December 13, 2023

Commissioner Carbone

stated the next BOCC meeting it is mainly Planning items. b. Director’s Report

Mr. Osborne

stated for November total applications received was 206, which was 1 less than last month. Total applications processed was 160 which was 33 more than last month. Since July 1st there has been 1098 Planning applications received and 222 new Code Compliance complaints compared to 894 Planning applications and 151 Code Compliance complaints for the same period last year. Building Permits SFR 57 which was 39 more than last month, MF was 0. Commercial 14 which was 1 more than last month. Permits issued all categories was 141 which was 44 more than last month. Total inspections all categories 386 which was 100 less than last month. Code Compliance new complaints was 26 which was 5 less than last month. Cases closed was 35 which was 5 less than last month. Previous items heard by the RPC, the TA for removing the renewal generating facilities has been continued to the March 19 BOCC meeting. The Master Plan amendment for Calvada Unit 11 was recommended for approval by the RPC and will heard by the BOCC on 12/19. WV-23-8 had four parts requested to be waived and 2 were denied and they have appealed the portion that was denied, and it was heard by the BOCC on 11/21 meeting and they modified the RPCs decision and allowed the reduction of landscaping to 5% and allowed non-living or decorative rock in lieu of living plants and reversed the block wall to allow slatted chain link fencing. WV-23-12 was partially denied by the RPC and has been appealed by the applicant. It will be heard by the BOCC at the 12/19 meeting.

Mr. Waggoner

stated for clarification on the waiver for the Basin storage facility, the board didn’t necessarily overturn the RPC decision it was an error in the Planning Staff report, that due to the current zoning it wasn’t required to have the block wall. It was corrected on the record. SITTING AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE

Mr. Mulvey

stated in the back-up are the current traffic counts that they’ve received over the last few months that are being considered in the report. Currently for the CIP they are meeting weekly with CA group to discuss the traffic counts and street sections because currently the street sections are based on 20,000 trips maxi and we are half that right now.

Mr. Waggoner

asked if these are average daily.

Mr. Mulvey

stated no these are the highest, they do have an average but these are the highest numbers during the week they got counts. The numbers on the sheet are one day on that street at that intersection.

Commissioner Lee

asked what the difference on the list is between Homestead and Homestead 2.

Mr. Mulvey

stated Homestead #2 was counted at the same time originally the other two Homesteads weren’t. It was mainly to show traffic that went to Maverick and traffic that went to The Source and what continued on in the same time period. Currently they are going through the current CIP street sections to adjust them to match the current trips and projected trips out to 2050.

Mr. Waggoner

asked if there is a projected final date.

Mr. Mulvey

stated no, not that he is aware of. To address public comment the original CIP projected over 100,000 population here which had a ridiculous amount of ADTs and we are just over 80,000 here. Our current road cross sections are massive compared to the actual trips we have so they are trying to update those.

Commissioner Turner

asked for clarification using these numbers adjust the forecast numbers that were originally put in the CIP.

Commissioner Turner

stated which would adjust how much money is allocated for those purposes, yes or no.

Mr. Mulvey

stated it would adjust the overall cost for each type of street. Their goal is to reduce the size of the street section. The CIP is not a well-funded operation.

Commissioner Lee

asked Mr. Birk if he has read, understood and agreed to the conditions of approval outlined in the staff report.

Commissioner Turner

asked who did the visitor statistics in the back up.

Mr. Birk

stated if was off the data they received from Nye County.

Mrs. Medici

stated the Town Tourism office provide them.

Commissioner Turner

asked if they will be long term or short-term visitors.

Mr. Osborne

reviewed his staff report stating staff is recommending approval of the application.

Commissioner Lee

stated previous applications PW has asked they have one point of entry off the roadway. Does that still apply. Tyler Mulvey stated that is handled through the site development process, but one driveway is preferred but why would that make sense for a single family to have a U-shaped driveway, and this isn’t the case so it is now administrative.

Commissioner Hayden

stated these applicants come to us stating it is for low-income housing and asked if there is a way to hold applicants to this for a particular time.

Mr. Waggoner

stated that is not constitutional.

Commissioner Meridith

asked how big the homes will be.

Mr. Osborne

stated they are 591 sq ft. Page 4 of 9 Applicant was not present at the meeting.

Commissioner Koenig

stated these are all on public water.

Mr. Osborne

stated this is to renew a CUP that has expired. The applicant was unable to obtain approval of the Cat I site development. They do have an application in and they have changed a condition to give them 6 months to gain approval of the SD. Staff is recommending approval of the applications. Jeremiah Johnson with Taney Engineering stated they agree with all conditions of approval.

Mrs. Medici

reviewed her staff report stating this item is related to the discussions during the MP update that was zoned VR-20 and needed to have the zoning updated.

Commissioner Turner

asked why it states a portion of a parcel. Page 5 of 9

Mrs. Medici

stated there is a portion of a lot that is split zoned the GC or NC that will remain the same and the portion that is VR-20 will be rezoned.

Mr. Waggoner

stated with the VR-20 it opens the door for subdivision map for 1/2 acre lots. This puts another step in that process.

Mrs. Medici

stated this application goes with our Master Plan chapter 2 Community Design, Goal 1, Objective A.

Mrs. Medici

stated in regard to the water impact – the lots sizes are generally 1 – 2 acres will not have a large impact like larger lots that would be do agricultural. This will kept a residential area and with conformance into RD there won’t have the excess of homes being developed in the area.

Commissioner Turner

stated it doesn’t matter if it is a 20-acre parcel, they still only are allowed 2 acf of water rights.

Commissioner Koenig

stated if there aren’t water rights on the property they have to buy 2 acf and give back 1 so that leaves only 1 acf they can use on the property. Ammie Nelson stated it is her understanding that the State Engineer has a stipulation you buy 2 acf and have to relinquish 1.5 acf. She agrees with this item and agrees that it is a beneficial item.

Mrs. Medici

has included a section of 15.28 which is a portion of the Air Quality code. 17.04.730 Parking requirements, the last section of the back up is the Ambient Air Monitoring Plan by NDEP. We have 4 monitors here is the valley that the State watches closely. The reason they are still implementing these air quality requirements is to keep the dust down due to the construction and mother nature. They are trying to maintain compliance with the state and the contractors are diligent with completing their dust control plans and water being put down.

Commissioner Koenig

stated whenever we look at these, the contractors he has no problem with, but his issue is with the people that drive their ATVs and generate 10 times more dust then the storage facilities would by driving 5 mph. Any of the storage facilities that don’t have pavement drive 5 – 10 MPH and there is no dust. He understands staff has to give it to them the way they do. He stated these come to the RPC and they can’t change it, but then it gets to the BOCC and they approve it. He asked the ADA why they can’t approve it. Michelle Nelson, ADA stated she doesn’t see anything in the code that gives the BOCC a special exception to waive it, however the BOCC may act as they will. Page 6 of 9

Commissioner Koenig

stated then why can’t they act as they wish.

Mr. Waggoner

stated because the RPC follows rules.

Commissioner Carbone

stated if they feel it is wrong they need to make changes to code.

Commissioner Lee

stated 15.28 allows dust palliatives but 17.04.730 doesn’t. Can we identify dust palliatives that we can put into both codes? Or can we designate areas like design corridors, that we would want paved. Can we look into a design corridor or development corridor?

Commissioner Koenig

stated on page 1 Item B it states all existing unpaved storage areas greater than or equal to 5000 sq ft shall implement the following dust palliative measures by 12/31/2005. If you take by 12/31/2005 out it does it.

Commissioner Lee

stated then 15.28 then conflicts with 17.04.

Commissioner Carbone

stated he agrees to doing it by area. If it is in town then have standards if it is in the boonies, it doesn’t make a difference.

Commissioner Lee

stated she thinks it does make a difference, all this came about because the PM 10 levels were too high and they were put on notice by the State and were required to implement measures.

Mr. Waggoner

stated it was an MOU and it went through 2017. They didn’t satisfy the MOU until 2017. He is more supportive of parking areas because of ADA and there isn’t wiggle room for that. Behind the gates going in, he doesn’t disagree and would probably be fine, the problem is not everyone maintains stuff here. We can drive around and look at storage facilities and some are looking well, and some don’t even pull weeds. You will never be able to write a code to cover every scenario, and how do you regulate it.

Commissioner Lee

stated she’d like to review it in comparison to the Masterplan Objective and Goals and resolve the conflict between the two codes. We should take our time and review this properly. She stated to staff lets resolve the conflict between 15.28 and 17.04 first.

Mr. Waggoner

stated there are parts of the code that state or an approved alternative, if someone is willing to present an alternative that does appear to alleviate the dust concerns it could get approved by the board. That would be a good solution to allow that.

Commissioner Lee

stated she agrees, language in 15.28 needs to come over to 17.04.

Commissioner Turner

asked if in the event of an alternative, is that brought up to staff prior to the meeting or does the RPC have to judge at the moment.

Mr. Waggoner

stated it can be written as an administrative approval between PW and Planning or a board action required.

Commissioner Turner

asked if the alternative will be researched by staff prior to coming to the board.

Commissioner Lee

stated adding an alternative would alleviate the people from having to come to the board.

Commissioner Carbone

stated what if the applicant can’t do the alternative what do we do, it then goes to the BOCC and if we are going against the code then we need to change it.

Mr. Waggoner

stated then we will end up in an MOU again. He has had several calls from the State in his time here because of air quality readings exceeding the levels in a certain period of time. If we have multiple times we exceed then they start looking at us. If the Feds start looking into it, then we really have an issue. Page 7 of 9

Commissioner Turner

stated he would like the burden of proof be presented by the applicant if they do provide an alternative and it comes to the board. He also asked staff if there is a record on yearly shutdowns issued due to the wind.

Mrs. Medici

stated she will look into that for him.

Mr. Mulvey

stated for consideration there are requirements for fire access and fire weight for vehicles if we do approve alternatives we need to make sure it meets those requirements.

Commissioner Lee

stated they could say alternatives are not allowed in designated fire lanes, or something like that.

Mr. Waggoner

stated that is an issue with the storage sheds, they may not have to pave every one but there is a distance that the apparatuses have to get to those buildings and those surfaces need to be all weather per the fire code. That eliminates a lot of alternatives.

Mr. Mulvey

stated we could also combine and make match our public works guidelines for paving. There are different requirements between residential areas and commercial.

Commissioner Koenig

stated he volunteers to sit down with Qiana and go through this.

Mr. Waggoner

stated that information can be obtained through NDEP, they run the monitoring stations that report the data. Ammie Nelson stated she agrees with John, where she lives on any given day there are signs with road work ahead and it is off the road, the water trucks are there watering but the dust is coming from the golf carts or dirt bikes driving on the ROW for VEA to fix the lines. Have VEA fix some protection on the roadway so the dust doesn’t rise. They should be dropping in on the construction sites unannounced.

Commissioner Turner

stated he would like staff to look into a quarterly publication of layman terms of the ordinances. For example, parking an RV on a property with well and septic, is it allowed and where. Whether it is in the paper or something quarterly.

Mr. Waggoner

stated we need more useful things to do. We can put it on an agenda and there isn’t anyone in the audience. He doesn’t know how we’d get the word out to make it effective. We’ve met with realtor groups and that is a good source.

Commissioner Turner

stated he could put together a group between news, TV and other announcements.

Mr. Waggoner

stated with a funding source, yes.

Commissioner Koenig

stated it would only get to about 25% of the population. Page 8 of 9