May 15, 2024

Commissioner Lee

stated they need to elect a new Secretary/Clerk due to a resignation.

Commissioner Lee

stated she submitted some minor typographical errors to staff that didn’t alter or change the context of the minutes.

Commissioner Lee

stated they will do #8 and then #12 and then continue with the rest of the agenda items.

Commissioner Carbone

stated he appreciates the public coming in and talking about the item.

Commissioner Lee

stated she would have liked to see them at the meeting. b. Director’s Report

Mr. Osborne

stated for April total Planning applications received was 237 which was 62 more than last month. Total applications processed was 102 which was 25 more than last month. Building Permits for the month of April single family residential was 41which was 7 more than the previous month. Multi Family was 0 which was the same as last month. Commercial permits was 15 which was 3 more than last month and total permits all categories was 194 which was 39 more than last month. Total inspections all categories 447 which is 79 more than last month. New Code Compliance complaints received was 64 which was 7 more than last month and closed 33 which was 6 less than last month. Previous items heard by the RPC – ZCMP-24-1, ZCMP-24-2 were heard by the RPC and recommended for approval. Heard by the BOCC on 4/16/24 and approved. ZCMP-24-3, ZCMP-24-4 and ZCMP-24-5 were heard by the RPC on 4/10/24 and recommended for approval and will be heard by the BOCC on 5/21/24.

Commissioner Turner

stated he is abstaining from the item. Melody Keith stated she doesn’t know if this is the appropriate time but they mentioned giving 3 day notice.

Commissioner Lee

stated her public comment needs to be about the item open, but she can stay to the end of the meeting where they will have another public comment section. Public comment closed 6:27 pm.

Commissioner Lee

asked what changed between 2021 and now to require it to have a CUP?

Mrs. Medici

stated the original CUP required an SDP and as it progressed through it didn’t require SD and the CUP expired.

Commissioner Lee

stated his justification letter states he has been operational since 2019. Was he operating prior to 2021?

Mrs. Medici

stated it has been operational since 2021.

Commissioner Lee

asked if the animals adhere to Title 6.

Mrs. Medici

stated yes. Alex De Jong, applicant stated he has nothing to say about his project.

Commissioner Lee

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

Mr. De

Jong stated yes.

Commissioner Turner

asked if anyone lives on site.

Mr. De

Jong stated he does.

Commissioner Turner

asked if they have reached out and work with the local 4-H club.

Mr. De

Jong stated they are close, one step away.

Commissioner Hayden

asked why he added the wedding chapel.

Mr. De

Jong stated he just did it to make it look better, he just painted it and called it the little red barn and let it do some advertising.

Commissioner Hayden

asked how many animals he has on the property.

Mr. De

Jong stated 80 +.

Commissioner Hayden

asked if he has help.

Mr. De

Jong stated he has lots of volunteers and helpers. Page 4 of 12

Commissioner Turner

asked if he will limit the maximum number of parties or receptions he will hold.

Mr. De

Jong stated yes.

Commissioner Turner

stated once he sets limits to please also set rules of interaction with the attendees and the animals.

Commissioner Carbone

stated he has been to the property and now that he has a larger amount of animals we need to pay attention to the fact it is 5 acres with 80 animals.

Commissioner Lee

asked if the property has been inspected by Animal Control.

Mr. De

Jong stated yes.

Commissioner Lee

stated there are two vacancies.

Commissioner Lee

stated the comments about the protocol between attendees and animals, who sets those? Is that administrative or Animal Control?

Mr. Osborne

stated if they felt they wanted a condition they could add to the CUP they could do that.

Commissioner Hayden

stated there are 80 animals on the property and who monitors how many are there?

Mrs. Medici

stated that might fall under Animal Control but Nye County doesn’t have a limit under Title 6 for livestock.

Commissioner Hayden

stated she hopes he has liability insurance and they would tell him how to keep his insurance in full effect so people and animals don’t get hurt.

Mrs. Medici

reviewed her staff report stating staff is recommending approval of the application. Susan Florian stated they agree with all the staff’s conditions.

Commissioner Lee

asked if they SD on track and they can meet the deadlines in the 6-month time frame?

Mrs. Medici

stated the applicant is requesting to change public streets to private. The developer is revising the area to an age restricted area which requires the area to be gated. Staff is recommending approval of the application. Susan Florian stated they agree with all the staff’s conditions of approval.

Commissioner Tyler

asked if the area is vacant or residences on the lots.

Ms. Florian

stated they are vacant and this is being requested ahead of building.

Commissioner Carbone

asked if this is within the development agreement, and they are making changes to it.

Mrs. Medici

stated this is within the DA and they are allowed to make these modifications.

Ms. Florian

stated the gates will be EMS accessible. Page 6 of 12

Commissioner Hayden

asked how that works.

Ms. Florian

stated they have a sensor on the gate.

Commissioner Lee

stated this will be worked out with the Building Department and Fire Department.

Commissioner Hayden

asked if when the vehicle rolls up then there is something on the vehicle that the sensor senses it, and they have access?

Mrs. Medici

stated if that isn’t equipped on the vehicle then they do also have an access code where they can enter in the event of an emergency.

Commissioner Lee

asked how William Lyon Homes came to the determination to change this to a gated community was it due to the market?

Ms. Florian

stated the developer made that change.

Commissioner Koenig

suggested a condition that they get with the Fire Chief or EMS to ensure they get something that is compatible with the Town has.

Mrs. Medici

stated the Fire Chief does have an opportunity to address and approve Tentative Maps.

Commissioner Tyler

suggested revising it so it states all emergency responders and not just the Fire Department.

Commissioner Turner

asked if in the development are they limiting the amount of neighborhoods they will make age restricted or is it on demand?

Ms. Florian

stated she doesn’t have that answer but can get it for him.

Commissioner Lee

stated this is being requested to be withdrawn without prejudice.

Commissioner Koenig

asked the DA if they have to abide without prejudice or can they do with prejudice. Michelle Nelson stated that is the applicants request, if the board determines and makes a motion otherwise it is within the boards purview.

Mrs. Medici

stated the applicant is requesting a conforming zone change from RH-4.5 to OS and a CUP for a rodeo arena, which is a requirement under the OS zoning district. The arena is used to qualify for the National Rodeos. Mr. Ortiz has held events like this for the past several years and was not aware of the CUP or the limitations of the RH-4.5 zoning district. There are two events per year and last 3 – 4 days with 300 – 500 spectators per day. Special Event permits are applied for with the Town of Pahrump. Upon review of ZCMP-24-7 staff finds it complies with the requirements of NCC 17.04.895 and CU-24-11 staff finds the use complies with NCC 17.04.465 and 17.04.920 for rodeo arenas. Staff is recommending approval of both applications. They would like to add two additional special conditions of approval adding #12 Event hours shall be limited to between 7 am and 10 pm, and #13 the applicant must abide by NRS 574.100. Any violation of this condition shall result in revocation of the CUP. They did reach out to the Sheriff’s office and received a response back Lt. Michael Eisenloffel on a history of calls on the property. They didn’t have a lot of history but between 2013 – 2022 they had 6 accidental 911 calls from various individuals, nothing unusual. In all instances dispatchers did report hearing loud music in background and deputies responded and reported no emergencies occurred and all accidental misdials. Oct 2022 there was an assault reported by a male visitor from California that a drunk female assaulted him while attending a large party there. Neighbors have reported to deputies that the family that owns the property frequently throws such large parties. The last was April 2023 was a disturbance, an anonymous person called around 10:45 pm reporting loud music at this location. The deputy responded at 11:46 pm and reported that most people had left by then from the rodeo grounds and the music had already stopped. With that information from the Sheriff’s office that is why they ask to add those additional conditions. Page 8 of 12

Commissioner Lee

asked if this is a use that would be inspected by Animal Control?

Mrs. Medici

stated that can be added as a condition if the board would like.

Commissioner Hayden

stated she would and stated there is a state law that horses have a test to be brought across state lines. Not every equine illness can be stopped by a vaccine, but epidemics are spread because people are moving horses, and they aren’t vaccinated. Who would be inspecting if there are appropriate vet certificates to participate. Animal Control should be looking at that and maybe a vet being on site for medical services for animals and individuals. There is also some need for security so people aren’t injured or assaults alleged or not.

Commissioner Turner

asked who regulates the rodeos out here? Would they be required to do a permit for each event.

Mrs. Medici

stated yes, they have to have a permit and apply 30 – 60 days before the event. She isn’t aware of any vet requirements or branding inspectors. She can look into it for them.

Commissioner Lee

asked if this has an active Code Case on it.

Mrs. Medici

stated yes, that is how this began.

Commissioner Lee

asked if this would resolve the code issue.

Commissioner Lee

asked if they will be required to have a State of Nevada and Town business License.

Commissioner Turner

asked when the next event was to take place.

Mrs. Medici

stated she believes September or October.

Commissioner Lee

asked if the applicants were here. Applicants were not present at the meeting.

Commissioner Lee

asked the Board if they would like questions answered by the applicants.

Commissioner Lee

asked Commissioner Carbone as far as special event permits do they need to get them for the two events they hold. And is alcohol included in the permits.

Commissioner Carbone

stated yes, but the alcohol is a separate permit.

Commissioner Tyler

stated if they are saying they have 2 events a year but the neighbors are saying they are having multiple, the numbers aren’t working for her.

Mrs. Medici

stated this will go back to the Code Officer that is handling this so they can do additional inspections.

Commissioner Hayden

stated generally there is a fee to participate and prize money. Are they offering prizes?

Mrs. Medici

stated she doesn’t know.

Commissioner Hayden

asked if they have a Business License.

Mrs. Medici

stated they are a non-profit through the state, and they do not have a Town Business License.

Commissioner Hayden

stated to be non-profit they should be a 501C3.

Mrs. Medici

stated the property is owned by a private individual, Mr. Ortiz. It isn’t owned by the non-profit.

Commissioner Hayden

asked if they are running the rodeo through the 501C3.

Mrs. Medici

stated she doesn’t have that information.

Commissioner Hayden

stated she would like that information. Page 10 of 12

Commissioner Tyler

stated they have enough questions that she doesn’t know if they feel comfortable going forward with this as a board, and there is no one here to answer those.

Commissioner Turner

stated the way it was presented compared to what they are finding out the more they go on, they have public facilities they can get permits to use. He thought this was for public for a few people. The minute there is over 300 people that is what our public facilities that we have can be used for, get a permit for it and they can be overseen appropriately.

Commissioner Lee

stated she has issues with 300 – 500 people showing up on a residential lot. They didn’t show up so they can either continue to get questions answered or they have the right to deny it.

Commissioner Tyler

stated if they use the public facilities run by the county they have adequate parking for the large trailers.

Commissioner Hayden

asked if they deny this, who goes out to tell them and make sure they don’t run this next weekend?

Mrs. Medici

stated Code Compliance.

Commissioner Lee

stated this is reminiscent to an application we heard in the same area, quarter mile horse racing. Do we know how that has turned out?

Mrs. Medici

stated she doesn’t know, and asked if they would like an update on that?

Commissioner Lee

stated yes. Item A: ZCMP-24-7

Commissioner Hayden

asked in relation to when they receive the materials proposed for an upcoming agenda, is there any way we can get it sooner. It doesn’t leave a lot of time for research of topics.

Commissioner Lee

stated it is through the NRS and open meeting law. Page 11 of 12