October 2, 2024

Commissioner Lee

presented John Koenig for his most recent years of service on the RPC. Brett Waggoner stated in the code we address unpermitted or unapproved work that requires land use permit, or Site Development or building without permits we can charge you up to 4 times the fees and penalty up to $5000 for residential project and up to $50,000 for non-residential projects. We are enforcing that and have enlisted the Assessor’s Office for anything that is new with no approval during their appraisals. We do have discretion on who we can charge and who we don’t. Tyler Mulvey stated this Saturday from 8 – 12:30 they will have their household hazardous waste event in Beatty.

Commissioner Lee

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

Commissioner Bohannon

asked if they have a biohazard plan.

Ms. Upshaw

stated yes, she does.

Mrs. Medici

reviewed her staff report stating this is for Mt. Falls Planning Area 9ABG, and staff is recommending approval of the street names listed in the application.

Commissioner Lee

asked who provided completed worksheet in the back up.

Mrs. Medici

stated Lisa Haux our Mapping Administrator.

Commissioner Lee

stated several on that sheet are recommended for denial are recommended for approval.

Mrs. Medici

stated yes, they meet code, these didn’t end up being double suffix as defined so they went through them again to get the 15 names required. Rebecca Chiriboga representing the applicant, she stated they have no issues with staff’s recommendations or conditions.

Commissioner Lee

asked if #12 and #14, Golden Sage Lane and Golden Berg Lane don’t phonetically sound the same but are they maybe too close.

Mrs. Medici

stated from the comments received by dispatch it doesn’t conflict with any names in the county.

Commissioner Lee

asked if they have a fireworks permit for this location.

Mr. Waggoner

stated they have had one in the past, they have also had a CUP for this location for a retail store and warehouse but that has changed.

Commissioner Hayden

suggested to amend the language for #15 to add in “by written notice” to state, “The applicant and any successor by written notice shall direct any purchaser” that way there is something in writing. Page 3 of 9

Mrs. Marshall

stated they can make that in their motion.

Commissioner Bohannon

was concerned with the drainage issue, would there be an impediment in staff’s view for them to do that.

Mrs. Marshall

stated it would be addressed in the Site Development process. Richard Sheehan representing the applicant.

Commissioner Bohannon

asked them to speak on the drainage issue.

Mr. Sheehan

stated they have discussed that with the General Contractor and they can address that.

Mr. Waggoner

stated that is part of the SD process, they don’t have to have engineering at this point, this is just the entitlement to start the project, you can’t expect nor hold them to anything they say now because they probably don’t know how they will address it until they have an engineer look at it. Scott Burdett stated one exhibit they turned in is from the Engineer on the project. They have thought about it.

Commissioner Lee

asked if they have read, understand and agree to the conditions of approval including the amended condition.

Mr. Sheehan

stated yes. He also stated all the containers are empty and everything is in the warehouse.

Mr. Waggoner

asked when the containers will be removed.

Mr. Sheehan

stated they are in the process of selling and moving the containers.

Mr. Waggoner

stated there are conditions on the CUP for the new warehouse.

Mr. Sheehan

stated yes, three months.

Mrs. Marshall

reviewed her staff report stating staff finds sufficient justification to recommend approval of the CUP. The applicant will submit for Site Development, and an Encroachment Permit with PW.

Mr. Waggoner

stated with each project as part of the SD process, depending on the impact, there is a new traffic study that is done for that particular development, where it will impact with different intersections, the roads leading to it and they are reviewed with any improvements that are already slated for a particular intersection. If this puts more of an impact it may increase the need for more improvements at that intersection. Page 4 of 9

Mr. Mulvey

stated a traffic study isn’t always required, either. It depends on the land use and the type of project they are doing.

Commissioner Lee

stated her challenge she sees is this is a County road that intersects with a State Highway.

Mr. Mulvey

stated part of the review process is to require NDOT review when it involves their own ROW. The developer gets comments and review letters that they forward to the County.

Commissioner Hayden

asked what the time frame for the traffic study is.

Mr. Mulvey

stated it is typically dependent on the applicant and their engineer. There is an industry standard for when they expire.

Commissioner Hayden

asked how the state coordinates with their department and what their turn around time is.

Mr. Mulvey

stated he doesn’t handle that, that is done by the applicant, they reach out to NDOT for review.

Mrs. Marshall

stated they do have a special condition of approval that requires the SD to be submitted and approved within 12 months. All those studies have to be done within those 12 months, and they have a 6-month report they must do as well.

Commissioner Hayden

asked if that information comes to them regularly.

Mrs. Marshall

stated they ask for a 6-month check with the CUP, and there is a 1 year deadline to have approval of the SDP, that includes the traffic studies, etc.

Commissioner Lee

stated if they fail to meet any of the conditions of approval they can come back to the RPC for revocation.

Mr. Waggoner

stated one correction is that they don’t have to come back before the RPC for revocation.

Commissioner O’Brien

is wondering about the timing of this development and the roundabout that is proposed with the state. If this development comes before the roundabout would be adding to the congestion and the issues of the original traffic and additional traffic to the new development. Timing is important with the state, so the intersection isn’t any more dangerous than it already is.

Mr. Mulvey

stated the roundabout isn’t being done by the state, it is developer driven. The state doesn’t have any plans to do it themselves.

Commissioner O’Brien

asked if this developer is taking part of that on?

Mr. Mulvey

stated he doesn’t believe they are the same developer.

Commissioner Lee

stated she has seen approved plans from NDOT, they have been through the review for the roundabout, done the dedications for the ROW and it is a developer driven and built roundabout.

Commissioner O’Brien

stated the timing is still an issue.

Mr. Waggoner

stated if the roundabout wasn’t timed with this development or come about, if there is impact that comes from the impact study, that require improvements at the intersection they will have to do the improvements. It may not be a roundabout, it could be a light, we don’t depend on one developer to do one thing and not hold this developer accountable. We don’t dictate the timing of the projects and neither does the RPC.

Commissioner Tyler

stated Eberhard is shown on the map, but doesn’t exist at the moment. That will be addressed in the traffic study if any part of Eberhard has to be put in? Page 5 of 9

Mr. Mulvey

stated he believes that is as a special condition that they have to build it.

Commissioner Tyler

asked only the section that effects them, correct?

Mr. Mulvey

stated yes, and that was dedicated for a realignment because the original Eberhard was straight, with a 46 degree angle to the highway and NDOT doesn’t allow that.

Commissioner Hayden

asked hypothetically, could a situation arise that dual construction happens that could cause a dangerous traffic situation.

Mr. Waggoner

if one developer decides to do the roundabout and these people are under construction, with any road construction comes a traffic safety plan that mitigates the dangers from the construction.

Commissioner Hayden

asked who generates the plan.

Mr. Waggoner

stated the traffic engineer for the one doing the construction on the road improvements.

Commissioner Hayden

asked who that goes to.

Mr. Mulvey

stated it would be NDOT. Sheldon Colen representing the applicant. The project has been in their books for a while now the whole site developed around the roundabout and won’t happen unless the roundabout happens, and that was the whole point of it, was to get better access into the sight. The access is from the roundabout and on to a private street behind it, Eberhard will only have a right in and a right out and have no traffic light to turn left, there will be less traffic problems and no lights in any part of it.

Commissioner Hayden

asked if the roundabout doesn’t happen they won’t go forward with the gas station?

Mr. Colen

stated no he doesn’t believe so, the whole site is designed around the roundabout.

Commissioner Lee

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

Commissioner Bohannon

stated the applicant stated they won’t build if the roundabout doesn’t happen, but they would be able to build if there isn’t a roundabout, correct.

Mr. Waggoner

stated if there isn’t a roundabout and their traffic study requires some other type of improvement they would be required to make that improvement.

Commissioner Bohannon

asked Mr. Colen if they had an alternative would they press forward?

Mr. Colen

stated he can’t answer for Green Valley Grocery but the only reason they are at this point is because they didn’t want to move forward unless the roundabout. The private developer went to them and said the roundabout would happen and if it doesn’t happen then they won’t build.

Commissioner Hayden

asked if there is a department that looks at or trying to procure businesses to come to Pahrump and other than the Masterplan is there other oversight that ends up on 160 as a business.

Mr. Waggoner

stated there is SW Economic Office and the Chamber of Commerce. The state has an office that is for economic development that work with companies that enquire. Any gas station, grocery store, have companies that do feasibility studies, research and market studies for them.

Commissioner Hayden

stated that may be true, but what do we want the street to look like. She does think there may be a use for a gas station there because your next gas station is Las Vegas.

Mr. Waggoner

stated without something written in code, restricting the amount or number of gas stations or restaurants in a certain radius, if it is a permissive use on the property and they go through all the steps to development you can’t pick and choose. They have to be careful of discrimination.

Commissioner Bohannon

stated this is a traffic concern, our concern is making sure that will meet reasonable expectations with traffic flow.

Mr. Waggoner

stated eventually Thousandaire will be developed to the highway.

Mrs. Medici

reviewed her staff report stating the zone change would be conforming and approval would allow the applicant to build the SFR and rezoning from Commercial would also remove more intensive uses. Public Works would like to amend special conditions #4 and #5 by adding a time frame, they would like to add “within 6 months from the date of approval” to both those conditions. Page 7 of 9

Mr. Mulvey

stated for clarification other items that have dedications normally have mapping, but this application doesn’t. The original map that created this parcel didn’t dedicate ROW there. They set a side private ingress egress easements for almost every street in that subdivision except for one and it is 300 lots or so.

Commissioner Tyler

asked how these were zoned Commercial in the first place.

Mrs. Medici

stated back when they did the comprehensive rezoning they sent out notices to all property owners and they had the chance to come in and say what zoning they wanted. They wanted commercial so they could sell it one day. This gentleman bought it and they want to build a home. John Furlong applicant stated he wants to build a home which he was told it was a simple process and has been involved for 9 months. He was unaware of the setbacks and the Planner never told him what the setbacks are for the zoning district. All his engineering drawing and survey will put him in a world of hurt, he was told 10 feet and now he may have an issue and put his deal in jeopardy.

Commissioner Lee

stated the setbacks are something that you can talk with the Planning staff with when it comes to the plan. This is the first step that will get the property zoned properly so you can move forward for the ZR to build. Brian Kunzi, DA, stated he understands PW always asks for these, but the reality is forcing the applicant to give up a setback for a ROW when there isn’t anything on the other side, you can’t put a road with just half a ROW. It isn’t fair for the County to require this individual to give up that land unless and until the ROW is going to be put in. At that point and time, honestly the response is if you put a ROW you are taking and you will have to pay for it. He thinks there are some legal issues here. He is talking about the Leffner ROW.

Mr. Mulvey

stated they will continue to tell people they don’t maintain it then. They get calls regularly to maintain these streets but they aren’t dedicated to the County.

Commissioner Lee

stated she sees two houses two lots in and they look land locked unless they have access on Leffner. She assumes it is access someone started driving down.

Mr. Mulvey

stated they are private easements not owned by the County.

Commissioner Lee

stated for clarification it is their responsibility to maintain.

Mr. Mulvey

stated yes, and most people don’t know that when they buy it.

Commissioner Lee

asked Mr. Kunzi if he recommends they remove the condition.

Commissioner Lee

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

Commissioner Bohannon

asks why he wants to change the zoning, so he can resell it?

Mr. Furlong

stated no, he owns the property next door and he wants to build a home.

Commissioner O’Brien

asked PW if they want a statement made on a condition that if they remove the easement on Leffner that it is stipulated that the responsibility for access of the street remains as a private issue with the property owners of the development. Page 8 of 9