

4. For possible action - Approval of / Modifications to the Agenda: Approval of the Agenda after

Commissioner Lee

stated they will open item 16 A-H together, then take public comment.

Commissioner Lee

stated they will take item #11 after item #7

5. Correspondence and Announcements

Commissioner Turner

asked if they can make an announcement on where to go online to find the agenda. Brett Waggoner stated go to the Nye County website, under the meeting center scroll down to the Pahrump Regional Planning Commission and click on the agenda for tonight’s meeting.

6. Commission/Committee/Director Reports:

Commissioner Carbone

stated the BOCC meets the 21st of November as well as a workshop on the 11th of December for Title 6. b. Director’s Report

Mr. Osborne

stated for the month of October, the total applications received were 207 which was 51 less than last month. Total applications processed were 127 which was 38 less than last month. Since July 1st there have been 892 planning applications received and 196 new code compliance complaints received. That compares 891 Planning Applications and 133 Code compliance complaints for the same time period last year. For building permits, SFR were 18, which was 18 less than last month. MF was 0 which is the same as last month. Commercial was 13 which was 2 more than last month. Total Permits issued in all categories was 141 which was 22 less than last month. Total inspections in all categories were 486 which was 47 more than last month. So far since July 1 there has been 109 SFR, compared to 99 SFR at this same point last year. For Code Compliance in October, new complaints were 31, which was 10 less than last month, and 40 closed cases, which was 6 less than last month. Update on previous items heard by the RPC was TA-22 to remove renewable energy generating facility as a permissive use, will continue on the 11/21 BOCC meeting and TA-20 to change administration and procedures was heard at the BOCC on 10/17 and was approved. WV-23-8 for Storage Ventures to waive several sections of the development standards. 2 of them were approved by the BOCC and 2 of them were denied so they filed an appeal for the landscaping and block wall which will then be heard by the BOCC at the 11/21/23 meeting. Item #7 is continued from the October 11, 2023, RPC meeting: Page 2 of 19

7. For Possible Action – CU-23-22: Public Hearing, discussion, and deliberation on an application for a

Commissioner Hayden

stated she has a disclosure that she has a pecuniary interest and has recused herself from the item and left the room.

Mr. Osborne

stated this is zoned GC, MF units are permissible with a CUP. In reviewing the findings that are required for a CUP, we believe the specific use as proposed, based on the previous history that required law enforcement at the site, the use may not be harmonious with the intended character of the vicinity, and it could be disturbing the future neighboring uses of the adjacent vacant parcels. Since July of 2021, there have been 57 calls for service through the sheriff and fire department. Staff is recommending denial of the application.

Ms. Eure

representing the applicant stated there was a previous CUP that was approved for convalescent care for substance abuse she understands that the CUP was taken away because they didn’t stick to the previous approval and took in domestic violence customers as well. They take in referrals from other Nye County agencies now. The location is not in the middle of a residential neighborhood which keeps them from being disruptive.

Mr. Romney

, the property owner, believes in helping individuals and other organizations who help others who are in need. His company owns a number of apartment communities across the US and 220 units in Las Vegas. Some of the organizations worked with in Las Vegas consist of ACDC (Asian community development counsel) Health of Southern Nevada, HomeLink, Jeremiah program, Jewish Family Services, Leaf Housing, Salvation Army, Silver Summit, SNRHA, US Vets. We came here to help the community and help others have a second chance.

Ms. Eure

stated staff recommended approval of the last agenda and this time I know there were changes to the special conditions with staff recommending denial. Some of the conditions were dropped and we would be willing to offer some of those conditions back if that would assist in approval.

Commissioner Koenig

stated he lives near the location and across the street is a bus stop and hundreds of homes. Last time they were here, he was all for it. Until last month when he’d heard sexual predators were being housed across the street from a bus stop. Why should he trust them now?

Commissioner Meredith

asked how many clients are served?

Ms. Eure

stated there are 9 studio apartments that can house a mother, child, and pets. It depends how quickly the clients are able to get back on their feet for a turnaround.

Commissioner Meredith

asked how much revenue they receive from each unit.

Mr. Romney

stated they have a master lease with the group that runs the program. They pay as they go. They don’t get enough revenue to cover all the bills. They as investors and owners have had to put in 15-20 thousand dollars to subsidize the property at this point.

Commissioner Meredith

asked where you get the subsidy from?

Mr. Romney

stated their own pocket.

Mr. Waggoner

stated to Commissioner Meredith that Mr. Romney is the property owner not the operator of the business. He’s referring to lease payments made to him, not what the rooms rent for. Page 3 of 19

Commissioner Meredith

stated well he knows what he is leasing the property out to be.

Mr. Romney

stated he is the property owner, and he has to put money in to operate.

Commissioner Meredith

stated it’s being rented out monthly, how do you make money from it as a property owner if it’s not a business?

Mr. Romney

stated his goal is to help others in need. We can’t operate at a loss with all of our properties, or we would be in trouble. But this specific property we are not profiting from, we would like to change that in the future.

Commissioner Meredith

asked how they would manage the property differently in the future.

Mr. Romney

stated they are working on a plan and model.

Commissioner Lee

stated on the findings that staff reviewed, #3 the conditional use will not be hazardous or disturbing to existing or future neighboring uses, based on the history that has been there and what’s happened, it sounds like the use has been hazardous to the residents to have sexual deviants housed with women and children and that sounds hazardous to me. Does the building have proper sprinklers and flow?

Mr. Romney

stated everything passed the fire inspection, so everything to his knowledge is compliant with the city. We have it in our master lease, the clause, that there are to be no individuals living there that have had sexual abuse against a minor. To my knowledge, there have been no issues where there has been an individual with sexual abuse charged against them, there when there have been children on the property.

Commissioner Lee

stated in his justification letter that he comments that it’s ensuring adequate housing for the community, when you’re not serving the community, it’s only a portion of it. I don’t think that’s a truthful statement.

Mr. Romney

stated he disagrees. Is helping a homeless person have a roof over their head benefiting the entire community? If not, they will be around town, so in my opinion helping one individual within a community benefits the entire community.

Commissioner Lee

stated 9 rooms is not an adequate supply of housing for a community.

Mr. Romney

stated it is not enough but it’s a start. You take that away, that’s 9 people back out into the streets.

Commissioner Lee

stated on their site plan that was submitted; they have parking calculation to say they have adequate parking. The parking analysis is based on a nursing/convalescent/hospice/rest home/skilled nursing facility. That’s not what they’re applying for, or are they?

Mr. Romney

stated most of these people don’t have vehicles, so they do not have a parking issue.

Commissioner Lee

stated they have the wrong parking calculations. They’re not applying for a nursing home, hospice home, etc.

Mr. Romney

stated he will leave that up to Ms. Eure with the application issue.

Ms. Eure

stated the site plan is incorrect with the calculations. The site requires 34 parking spaces and 18 for MF, but the justification letter is accurate.

Commissioner Turner

asked if it’s a company that rents through them or is it a program they put together? Page 4 of 19

Mr. Romney

stated the referrals come through Nevada Outreach. The group that rents is called Novum-U.

Commissioner Turner

asked if they do other places as well?

Mr. Romney

stated he cannot vouch for that company.

Commissioner Turner

stated our questions related to operations would be beneficial to hear from the company as most of the issues were relating to that group.

Mr. Romney

stated if they would like to hear from the tenant, I suppose that can be arranged.

Commissioner Meredith

asked how many clients come from out of state?

Mr. Romney

stated under this new program, all would come from Nye County. Under the previous CUP, a handful were coming from out of state. But under this new CUP, they will not be.

Commissioner Koenig

stated they said there were no sexual predators when minors were present. Were there sexual predators there when minors weren’t present?

Mr. Romney

stated to his knowledge there has never been anyone convicted of a sexual crime at the property at the same time a minor was present. There could have been when minors weren’t present.

Mr. Waggoner

stated the place was not being used for drug treatment or housing. They were soliciting convicts from out of state. Yes, there were children at the property when the police department went there, with people who were convicted of sex crimes. There was a recommendation for approval, with the clause, but that is not the case with the Operator as is.

Commissioner Lee

asked if the operator, where all these problems came from, how the facility was not being run according to the CUP is going to remain the operator of the facility?

Mr. Romney

stated he has reached out to other organizations to take on this master lease and is still unable to fill the role.

Commissioner Lee

asked if they are actively searching for one?

Mr. Romney

stated they started with the conversation with Director Waggoner, and they are still continuing to look for another operator.

Commissioner Meredith

stated to Commissioner Koenig’s point on trust, they are asking them to trust you, when the person we should have trust in is the person running the day-to-day business and they are not here to help them understand all those issues going forward.

Mr. Romney

stated he will try to have that individual here for public comment to answer some of these questions.

Mr. Romney

stated Ed is here to help answer some of these questions. Page 6 of 19

Ms. Eure

stated we have some letters from current and former residents who both stated they were happy with the facility and felt safe.

Commissioner Koenig

asked them why should I trust you to make this operate the way it should be? Ed Bevilacqua, stated it’s been said we have sexual offenders at that property. There are sex offenders everywhere. They don’t check at the Holiday Inn, or hotel, to see that. We have gone through the records with Kathy McKenna, and we have never had a sex offender there while there were children. He stated they very rarely had children there. He stated he has never met Sergent Duncan and she can tell them about her policies and not allowing people who are on Parole to the facility. The disabled Vet, he had a car. After he left our facility, he got a DUI. I don’t need to transport anyone if they think that individual is better somewhere else then they need to come pick up that person. We charge $25 a day, unless you are a Veteran, we offer other services and that’s why it’s $1200 a month. The Veterans who came to us came directly from the VA besides one Vet from Desert Parkway hospital. If you were to take this away 100’s of people would be affected and there would be more people ending up dead.

Commissioner Koenig

stated what you’re doing didn’t work. Because people were there when they shouldn’t have been.

Mr. Bevilaqua

stated there have been 2 people from outside of NV.

Commissioner Turner

asked if they are able to downsize the services that’s appropriate to the surroundings? For example, just domestic abuse or just Vets.

Mr. Bevilaqua

stated absolutely. They changed the program to where it’s by referral only and dependent on the agency who refers them.

Commissioner Hayden

returned to the meeting.

8. For Possible Action- WV-23-12: Public Hearing, discussion, and deliberation on an application for a

Mrs. Medici

reviewed her staff report stating this application is to waive the landscaping and parking accommodations. Specifically, a waiver for paving driveways, and the parking area. The owner stated the existing compacted gravel driveway is in conformance with air quality regulations. The owners also stated they will provide painted lines to outline parking spaces on the gravel and add an ADA parking sign for one space. ADA requirements include that all the accessible parking spaces must be provided for cars and vans and have surface firm, stable, and slip resistant, and must be located in the shortest entrance. Painting lines on the gravel is not the same as painted lines on the asphalt or double chip seal. The continued use of compacted gravel does not provide the firm, stable, and slip resistant surface required for those using canes, walkers, wheelchairs. The 2018 int’l fire code requires all weathered driving surfaces/driveways and Nye County Code 16.28 dust control regulations require parking areas be treated using a dust palliative if not using pavement. The landscaping requirements in title 17, are required to create visually attractive desert theme along street and commercial corridors and provide shade on hot pavement. The use of native plants is Page 7 of 19 required to minimize outdoor water use. The landscaping area must equal not less than 10% of the net lot area. Staff is recommending denial. Thomas Vehe, applicant, stated he has back up he’d like accepted in.

Mr. Vehe

stated they received a building permit for storage in 2004 for self-storage. We are requesting a waiver to build out our existing business as it was originally envisioned. Currently, 7 buildings exist, and I want to add 5 more. The waiver is for the inconsistency of pavement in the area. Paving the final phase, 1/3 of our total property, would make this project uneven and unattractive. Our 30 ft extra wide lanes make paving a larger project than the buildings. Compacted type 2 was approved for completion of this property, but the buildings were never finished. In the Master Plan for Pahrump, goal 4 objective B, we should carefully consider the consequences of planning and zoning properties in a manner different from surrounding properties. The surrounding properties are not paved. I have signed consent forms from all 4 developments and these waivers have no impact on them. I talked with our neighbors, and they would like to see little pavement as possible. Dust is controlled by type 2 compacted gravel. Our traffic studies show this to be a quiet business. About 5 cars per day coming onto the property. Our expansions only increase that to 7.9 cars per day.

Commissioner Tyler

asked why they want to waive the landscaping.

Mr. Vehe

stated he has landscaping in the front that is beautiful and works hard to keep in perfect condition. We are next door to another storage facility that has no landscaping or proper irrigation, so it wouldn’t look normal in the area.

Commissioner Koenig

stated requiring landscaping for areas like this is a waste of water. Regarding paving it, they are not going fast enough to pick up dirt. Type 2 gravel would be sufficient. My question to the District Attorney, it states the waiver is required for paved areas greater than 5000 sq ft that’s not permitted. Last meetings discussion with the DA, he said if it is in the PRPD you can change it.

Commissioner Hayden

stated she thought the whole thing was going to be paved but it’s only going to be paved into front of the new storage? Kaz Alighchi stated 2/3 of the project is already built. From an Engineering point of view, paving the new storage while keeping the existing type 2 gravel negatively impacts the existing storage because the water is not as soft to the soil. If it’s something from scratch, then that’s perfectly fine but to have the remaining storage have pavement doesn’t make sense.

Commissioner Turner

asked if the building in front is an office? Would you be willing to pave the parking for that structure with the ADA?

Commissioner Koenig

stated the code states unpaved areas greater than 5000 sq ft are not permitted, but we just permitted it last month. Michelle Nelson stated Nye County Code 15.28.100 C does specifically say waivers or variances of the requirements to reduce the dust of unpaved areas greater than or equal to 5000 sq ft are not permitted.

Commissioner Koenig

stated he understands, he was under the impression that if it’s in the PRPD you can disregard that. Page 8 of 19

Commissioner Lee

stated there is struggle with this every time because sometimes it makes sense but according to code, we cannot issue waivers. But should they appeal it to the board after we deny it, the board can issue it.

Ms. Nelson

stated with respect to the code, the waiver is not permitted.

Mr. Vehe

stated with paving to this property would cause hardship for the family.

Commissioner Lee

asked if they have read, understood, and agreed to the conditions of approval.

Commissioner Turner

stated their hands are tied when it comes to the waiver, per the code. However, if declined here you can appeal it to the BOCC whose hands are not tied.

Mr. Waggoner

stated there is something in the code that states the Planning Commission has to either approve or deny and not let it fail. Item a

Ms. Nelson

stated Commissioner Lee stated a waiver of 23-8 and its 23-12. To correct the record, it was a denial of WV-23-12 A.

Commissioner Turner

amended his motion to denial of WV-23-12 A .

Commissioner Tyler

amended her second. Item b

9. For Possible Action – CU-23-24: Public Hearing, discussion, and deliberation on an application for a

Mrs. Medici

reviewed her staff report stating this is reinstating an expired CUP that’s required as part of a fireworks warehouse in the HI Zoning. The approved CUP expired in August 2023 prior to site development being approved. The applicant is to remain in compliance with Nye County Code 17.04.140 HI subjection E – subject to a CUP.

Commissioner Lee

asked if they meet the 1500 separation for residential properties.

Mrs. Medici

stated yes it does.

Commissioner Lee

asked if they could remove it as a condition of approval #2.

Mrs. Medici

stated yes. Richard Sheehan, representing D & T Partners, stated they are ready to break ground on Monday when this is approved.

Commissioner Lee

asked if they have read, understood, and agreed to the conditions of approval.

Commissioner Koenig

asked when it will be done.

Mr. Sheehan

stated the anticipated completion date is May 2024.

10. For Possible Action – CU-23-27: Public Hearing, discussion, and deliberation on an application for a

Commissioner Turner

recused himself from the item, he was the selling agent on the property.

Mrs. Medici

reviewed her staff report as the applicant is requesting a CUP to utilize an existing 1980 prestige MF home as a care takers residence. Staff is recommending approval. Daniel Meyers stated he is the business owner and available for questions.

Commissioner Meredith

asked what does California Blow Pipe have to do with the care takers residence?

Mr. Meyers

stated the existing MF home would be for my grandfather, who’s still involved in the company, to stay on site. Page 10 of 19 Public comment opened at 9:29 pm. Ski Senske resident on Margaret Street, spoke in support of the application and believes there is a need for onsite security for the property. Public comment closed at 9:32 pm.

11. For Possible Action – CU-23-29: Public Hearing, discussion, and deliberation on an application for a

Mr. Osborne

stated this is a request to allow a 125 ft telecommunications wireless tower on the property. It is zoned CM and does allow for communication towers but requires a Cup. CM is not in conformance with the masterplan and zoning regulations; however, it was pre-existing. Based on the height of the tower, there are several properties that are zoned residential that are adjacent to subject property and it is not harmonious with those properties and the maximum building height is 35 ft. Staff is recommending denial of this application.

Commissioner Lee

stated if the existing zoning district isn’t conforming with the masterplan, how come we don’t have a masterplan amendment with this?

Mr. Osborne

stated since the zoning was already in place it wouldn’t be required to have a masterplan amendment.

Commissioner Lee

stated she was just curious if that was part of the findings to deny. So, if it’s higher than maximum height in the zoning district, shouldn’t we have a waiver for this too?

Mr. Osborne

stated 48 ft is the maximum height for the building. We don’t have it in our ordinance for the maximum height for a tower.

Mr. Waggoner

stated there is a maximum height for a radio tower or antenna, and the maximum height is 65 ft. This is a cellular communication tower; we don’t have something in the code that specifically refers to cell towers. The 48 ft is being brought to the attention to the board, just because there are residential properties all around this, with the exception of a side property with commercial uses on it.

Commissioner Koenig

asked Mr. Waggoner how the other towers were built. Did they have a waiver?

Mr. Waggoner

stated they were built prior to the Planning Code.

Commissioner Hayden

asked how tall is that compared to the tower on 160 and Bell Vista?

Mr. Waggoner

stated the one you are referring to is under 100 ft. Reg Destree, Applicant, stated they are proposing a 125 ft cell tower on a CM lot, enclosed 75 by 75 chain- link enclosure. This is the best location in the area for the tower, there is a tower close by that’s 205 ft tall, but that tower is already full and that is why we are proposing this new build. There are not a lot of large CM zoning out here or that offers the best setbacks. There are homes in the area but there will be homes no matter where you go. There’s currently a rental home there and both parcels to the left are zoned CM and to the North and East is a road. The Northeast there is a home, that house is Rural Development and this Page 11 of 19 property that we are on comes up residential. There are 7 homes within 750 ft. The primary benefits for having this cell tower are Verizon phone coverage and the secondary benefit is improved capacity at neighboring sites and options for other providers. Not only does it help in the area where the structure is going but it helps offload the other sites and work faster. That’s the primary reason why Verizon wanted this site. There are Public Safety benefits, about 85% of 911 calls are made from cell phones and this will help with additional calls. I spoke with the Fire Chief and Sherrif, they have AT&T devices in their vehicles. It’s difficult to say what increases or decreases the value of a property, you can’t isolate one factor, like this cell tower. They are proposing a chain link fence but from the east you can see the ground equipment so we can certainly make an engineered wood fence, if needed.

Commissioner Lee

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

Dr. Kenneth

Searles, property owner, the tower was first offered to the Khoury’s lot. There were not enough footings for the tower, so they contacted me. As for the masterplan not matching up, that’s not my fault. You need to complain to the Commissioner about that. Denise Khoury is opposed the tower facility which would be less than 700 ft away. She’s spoken to hundreds of residents since learning of this tower and has a petition that proves the installation of these 5G towers are not welcome in our city. We put a great effort into stopping potential eye sores from being in our neighborhood. The evaluation of the home value should be enough to encourage Pahrump residents to be against this and do their own research. Cell towers poison the atmosphere with the frequency that impacts the health, safety, and quality of life, especially with our elderly and children. Laura Larsen stated she is opposed to the tower they have already proven that 3G and 4G cause cancer, neurological problems, immune disorders, and reproductive harm. This can be found at emsscientist.org They are also saying 5G towers can cause cancer and other issues quicker than 3G and 4g. The 5G towers are emitting new and different milometer ways. In 46 different countries, people are appealing the scientific studies on the effects of our health and these telecommunication towers. Exposure to electromagnet radiation are shown to have serious health risks like damage to the skin and eyes, brain cells, heart rhythm, etc. What are you going to do to protect the community from long term effects? When aviation told AT&T to turn off 5G towers because it’s affecting the instruments on the plane, what do you think it’s doing to our bodies then? We don’t want it in our area.

Dr. Alwes

, a resident directly across the street, is opposed to the tower. The American Society of Realtors has established that any property within 2 miles radius of these towers will be depreciated by 20%. That’s a substantial loss of revenue to the County. Thousands of tests have been run on the various effects of EDMS. THE US Airforce have run a million tests of men who were exposed to EMS for only 6 hours. 2700 tests were run by the Navy. The information from these tests has shown the EMS radio frequency is explicitly a cause of lung, prostate, skin, and breast cancer. A new study shows it causes early onset Alzheimer’s, early onset menopause and early onset erectile disfunction. It’s also weakening our bee population. John Steburd stated he is opposed to the tower this tower is going to be bombarding my view and the kid at the bus stop/s view. I have health problems; how will this be affecting me? Loren Drellick stated he is opposed to the tower, his grandmother has been here since September 1983. They didn’t have all these cell towers, technology, and internet that we do now. He could shut the wifi/internet off if he wanted to, but you can’t do that with the cell tower. He agrees with all the oppositions, but does think there is a need for it. If you go to, www.ehtrust.org, there’s articles on how it affects kids, causes cancer, anything that has EMS causes damage. Page 12 of 19 Michael Zhang stated he is opposed to the tower stating the tower is going across from his home and he doesn’t want to look at it. I know it affects your health and it will make our internet worse. Tracy Horowitz stated she opposes the tower she asked Mr. Destree since he’s been installing these, how close to do live to yours? Is it in your front yard? This is going to be right in front of my family and it’s just a horrible thing to have. David Humes stated he opposes the tower. He has references to thousands of articles that he can provide for one from physician Sharon Goldberg stating wireless radiation had biological affects, is no longer a subject to debate. There is clear evidence for cancer, DNA damage, heart failure, etc. Theres a bunch of stuff that’s regarding kids like brain tumors and being unwell. Carol Ann Hull stated she is opposed to the tower it will be in her front yard too. She doesn’t want to add onto the health issues she already has. She has a petition and collected about 200 signatures. She hopes you can see the damage it will do to them. Christopher James Nasso stated he is opposed to the tower, 5G is 130 times stronger than its predecessors. Bluetooth operates at 2.4G. It affects the growth the plants. 5G uses frequency that exceeds 24G and the max is 37G. How do you think it will affect our community and people? They may say the FCC approved these towers, but they also approved the iPhone 12 that was recalled causing cancer. Christopher Nasso stated he is opposed to the tower, it’s not just one tower that’s going to affect our community, 5G runs at a mesh network which will put the whole city on 5G. They will add mini towers on top of power poles. They say it’s supposed to be powerful but cover less distance, that doesn’t make sense. It’s going to be in front of everyone’s house if you let them put that 1 tower up. Ann Searles stated she is the property owner and she is not opposed to the denial of the tower. Ron Kerns stated he is opposed to the tower everything said about the health of these towers applies to the cell phones in your pocket. You stated this property is not part of the Master Plan. The Planning Department already has zoning that covers cell phone towers, my recommendation would be to not make any motion on this matter which would allow people to build their cell phone towers. Then guide the people in your office to write an ordinance that covers cell phone towers. But until you have an ordinance, you have no jurisdiction on the cell phone towers. Laura Larsen stated she has additional back up that she would like accepted.

Mrs. Medici

reviewed her staff report stating under GC zoning a CUP is required for Rail/Motor Freight Terminal. The applicant is also requesting a waiver for landscaping and parking. The applicant stated there will be no structures built at this time and requested gravel on the entire lot for semi-truck trailer truck parking areas. They will build a 6ft fence with privacy screening. Water drainage will use its path. Staff is recommending denial for this application.

Commissioner Lee

stated Item 12a and 12b will be reopened. Director Waggoner stated the findings in the staff report for CU-23-31 support for approval and the findings for WV-23-14 support for denial.

Commissioner Turner

rescinded his original motion to deny CU-23-31 and WV-23-14. Page 14 of 19

Commissioner Koenig

rescinded his second.

14. Tim Birk – Property Owner. Roy Mankins – Agent/Applicant. (This item is Final Action by the

Mrs. Medici

stated they are requesting the application to be continued to the December meeting.

Commissioner Turner

disclosed that he sold the applicant the property several years ago but has no interest in the property and will be participating in the item.

Mrs. Medici

reviewed her staff report stating this is for a CUP to allow a public recreation area behind Death Valley Marketplace. While a recreation area is permissive in the NC zoning, due to the nature of the request of burros, we requested a CUP to ensure the health and well being of the burros are monitored. The proposed development falls within the definition of Animal Sanctuary and the conditions of approval be listed in the final action memo. Mrs. Quinata is requesting to build an enclosure for up to 6 burros that are being relocated by the BLM. Visitors at the establishment will not be allowed to pet or feed the burros just to view them. In order for the BLM to approve the adoption of the burros, all local jurisdiction requirements must be approved, and the enclosure constructed for inspection. Staff finds approval for CUP.

Commissioner Hayden

asked how big the enclosure will be. It is 5 ft pasture fence and is that a second fence on the site plan. Alina Quinata, property owner, stated they are trying to adopt 6 burros for the property and in order to adopt they have to be approved by local regulations. Once approved, BLM will inspect the enclosure. They will use profits from the business to feed them and staff will be onsite to care for them. After working hours, they will Page 15 of 19 be put in stalls. It will not be a petting zoo or sanctuary. They are adopting all females which does not make much noise for their neighbors. BLM requires a 5 ft fence and 20 by 20 corrals, that will cover about 2 acres. Not proceeding with the fence yet, the burros are required to browse on 1 acre. Once the corrals are in, the fence will be put in.

Commissioner Hayden

stated you won’t be at the store all the time to ensure people are not putting their hands through the farm fencing.

Mrs. Quinata

stated she can research different types of fences.

Commissioner Hayden

stated their hooves will get caught in the fence and you can not leave them in the corrals indefinitely. When will the second fence be in place?

Mrs. Quinata

stated within a month.

Commissioner Hayden

asked what the plan will be for the manure.

Mrs. Quinata

stated she would throw it in the trash.

Commissioner Hayden

stated that is a lot of manure for 6 burros.

Mrs. Quinata

stated they are starting off with 2 burros.

Mrs. Quinata

stated the corrals will be closer to the store, but they can be moved.

15. For Possible Action – CU-23-37: Public Hearing, discussion, and deliberation on an application for a

Mr. Osborne

reviewed the staff report that the BOCC approved detached homes in MF. There are a lot of MF in the zoning and compatible with the uses. Staff is recommending approval. Charlie Concoby stated last month they had 6 parcels with the same CUP that was approved, and there will be future ones coming. Page 16 of 19

Commissioner Lee

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

Commissioner Carbone

asked if the price was still the same for each complex.

Mr. Concoby

stated yes to roughly $1100 per month. They have a warehouse where they built a model and design center you can go and check it out after thanksgiving.

Commissioner Hayden

asked how someone gets in contact with you to rent and when will they be ready.

Mr. Concoby

stated through the property management group, Western Trade Construction. In discussions with Planning and Public Works with NDEP, they are ready to go if it were next week. Director Waggoner stated NDEP added requirements to the approval process which adds about 4 months minimum.

34. Nye County Planning – Applicant, Multiple – Property Owners.

Mrs. Medici

read a letter of support into the record. “As a land owner of the parcels at issue, I would like to say that changing the designation from low density residential to high density residential will benefit the economic development of the city of Pahrump. With more homes in this area, we will have more people to interact with the economy, pay taxes to the city, and make the area more congenial to the current residents. I am in favor of this amendment. Thank you, Michal Rijkstrom.”

Mrs. Medici

stated Nye County is requesting a Major Masterplan Amendment to 711 VR-8 parcels (97 acres) from LDR to HDR. It is necessary to change from LDR to HDR because the VR-8 zoning is non- conforming to the LDR land use category but conforming for HDR. The Masterplan was changed to LDR in the 2014 PRPD Masterplan update at the BOCC. She has one email in support from Michelle, as a landowner of the parcel, changing the designation will benefit the economic development in the town of Pahrump. Staff is recommending approval.