January 15, 2025

Commissioner Hayden

stated she is listed in attendance and was absent and should be listed as out.

Mr. O’Brien

Asked Mr. Osborne for the number of current code cases we have for the next meeting.

Mr. Osborne

stated yes. Sitting as the Capital Improvements Advisory Committee

Commissioner Bohannon

asked how much funding is it?

Mr. Mason

stated the program is limited in funding because it’s a small program. The focus of the program is to save money ahead of time, so the Bureau of Corrective Action or Water Quality Planning doesn’t spend lots of money to fix the contamination issue in your system.

Commissioner O’Brien

asked Mr. Osborne what they need to do in order to get her project and keep Never Forgotten running?

Mr. Osborne

stated the septic system is settled. What remains is the paved parking lot for customers and employees, and landscaping.

Commissioner O’Brien

asked if they can waive landscaping at this particular place since it’s out in the middle of nowhere?

Mr. Osborne

stated you can waive anything that’s in the application.

Commissioner O’Brien

stated she just has to comply with the handicap part. Pat Leming, executive director of Never Forgotten Animal Society stated she has been in the animal rescue business now for over 7 years and processed 5200 animals in that time frame. Regarding the handicap, it has been installed to standards just waiting to install the handicap parking sign itself. She agrees with Mr. O’Brien with the landscaping. They are building a dog park in the yard. They requested a waiver for the parking because the area is rural and the street, they are of is a dirt road. They have a fenced in parking lot and overflow of parking will utilize the North acre. Asked to waive the lighting since there is no one in the area at night.

Commissioner Bohannon

stated there was sufficient evidence provided that there would be financial hardship from landscaping, but you just said you put in trees?

Ms. Lemming

stated their intention was to build a dog park so at her own expense she planted trees, that are on an irrigation system, but its minimal.

Commissioner Bohannon

asked if there are plans for shading as well for the summer? Pat Lemming stated they have existing tarps, but it’s not financially feasible to add more trees.

Commissioner Bohannon

asked if she quantified how much it would be to do landscaping?

Ms. Lemming

stated she did not. She can say she has a $9,000 vet bill and significant expenses due for dental work for 15 dogs. She just purchased vaccines at $5,000. Financial hardship would be an understatement.

Commissioner Bohannon

questioned throughout the 7 years and today 5,200 animals have gone through the shelter?

Ms. Lemming

stated, she can’t imagine Pahrump without them there. The shelter is overcrowded, 2 rescues have closed. She turns away 30-40 dogs a day sometimes.

Commissioner Bohannon

stated there is a limitation of 50 animals on-site that are greater than 6 months old.

Ms. Lemming

stated she has no idea where that number came from. Because the number fluctuates on a moment-by-moment basis. They have adoption events, like the 3rd Saturday at Tractor Supply, where they are able to adopt out 8-15 animals. Page 5 of 18

Commissioner Bohannon

stated a couple years ago in Amargosa Valley there were issues, how do you make sure it doesn’t happen to you?

Ms. Lemming

stated that was a county failure. She did not participate in it.

Mrs. Marshall

clarified that the limitation on the 50 animals was the first special condition of approval that was on the CUP in October, which was in the staff report as submitted and agreed upon by Pat Lemming.

Commissioner Tyler

stated as a reminder to the commissioners that the DA has said if they are going to alternate findings, they need to make sure they are substantial and meaningful.

Ms. Lemming

stated in regards to the landscaping, in policy number 2 of the county standards, it says, that a project should be to promote innovative development standards that enhance the community through high quality projects, diversified and improved economic potential. She meets all of those standards. They have implemented and designed outside kennels. They have instituted policies and procedures for the care and welfare of all these animals, that is above and beyond the industry standard. She is asking the county to allow them to continue to do that without bankrupting them and without putting on standards that are not required for the area that they are in. The landscaping code should meet the desert standards, in which they meet. They have the same landscaping as everyone around them. She thinks is overdevelopment for the area and it’s not going to improve the property or improve the ability to serve the community. Michelle Nelson, DA, stated in 17.04.740 states outdoor sculptures, shade structures, decorative hardscapes, and rock are encouraged. And I believe the applicant had mentioned the shade structures as far as perhaps type of landscaping for that area.

Commissioner Bohanon

asked for clarification from animal control in relation to the staff report, he understands from animal control perspective, you were asked if you would recommend, and your answer is yes. Kristi Seigmund stated yes.

Commissioner O’Brien

questioned legal if they put in a waiver for 1 year. Pat makes the improvements. Let’s say she’s complied with the regulations and has answers from the state. He feels and agrees because of the unmaintained road that its pointless to pave. She’s complied with the ADA parking. She’s shown improvements since the matter. Can they revisit this in a year or 2 years? The Landscaping is futile, and the lighting is sufficient. Ms. Nelson, if you looked at what the special conditions if of approval were, there is a 2-year time limit as part of those special conditions.

Commissioner Hayden

stated she has driven up to the property, and it looks presentable and not out of character. She wants to see the money go to the animals and not for landscaping. She sees no reason to not grant the waiver.

Commissioner Tyler

stated they need to make alternate findings.

Commissioner O’Brien

stated he finds it based on a hardship on the fact that the parking, landscaping do not conform with current standards that are there.

Commissioner Bohannon

stated this is a rural setting and that paving and landscaping is appropriate for that setting. There is a landscaping hardship due to the cost.

Ms. Nelson

stated they need to take a 5-minute break to craft a motion. Meeting went into recess at 7:22 pm. Meeting reconvened at 7:30 pm. Page 7 of 18

Commissioner O’Brien

withdrew his motion, Commissioner Bohannon withdrew his second.

Commissioner O’Brien

asked Director Osborne for the location of the tower on the property. Concerned if the tower fell, that it is not on county easements. Page 8 of 18

Mr. Osborne

stated it would go through site development, and there should be a conceptual site plan. It is the dot in the southeast corner of the property. John Gundacker, applicant, stated the tower will be in the safest place possible. It’s a 5-acre parcel and we planned on putting it in the farthest distance in the back but waiting for site development plan to be put together to make sure the requirements are met. It’s going to be a cable free, freestanding tower.

Commissioner O’Brien

is concerned that if somebody developed the properties around you, that would put them in the fall zone of your tower. Recommends to staff a full 100 radius fall zone plus 5 ft.

Mr. Gundacker

stated he is compliant with that. There's no danger of any threat to physical health. The 100- watt antenna is equivalent to a 100-watt bulb in a house. Going to put a cinder block wall with pine and cottonwood trees.

Commissioner Hayden

questioned if the block wall will stop kids from being able to climb over it.

Mr. Gundacker

stated their intention was to build the block wall as high as needed in order to keep people from being able to climb over. They were thinking 10-12 ft, working with Mr. Osborne and the building department in making sure it is met. Item A: Motion: recommend approval of ZCMP-24-11 based upon findings and subject to the conditions of approval in the staff report, Action: Recommend Approval to the BOCC, Moved by John O'Brien, Seconded by Faith Simunick. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Faith Simunick, John O'Brien, Leah-Ann DeAnda, Pamela Tyler, Tim Bohannon. Absent: Debra Hayden and Beth Lee. Item B and C: Motion: approve WV-24-22 and CU-24-27 based on findings and subject to the conditions of approval adding in a condition that the antenna is not closer than 105 feet from any property line, Action: Approve, Moved by John O'Brien, Seconded by Tim Bohannon. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Faith Simunick, John O'Brien, Leah-Ann DeAnda, Pamela Tyler, Tim Bohannon. Absent: Debra Hayden and Beth Lee. 11. Continued from the December 11, 2024 Meeting - For Possible Action – CU-24-45: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit for an Animal Sanctuary on a 40-acre parcel Zoned RH-9.5 located at 2380 N Corbin St., Pahrump, NV. Assessor Parcel Number 027- 181-24. Andrew Chiu Investment Trust – Property Owner; Civilwise – Agent/Applicant. (This item is Page 9 of 18 Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.)

Mr. Osborne

reviewed the staff report and recommended approval for the animal sanctuary. They are proposing 30 kennels, so as one of the conditions is not to exceed 30 dogs and they would have to go through SD to get that approved within 1 year. Bill Cookston representing the applicant. Stated the applicant has read and agrees to the special conditions of approval. Andrew Chiu, property owner, stated they are running a rescue for senior dogs. He applied for a CUP for a 4 acre property last May. At that hearing, there were concerns regarding the noise level of having that many dogs and the potential disruption it would cause. We were granted a 90-day reprieve to address the noise and to reconvene. He looked for a larger property and found this 40-acre lot. The building will be as far away from any existing structures as possible. He is open to putting up noise barriers, both natural and artificial. His number one priority is to ensure they won’t be a nuisance or disturbance. There will be a 6ft fence. There will be on-site staff 24/7. They will rely on donations and grants to sustain them financially.

Mrs. Medici

stated Mr. Dahl has provided additional back up he would like accepted into the record.

Commissioner O’Brien

questioned Nye County Animal Control if this is an enclosed, fully enclosed facility with soundproofing and climate controlled? Page 11 of 18

Mrs. Seigmund

stated that is correct. She and Andrew spoke about the facility that is similar to the one that he has, which has a complete soundproof walls, mini splits so that it's temperature controlled, the fans and fully enclosed. But as far as the kennels that are permanently outside, no, that's not the plan that Andrew spoke with me.

Commissioner O’Brien

needs more elaboration on his network of foster families and a network of contacts that might benefit Nye County as far as our animals.

Mrs. Seigmund

stated he already pulls the senior dogs which have been a tremendous help to the overcrowded shelter. They both talked about how they can work in the future together. Nye County Shelter will have access to his network of fostering, that will help get these animals into homes and not kennels. Also, his commitment financially to help with medical costs.

Commissioner O’Brien

stated he currently has 5-acre parcel that he’s operating?

Mrs. Seigmund

stated he does have a parcel off of Barney. He is following all of Title VI and keeping his numbers under regulation. The Barn is immaculate. No complaints or neighbor issues.

Commissioner Bohannon

asked the square footage of the structure. For clarification, the last page of the backup shows as proposed 3,390 square feet

Commissioner O’Brien

questioned Mr. Osborne if there is anything in the back up regarding the commercial septic system and the effect that would come from washing out the stalls, picking up after the dogs. Are there any recommendations regarding dust?

Mr. Osborne

stated the commercial septic system is a special condition of approval 8. As far as dust, that's when they go through the site development plan process, all of the parking, driveways and paved parking, will get reviewed and addressed.

Commissioner O’Brien

questioned if they could put a condition in for possible improvement on the street approaching, and then in the site development put in for dust abatement, provisions in driveways and pathways going between the caretaker and the actual site where the animals are kept.

Mr. Osborne

stated yes you can add them as conditions of approval.

Commissioner O’Brien

asked Mr. Chiu if he is willing to make improvements to the street going to it, ie. either chip seal or some improvement to abate dust and a pathway to the caretaker facility to the kennel to make sure there is no dust on the pathway to the facility.

Mr. Chiu

stated he is willing to he also wanted to note there will not be a lot of traffic. It won’t be open to the public, if they need to show a dog to someone it will be taken to someone else place.

Mr. O’Brien

stated he is placing his facility that has 50 homes within a quarter mile. Given that any additional traffic in the area will create dust. With a SD agreement to where he will help them take care of the street and area going into the property so there is no dust will help answer 9 of the 10 complaints. With further assurement of the soundproof facility.

Mr. Cookston

stated Barney is chip sealed, the intent is to have the driveway come off Barney. When he is talking about improve the road it is a public road and a high cost.

Mr. O’Brien

stated he is referring to the long driveway not the road. If it is gravel there will be dust, but if they chip seal or put a dust abatement in the process, and put as a condition that is what he is asking.

Mr. Cookston

just wanted clarification that he meant the driveway. Page 12 of 18

Commissioner Bohannon

stated he has proposed 30 kennels. Are they looking at going beyond that?

Mr. Chiu

stated his limit is 30, these are senior dogs and they are trying to find homes for them. They don’t plan on going over 30 dogs.

Commissioner Bohannon

stated condition of approval #6 states Applicant shall not exceed thirty dogs on site at any one time. And asked if he agrees to that.

Mr. Chiu

stated he agrees to that.

Mrs. Marshall

stated this was actually sponsored by a member of the public and he is in the audience to address the application. Ronnie Murphy stated he acquired a 2006 triple wide. They are here for a waiver to put it on 5 acres and give it to his daughter. They discovered the 10-year rule. Requests the ordinance to allow the planning dept on a case-by-case basis to review, because it’s a really nice house.

Commissioner Tyler

stated it changes the language to allow for a waiver. It doesn't grant it by right.

Mrs. Marshall

clarified that the waiver would still have to come to the RPC for approval.

Commissioner Strickland

stated the request is for a 10-year waiver, the home is 2006.

Commissioner Tyler

stated the request is to remove the 10-years.

Commissioner Bohanon

stated it is to amend the ordinance to allow the planning department the option of presenting a waiver.

Commissioner O’Brien

stated he had a family whose home burned down. He had double wide that was in perfectly good condition. He had to go before the town board and then the county commission, and they all toured the property that we were going to gift to this person that lost their home. They came in and said it was the most gorgeous home they'd ever seen. The process took about 3.5 months to get it approved. He is all for this on a case-by-case basis, but he does not want to see the 10-year removed.

Commissioner Bohanan

stated he sees a lot of value in this, it gives an option to make a decision.

Mrs. Marshall

reviewed her staff report and finds insufficient justification to recommend approval for a waiver of Code 17.04.320 C to waive the minimum rear building setbacks from 30 ft to 5 ft off the property line, for the property at 540 s highway 160, to ensure they fit the building on the parcel with plenty of parking for customers. The project is required to go through cat 1 site development. Andrew Jordan, applicant, stated he is building a new goodwill, and they’re asking to change setback from 30 ft to 5 ft, to create the additional parking for the county code for the size of building goodwill is asking for.

Mrs. Marshall

clarified the site map, Raindance is actually considered the rear setback. That’s where the 5 ft would be coming from. The access is not going to be entered.

Commissioner O’Brien

stated the set up is similar to dairy queen and along there. The setback for that is 7.5 feet and there’s no issue with that building. Page 14 of 18

Commissioner Tyler

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

Mrs. Medici

reviewed her staff report and stated the applicant is requesting a CUP to allow for the operation of a commercial stable, it is a permissible use in the RH-4.5 zoning district with an approved CUP. There is an active code case on the property as well as a cease and desist was posted on the property advising Mrs. Kuglin that she did not have approval to begin business at this location. Pursuant to NCC 17.04.070, enforcement and penalties, section f, withhold permit application, number 1. The county may deny or withhold all permits, certificates, applications, or other forms of authorization on any land or structure or improvements upon determination if there is an uncorrected violation of a provision of this code or of a condition or qualification of a permit, certificate, application, approval, or other authorization previously granted by the county. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation. In the event that that Ms. Kuglin stops conducting business illegally, removes the boards from her facility and comes into compliance with the codes she can then apply for a CUP for the commercial stable. In the back up there are photos and screen shots of the facebook post, Cease and Desist before and after it was defaced by Ms. Kuglin. Staff is recommending denial of the application. Tina Bond – Kuglin applicant stated she has a pack of 15 letters regarding her property, her state business license and having a boarding facility. She wasn't prepared to say anything here today because she is only here because they forced her. She served the county with an affidavit of fact suing them for $122,000.

Commissioner Strickland

asked legal counsel if they should move forward with this if legal counsel has been mentioned.

Ms. Nelson

asked for clarification if there was a lawsuit filed? Miss. Kuglin stated the planning department and the planning committee was served an affidavit of fact to Mark and his department.

Commissioner Strickland

stated they are served at the County Commission level and the chair is out of town and she would have been served and she hasn’t received anything.

Ms. Nelson

stated she isn’t sure what the applicant is referring to and stated it doesn’t sound like an actual civil litigation has been filed, however they should continue this item to the next meeting. She can check with the litigation department to see if anything has been received. Miss. Kuglin stated she had over 20 people here on her behalf, but most had to leave. She has followed all procedures, started with her state license, obtained her EIN number, and LLC and filed with the state. She Page 15 of 18 then started this process in October and it was turned down. She has had to apply 3 times. She had a meeting and it was her opinion that she needed to do this and then she denied her. She wrote a letter and submitted it all over again and was approved. She is not the only boarding facility that the board has held up for a year and a half.

Commissioner Tyler

stated none of what she was stating is pertinent to what they are looking at tonight. But based upon what her statement was and what the DA, Ms. Nelson tells us they should do they will consider not hearing this because they need to find out if there is active litigation or not.

Ms. Nelson

stated there still needs to be public comment. Item reopened at 9:22 pm.

Mrs. Medici

reviewed her staff report and found sufficient justification for approval for a CUP to allow for the operation of a body art establishment on a GC zone parcel. Nick Giordano, applicant, appreciates Celeste’s help throughout the process, as well as the boards time.

Commissioner Tyler

questioned Nick Giordano if he’s read, do you understand, and do you agree with the if approved conditions?

Commissioner Bohannon

stated there has been talk about how expensive fees are. It would be nice to see what our fees are. He gets approached that business costs are too high.

Mrs. Sandoval

stated all our application fees are available on the Planning website. 17. Public Comment (second) – No action will be taken on matters raised under public comment until the matter itself has been included on an agenda as an action item. (Three-minute time limit per person and speakers are requested to limit comments to items not on the agenda.)