November 13, 2024

Commissioner Lee

stated she submitted some minor typographical changes and have no bearing on the context of the minutes

Commissioner Lee

stated they can take item #11 first.

Commissioner Lee

thanked all the Veterans for their service.

Commissioner Carbone

stated the BOCC meetings are on the 15th and the 21st. b. Director’s Report

Mr. Osborne

stated Planning applications received was 196 which is 57 more than last month, total applications processed was 90 which was 19 more than last month, Building Permits received: Single Family Residential was 32 which was 16 more than last month, Multi Family was 0 which was one less than last month, Commercial was 8 which was 9 less than last month. Total Permits issued was 178 which was 22 more than last month and total inspections was 504 which was 39 less than last month. New Code Compliance complaints was 51 which was 13 more than last month and complaints closed was 5 which was 38 less than last month. Previous items heard by the RPC: ZCMP-24-15 was heard at the 10/02/2024 and recommend to approval and will be heard by the BOCC on 11/15/2024. ZCMP-24-12 was heard at the 10/9/2024 RPC meeting and recommended for approval as was its corresponding zone change and they will be heard at the 11/15/2024 BOCC meeting.

Commissioner Bohannon

asked if the choice of the name is a precursor to the College coming.

Mrs. Medici

stated no, it just made more sense than Linen and Cape. Russ Meads applicant.

Commissioner Lee

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

Mrs. Medici

reviewed the staff report stating the applicant is requesting a 6-month extension to submit a Cat I site development plan. The property owner has completed the annexation process to GBWC and the delay remains with the review between the property owners, engineer and the engineer for Great Basin Water. Scott Leany partners with Tim Birk on the RV Park. They have gotten through with Great Basin and it is now with NDEP for final review. The do have the surface disturbance permit and once NDEP approves it they will turn in their building permit as far as excavation.

Commissioner Bohannon

asked if 6 months is enough.

Mr. Leany

stated he hopes by the first of the year they have equipment running.

Mr. Waggoner

stated they have to submit for SD and get approval on that before any permits can be pulled. This is just to extend the time to submit the Site Development.

Mr. Leany

stated once the plans come back from NDEP, he turns it in to Planning?

Mr. Leany

stated he is just waiting on NDEP to approve what Great Basin has already approved.

Commissioner Bohannon

asked if they are confident they will begin in 6 months.

Mr. Leany

stated if they can extend it that would be fine.

Commissioner Simunick

stated the recommended time by staff is December 2025.

Commissioner Lee

asked Mr. Leany if he has read, understands and agrees to the conditions of approval. Page 3 of 9

Commissioner Bohannon

asked Mr. Wheeler if a year is reasonable.

Mr. Wheeler

stated yes. He was told as of yesterday it should be 8 – 10 weeks for them to get it back to Double M.

Commissioner Lee

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

Mrs. Marshall

stated in the conclusion and recommended motion it should read November 21 st to match what is in the conditions of approval.

Mr. Osborne

stated the applicant is on his way and asked if they can skip for now and come back to it.

Commissioner Lee

stated yes, they will move on to item #12. 10. a. For Possible Action - ZCMP-24-17: Public Hearing, discussion, and deliberation on an application for a Master Plan Amendment (Minor) to change 1.2-acre lot from RDR (Rural Density Residential) to CDA (Community Development Area) to allow the expansion of Rent-2-Go Rental Facility, located at 5800 E Gamebird Rd., Pahrump, NV. Assessor’s Parcel Number 041-292-13. Chrismor Investments LLC – Property Owner; Top Rank Builders Inc.- Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this Page 4 of 9 item. Final Action by the Board of County Commissioners is scheduled for December 17, 2024, or as otherwise announced.) b. For Possible Action – ZCMP-24-16: Public Hearing, discussion, and deliberation on an application for a Conforming Zone Change on a 1.2-acre lot parcel zoned RE-1 (Rural Estates Residential) to GC (General Commercial) to allow the expansion of Rent-2-Go Rental Facility, located at 5800 E Gamebird Rd., Pahrump, NV. Assessor’s Parcel Number 041-292-13. Chrismor Investments LLC – Property Owner; Top Rank Builders Inc.- Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for December 17, 2024, or as otherwise announced.) c. For Possible Action – Resolution 2024-27: Discussion and deliberation to adopt, amend and adopt or reject Pahrump Regional Planning Commission Resolution No. 2024-27: A Resolution to amend the Master Plan Designation within the Pahrump Regional Planning District, on Assessor’s Parcel Number 041-292-13, from Rural Density Residential (RDR) to Community Development Area (CDA). (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.)

Mrs. Marshall

stated the purpose of these applications are to rezone from RE-1 to General Commercial and change the master plan designation from RDR to CDA to allow for the expansion of the Rent To Go rental facility. The master plan amendment, if approved, will allow the zone change and would be similar to the other parcels previously approved. Staff finds sufficient justification to recommend approval of the applications. The Resolution does require an edit, on page 2, line one it should state “landowner or owners at a particular point in time; and/or does not adversely impact all or a portion of the.” Rene Morales applicant stated this is to expand his business, it grew faster than they expected.

Commissioner Bohannon

stated in the back up the discussion was that there were no residents around today. But when it does start to fill in how does he see that going for them?

Mr. Waggoner

stated with commercial properties there is a requirement to have block walls, you can have commercial up against residential, and that is where the development standards.

Commissioner Lee

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

Commissioner Lee

asked if the applicant was okay with January.

Commissioner Lee

stated one thing she wanted to touch on was the RPC duties. When they are appointed they received a binder from Planning and she wants them to make sure they read through that. It covers the duties of the Planning Commissioner, ethics, Open Meeting law and sections of code. The master plan is a guiding document and it guides how the valley develops. It identifies areas of residential, commercial, industrial, parks, open spaces, all different categories. And it's a document that they update every five years per NRS. It’s not always a quick process, but we'll start it every five years. It's not always one and done depending on the changes in the community, it can be a complete rewrite depending on how things have changed in the valley and with development. It does not give development rights to the properties, so it is a guideline. On top of that, you have zoning and that has the specific zoning districts that are applied to the properties that actually give the developmental rights to the property. Each zoning district has uses that are permissive and conditional. If a GC property use is permissive for what someone wants to do, they don’t need to come before the RPC unless they need a waiver or something like that from development standards etc. Other than that, they go straight to Planning and start the Site Development process. The applications that come before us are the first step in the development process. If it's a conditional use permit, a waiver, if it's anything like that, they start with us as the first step and getting that approval with CUP. Page 6 of 9 Applications for Street names, CUPs, Waivers, those are final action by the RPC and Masterplan Amendments and Zone Changes come to the RPC first for recommendation and then it goes to the BOCC for final action. Each application is in Nye County code and have findings that have to be made by staff, they gather the information and do the research, they prepare the staff reports, evaluate the findings and provide a recommendation and motion for the RPC. They also suggest we have conditions of approval on all of our staff reports and all of our applications. There are some that we have a set of standard conditions of approval which apply to every conditional use permit, waiver, zone change, master plan amendment. They also have special conditions of approval, and the special conditions of approval are specific to each application and location, so they can vary from one application to the next. Not every waiver, not every use permit is the same. When staff bring those forward to us, they do have the option to modify, to amend or remove and add additional conditions depending an how they see fit.

Commissioner Bohannon

asked where the conditions come from and if they are explained to the applicant before hand?

Mr. Waggoner

stated yes they are, they are discussed in the Pre-Application meeting.

Commissioner Lee

stated when they get here, they shouldn’t be surprised of anything but maybe public comment. One thing the board needs to remember is they handle land use and land use applications. So, the questions have to stay relevant to land use. Staff has the motions listed in the staff reports and when you agree with the motion you agree to what staff is recommending. If you disagree you have to make your own finding that support why you are going against staff’s recommendations.

Mr. Waggoner

stated you also have to be careful with apartment complexes or multifamily with questions pertaining to age groups, income groups etc because you are bordering prejudices and the same goes with even a business. If staff supports it, it is because it is based on the location permissive uses and there are safeguards that need to be addressed.

Commissioner Lee

stated back to site developments the reports that are required or lighting, landscaping, parking, paving are development standards and then they go to the Building Department where they have to adhere to the Building code for life fire safety and everything they require.

Commissioner Bohannon

stated land use and the use of water which is Chapter 6 of the Masterplan, it is his understanding that there is communication between the water district and Planning and should we be looking at it in more detail as items come up or is it handled elsewhere?

Commissioner Lee

stated to a degree it is handled elsewhere. If they have to connect to a utility they have to go through NDEP or if it is a commercial well, they have to go through DWR and NDEP.

Mr. Waggoner

stated if you aren’t an engineer, are you qualified to make the determination on water usage. Other agencies review and have engineers calculate that usage.

Commissioner Lee

stated they can ask questions to a degree but subject on waste disposal, water usage they can get input from those boards. It can be discussed but goes through a review with staff, if it is a flood plain it has to go through a review and meet FEMA requirements for that.

Mr. Waggoner

stated our code addresses flood zones as far as the elevations that you have to be. We look at the flood zone. We make sure that the civil plans show that the paths are going to be up out of the flood zone. We look at drainage that's going to come from a project.

Commissioner Lee

stated it will go to Public Works for Site Development review where they look at driveways for access points they do drainage studies well, not drainage studies you. You look at drainage and then they have thresholds that will trigger traffic studies, drainage studies. Page 7 of 9 Tyler Mulvey stated they don’t require design to 100-year flood zone, they require safe conveyance. It is usually designed to the 10 year flood with safe conveyance of the 100. If they want to build to the 100, they are okay with that too.

Commissioner Hayden

asked if they have solar projects that require water, who does that go to.

Mr. Waggoner

stated the Water District, they go before them and present their project. They’d have to have engineered calculations and operations and maintenance. Annual usage calculations and it gets reviewed by BLM and DWR.

Commissioner Lee

stated with conditions of approval they are put on because they are conditions the applicant has to adhere to. If they don’t adhere to the deadlines, or a due date their CUP can expire. One of our standard conditions of approval is that they have to comply with all Federal, state, local laws, rules, ordinances. If they get through everything and start violating state law the Planning Department will take action and they run the risk of losing their CUP. Another item she addressed was the Conflicts of Interest or Disclosures. Everyone needs to go through Open Meeting Law training. In the binder read the ethics portion, if you have a conflict of interest, if you know the applicant, if there's a pecuniary interest, if there's a financial interest, if there's something like that you need to disclose it for sure, you may need to abstain from voting or recuse yourself. Brian Kunzi stated what she stated is correct, as the DA he serves as their council and if they have any concern with their ethics he recommend you contact my office because if they issue an opinion that they have no conflict and the Ethics Commission has a different opinion it doesn’t matter, because they will be protected. If you don’t ask for an opinion and they did find a conflict that was disclosed, or you should have abstained you will suffer the consequence of the violation. His office is here to help you guide you through that process. You abstained from voting only when absolutely necessary, because there's actually a public policy that you're expected to do, the job that you were appointed to do and that is to vote on these matters. You can’t use because you don’t want to vote on it you can get into trouble for not voting on something when you don’t have a legitimate conflict.

Commissioner Lee

stated not every disclosure will lead to abstention or recusal.

Mr. Waggoner

stated the handouts in the back up are available to the public and explain the process and gives you examples of what you need to know and conceptual site plan requirements. When they come to meet with us for a pre-development meeting or a pre-application meeting or any of that. We are giving this process to them and can explain the processes. With site development for instance, first thing you got to do is get your approvals from the utility companies. You need to talk to the electric. You need to talk to whoever your water and sewer provider is before you can even submit an application.

Commissioner Hayden

asked if the applicant complying with Health and Human services for children or county for requirements on animals, are those added under the site plan?

Mr. Waggoner

stated day cares are licensed through the state, we would look at the site plan as far as the code requirements for circular driveways etc.

Commissioner Hayden

asked if they have to provide the approval from the state.

Mr. Waggoner

or they would be condition that before they issue a business license they have to provide the permit or license from the state.

Commissioner Tyler

stated all they are doing here is giving them the go ahead to build what they want or to do what they need to do within the guidelines that we give them on that lot. Everything else is regulated by another agency and an agency that's going to have continual follow-up. If we don’t give them approval they aren’t going to pay an engineer to draw up plans. Page 8 of 9