September 11, 2024

Commissioner Lee

stated she submitted some minor typographical errors to staff, they had no bearing on the minutes.

Commissioner Hayden

stated she abstained because she wasn’t present last month.

Commissioner Lee

stated she will open Item 10, 11 and 12 together and move item #8 to after item #14.

Commissioner Lee

presented Walt Turner with his years of service plaque for being a member of the RPC.

Commissioner Carbone

stated today they had the 9/11 ceremony at the County eye, a lot of people showed up. Brett Waggoner stated he is glad the ceremony is done so no one forgets that awful day. He also attended and it was very well done. b. Director’s Report

Mr. Osborne

stated for August total Planning applications received was 235 which was 45 less than last month. Total applications processed was 107 which was 37 less than last month. Since July 1st there has been 423 Planning applications and 109 new code compliance complaints and that compares to 117 Planning applications and 93 code complaints for the same time period last year. August for Code Compliance we received 54 new complaints which was 1 less than last month. Cases closed was 20 which was 19 less than last month. Previous items heard by the RPC in July they heard AB-24-4 it was denied and was appealed and heard by the BOCC 8/20/24 and the board 3-2affirm the decision of the RPC.

Commissioner Lee

would like to reopen Item # 5 to present Commissioner Turner with his plaque.

Mr. Osborne

stated this item was continued from the March 13, 2024 meeting because PW was intending to go through the process of abandoning 9 – 10 ft of ROW behind the curb and that is actually still in process. Page 2 of 13 Staff is recommending continuing this item to allow the process to finish. They are recommending 6 months to the March 2025 meeting.

Commissioner Lee

asked Tyler Mulvey with Public Works if 6 months is sufficient to get the abandonment completed.

Mr. Mulvey

stated hopefully. There is one person that is doing the surveying, they went one route to abandon and now they are doing a full map for all the parcels.

Commissioner Lee

asked if the applicants were okay with continuing.

Commissioner Tyler

amended her motion to continue WV-23-21 for an additional 6 months to March 12, 2025, Seconded by Tim Bohannon.

Commissioner Hayden

asked if the DA’s office assisted them in this draft, she has a question on page 5 about protective custody. It says the animals will be released to the Public Administrator or executor. Most people are doing trusts, if the trustee of the trust passes away, is the successor automatic or need court permission? Should the word trustee be added in?

Ms. Nelson

stated the sentence above stating animals in protective custody shall only be released by the owner or authorized designee in writing. If there is an authorized designee such as in the trust then that would fall under that.

Commissioner Bohannon

stated the limits on dogs and cats being 10 it didn’t indicate lot or housing size. If he has 25 or 1 acre he is only allowed 10. He has seen other jurisdictions in the country that are different than that. He is accustomed to seeing it based on acreage or lot size. He is disappointed to see T & R to go out, he understands why. But he would like to see that in the future.

Ms. Siegmund

stated T & R is something that has always been rescue led and she agrees it is very important in our community and maybe a subsection in the future is medical services offered through the shelter which are inclusive of trap and release.

Commissioner Bohannon

asked if she finds the fees gathered from this sufficient or opportunity there.

Ms. Siegmund

stated there is definitely opportunity in the fee schedule for adjustments they are part of a resolution and not Title 6. So they can address at another time.

Commissioner Hayden

asked what they do when they have livestock. There must be cases of abuse of horses and donkeys, where do they go in the county.

Ms. Siegmund

stated they do have instances of livestock. They come to the shelter and they have a foster community that will take the animals in during those situations.

Commissioner Hayden

stated in the document it talks about the size of enclosures for livestock and she doesn’t believe that is sufficient space for horses. She thinks in the future it should be increased because they need to be able to walk around or lay down. There could also be suggestions for waste removal, if they have livestock they should have arrangements for disposal of the waste.

Commissioner Bohannon

asked how much did the big cat public safety act impact what they have in there.

Commissioner Carbone

stated they did follow some of those rules in there as much as they could, but they don’t have as much as that document has in it.

Commissioner Hayden

stated if they have smaller acreage there should be a requirement to offer shade for livestock.

Commissioner Bohannon

stated there are petting zoos in the town, will that be an impact in this.

Ms. Siegmund

stated that is where the grandfathering clause comes in. It is the new ones that we want to be more hands on with.

Mr. Waggoner

stated for clarification that would be those operating legally.

Commissioner Lee

stated the correct term would be legal non-conforming, not grandfathering. Page 4 of 13 Meeting went into recess at 8:00 pm Meeting reconvened at 8:12 pm.

Commissioner Lee

stated they will only have a 30-minute time limit, this will be agendized at a later date with the BOCC and they will open up a full public comment period. Doug Varin stated he is a hobby breeder and has been for many years. He went through the permitting process and is against the backyard breeders and agrees with the proposed changes. He was concerned how this would affect him since he is a permitted breeder. They need to strictly state in these codes what the parameters are for the last 5 – 10 years it has been wishy washy. Tesa Wosik stated she is with Pets are Worth Saving rescue. They saw 130 + puppies and almost 100 kittens, this is the cause of animals not being spayed and neutered, this is important to get an ordinance and stopping the back yard breeding. It is killing the rescues and shelters, they can’t take in anymore. Scott Shoemaker stated he used to be on the Animal Advisory Committee and wants to affirm what you will see in the end and what you are seeing now will be different. There is stuff in this draft for vicious animals that contradicts NRS, that needs to be fixed with the way it is written. Sandy Comsa stated she volunteers at one of the local animal rescues. Many counties across the US have implemented spay and neuter laws to address the over population of homeless animals. Euthanasia rates in the US reached an all time high in September 2023 and adoption rates have decreased to pre-pandemic levels. If a dog or cat isn’t a show animal, service animal, or a protected category she can’t think of any reason why it shouldn’t be spayed or neutered. Glenna Elrod stated she is a show breeder and is in support of the spay and neuter of all backyard breed dogs but wants to protect her show dogs. Shannon Keller stated she volunteers at a shelter and has recently received 11 puppies 4 – 12 weeks old. It was frustrating because they wouldn’t give them the mother to just fix her. There should be something that states when we have to bring in this many of their puppies they should be required to give somebody their mothers to be fixed. It should be required to make them spay and neuter. Jason Mann stated he believes the presentation fell on deaf ears, they can’t move on this. In 2020 he tried to get on the agenda to adopt a spay and neuter ordinance and they didn’t even vote on it. This is where it starts, we are responsible to protect the animals. His biggest concern is that no one is enforcing it. Suzanne Zervantian stated she is a local veterinarian in town for 21 years, she has worked with the local animal shelter as well as one of the largest ones in Las Vegas. She believes they have been more open minded and actually read the document unlike some of the County Commissioners. The document still needs a little bit of work but is better than what was before the BOCC in May. Kristi has been an incredible asset to the community. Kathleen Rollins stated she is one of the Animal Control officers, it is difficult for her to show up to a home that has 15 – 20 puppies and she can’t do anything about it. She can’t enforce anything and the last thing she can do is take those puppies to a shelter that is already at capacity. They are getting no where with where they are now. Kristi is doing a great job with what she is trying to do. Everyone is afraid of euthanasia, but it is going to come to this with the back yard breeders. Heidi Wells stated she is the director of a no kill animal shelter they have been inundated with dogs, cats and kittens. There needs to be a trap and release system in place they have to stop the influx of the puppies, they aren’t getting adopted. Page 5 of 13 Molly Clark stated that Kristi has done a great job. She loves the idea of mandatory spay and neuter. She would like to see some education opportunities to educate the future generations on spay and neuter. Heath Campbell stated he works with DTSF he has had several cases with way too many animals, kids aren’t making it to school because of respiratory problems because of the animals, they aren’t taking care of them or the houses. Mandatory spay and neuter is a great idea. Samantha Alterio previously worked for Desert Haven, they had two hoarding cases that resulted in 120 animals in two days. In her one year working there she saw 5 cases just like that. The only solution is mandatory spay and neuter, they need to offer a low-cost clinic for the community because the community can’t afford to pay for it.

Commissioner Lee

reminded the audience this will go before the BOCC and they can make public comment during that time as well.

Commissioner Carbone

stated the plan is to have this on October 15 BOCC.

Commissioner Lee

asked since this is an existing strip mall, is the parking sufficient and are the hours of operation going to work out so they have alternating operations, so they have sufficient parking for all the uses there.

Mrs. Medici

stated Ms. Upshaw addressed that in her justification letter, hours of operation are 10 am til 8pm and as far as parking the way the schedules work there will be plenty of room.

Commissioner Lee

asked if this has reciprocal parking agreement with America First National Bank?

Mrs. Medici

stated she isn’t sure but will look into that.

Commissioner Bohannon

stated he would like to confirm with condition #5 that they are good on that.

Mrs. Medici

stated yes if approved they will have to comply with all State, Federal and County regulations and Ms. Upshaw has already been in contact with Sue Huff who is the inspector for the State Board of Health.

Commissioner Bohannon

asked if there are any other departments that are impacted that need to still respond or has everyone responded?

Mrs. Medici

stated everyone has responded.

Commissioner Lee

stated since Ms. Upshaw isn’t here do you know if she has read the conditions of approval and agrees to them?

Mrs. Medici

stated she doesn’t know. Page 6 of 13 Public comment opened and closed at 6:21 pm with no comments.

Mr. Waggoner

stated he is surprised Ms. Upshaw isn’t here because she was very interested in getting the CUP. It does state on the agenda that any person with an action item on the agenda must be represented at the meeting or the item may be tabled.

Commissioner Lee

opened items 10, 11 & 12 together.

Mrs. Medici

reviewed her staff report stating all three waivers pertain to setbacks within three proposed planning areas within Mountain Falls.

Mr. Waggoner

stated this is the same type of waiver that was previously approved in the Ovation subdivision in Mountain Falls.

Commissioner Lee

asked staff if the RPC has the authority to grant waivers to requirements set out in a Development Agreement.

Ms. Nelson

asked for a moment to look that up. Meeting went into recess at 6:27 pm. Meeting reconvened at 6:33 pm. Page 7 of 13

Ms. Nelson

stated it is her understanding the DA has reference to VR-8 zoning district and is to comply to those setback requirements and that is what these waivers do so it would be appropriate to entertain these items.

Commissioner Hayden

asked if these parcels are going to be designated 55+ can that ever be reversed?

Mrs. Medici

referred to the applicant.

Mr. Waggoner

stated we can’t restrict who they sell to.

Commissioner Hayden

stated these are being marketed that the 5 – 10 ft are going to enhance 55+.

Mr. Waggoner

stated no, they are being done to accommodate the smaller product. They are doing smaller lots, but we can’t tell them they can’t sell them to a particular class.

Commissioner Hayden

asked then why market it that way.

Mr. Waggoner

stated he doesn’t think they are.

Commissioner Hayden

stated the justification letter states it will be to a 55+ community.

Mr. Waggoner

stated that is what their Ovation community has been.

Commissioner Lee

stated it is a product that they can fit on a lot and market.

Commissioner Hayden

stated she doesn’t agree with the way this is being presented. Mark Fiorentino representing the applicant, stated the staff report outlines what they are asking for. The DA referencing to a Specific Plan which set outs the setbacks and it states the setbacks can be deviated from by approval of the RPC. The county didn’t require them to deed restrict the lots but they are in fact deed restricted. The Ovation product is filling the need in the community for senior housing so they are taking the same product and serving the need.

Commissioner Lee

asked if he has read, understood and agree to the conditions of approval.

Mr. Fiorentino

stated yes, however condition #2 is only a year time limit and they have all agreed that three years would be a better fit.

Commissioner Lee

stated they will amend condition # 2 to change the year to three years, making it to 2027.

Commissioner Bohannon

stated he understands the structures will be very similar to 4C and 6 so the fire hydrant concern all that is in the plan already and not a concern at this point.

Mr. Fiorentino

stated the product isn’t similar it is identical.

Commissioner Hayden

asked what type of modifications they are making to make these attractive to 55+.

Mr. Fiorentino

stated it gives them the flexibility to pick a slightly larger house on the lot, the alternative would be putting a smaller house on the lot.

Mr. Mulvey

stated the traffic study is already done, there are certain thresholds that trigger certain improvements, and they are currently updating that report.

Commissioner Bohannon

asked when that is expected to be done.

Mr. Mulvey

stated that is a question for the Developer.

Mr. Fiorentino

stated he isn’t sure when the exact update is due, but he was just told they are working with the traffic engineer. The original master traffic study was done and required certain things to be done during certain thresholds including making road improvements or contributing to roadway updates and they are getting close to thresholds that require them to update areas which they are doing.

Commissioner Hayden

asked if the waiver is denied will the structures have to be removed or dismantled?

Mrs. Marshall

stated they will remain in violation and go farther in the code compliance process.

Mr. Waggoner

stated yes, they would have to be removed.

Commissioner Lee

asked if there is an avenue or possibility for a TUP?

Mr. Waggoner

stated no, they required a building permit and all impact fees, building permit fees being paid. There is a provision for an accessory structure but it must be in relation to the construction of the principal residence or principal residence already there. Marco Doto stated the cages have been removed and the only thing that they still have and want to keep is the building. He thought he read proper code rules but he is wrong. All he is trying to do is resolve this. He plans on building a home. Page 9 of 13

Commissioner Hayden

asked if they plan on building themselves or hiring a contractor.

Mr. Doto

stated he plans on hiring a contractor, but he doesn’t have that type of money at the moment.

Commissioner Hayden

asked where they plan on putting the house based on where the other structures are located.

Mr. Doto

stated he would have to put it in front of the power, water and propane tank.

Commissioner Bohannon

asked for Mr. Doto to explain what he referred to that he didn’t know he needed building or code compliance.

Mr. Doto

stated they just wanted to build a shed, so they looked up to the best of their knowledge, it says under 200 sq ft it doesn’t need a building permit. He could tear it down but he doesn’t want to. He wants to know if there is a way they can work this out so he can keep it. They own a property down the street from him on Pittman, a place in Vegas and they knew what it entails.

Mr. Doto

stated he doesn’t have a residence in Pahrump, he rents a town home for his daughters to go to college, and he does stay there sometimes for Dr appts and work. The structure doesn’t have a slab. There is no one living in the structures, it is just for storage and he doesn’t even know if the toilet works.

Mrs. Doto

stated the neighbor has threatened them, she thinks he is mad at them. It is unfair he is angry with them.

Commissioner Hayden

asked if he lives in Pahrump or Las Vegas.

Mr. Doto

stated he has a daughter and son that live here, he lives here on the weekends and he has a town home he rents in Las Vegas.

Commissioner Bohannon

asked Mark Gancarz with Code Compliance for clarification that he received a report of the resident that spoke during public comment.

Mr. Gancarz

stated yes he was a complainant.

Commissioner Bohannon

asked if he has inspected the property.

Mr. Gancarz

stated yes, he met them there the other two dwellings are filled with possessions, one that has a toilet and shower can’t be used because it is filled with stuff. The block shed would have needed to go through Page 10 of 13 a zoning review application and would probably have been denied because there is no principal dwelling on the property. The previous two buildings were grandfathered.

Commissioner Bohannon

asked if the structures were livable.

Commissioner Bohannon

stated his concern is the rules weren’t followed here and we need to be careful to send a message about following the rules. However, there are circumstances that there was going to be a home there. He doesn’t think the 4-year time frame isn’t achievable.

Commissioner Lee

stated she would like to remind the board they are only to be looking at land use issues and they have to stick with the findings. This has to remain a land use issue. If the choice of the Commission is to go with a motion that goes against staff’s recommendation and findings, they also must find alternate findings.

Commissioner Bohannon

stated their next option, if denied is to appeal to the BOCC.

Commissioner Lee

stated yes, any person aggrieved by the RPC can file an appeal.

Commissioner Tyler

asked what the minimum building size you can construct without a permit?

Mr. Waggoner

stated they are talking about two different things. Zoning review is needed for anything, pump house, a fence, 8x8 shed. That wasn’t done. A Building permit if it is a non-habitable structure maximum is 200 sq ft. If people are looking online, he would think they are looking everywhere.

Mrs. Marshall

reviewed her staff report stating the project would include a 20 unit complex on a multi-family zoned parcel. The proposed use is consistent with the MF zoning, NCC requires them to apply and obtain approval of a CUP. If approved this needs a Cat 1 Site Development. Staff finds sufficient justification to approve the application. Russ Meads, representing the applicant stated the project is straight forward, it is for affordable housing that is needed. In the special conditions of approval it asks for a Cat 1 to be completed in 1 year. It is tight for this one because of the utility upgrades for the project. It will have to go through NDEP and that is around 8 – 9 months.

Mr. Waggoner

stated staff isn’t opposed to make this a 2-year time limit.

Commissioner Lee

asked if it is submitting within 6 months or completion in a year.

Mr. Meads

stated it is the completion in 1 year. They can submit in 6 months, they can submit without final NDEP approval but they can’t get final approval without NDEP approval. That timeline is very tight. Page 11 of 13

Commissioner Hayden

if their complex will have deed restrictions.

Commissioner Hayden

asked for clarification that there won’t be storage units for every unit?

Mr. Meads

stated no, there are density requirements and because of that it gave them some room to have a few storage units for the tenants.

Commissioner Hayden

asked what the plan is to market as 55 + and if there isn’t enough interest you will open up to others.

Mr. Meads

stated yes, the initial plan is to be 55 and over, the reason they aren’t doing it by deed restriction is because they have multiple family members involved in ownership and restrict later on if things change, deed restrictions are a lot harder to remove.

Commissioner Hayden

stated as they age we need the accommodations. She finds it offensive that they claim something will be age 55 and there are no deed restrictions and no accommodations like grab bars etc. or one story.

Commissioner Lee

stated that is covered under Building Code and not land use, and not under their purview.

Mr. Waggoner

stated we can’t tell them they can only build single story unless the code says that. This is about land use only, they want to build MF on a MF zoned parcel.

Commissioner Lee

asked DDA Nelson if they can reopen item # 9, the applicant has called in on the phone.

Ms. Nelson

stated no, they have already taken action and it will need to be heard next month.

Mr. Osborne

stated staff would like to suggest a 2nd RPC meeting in October. If they can agree on a date. Celeste Sandoval stated we do need to make sure the chambers are available as well.

Mr. Osborne

stated they were thinking October 2nd pending availability. Page 12 of 13