February 12, 2025

Commissioner Lee

stated due to Commissioner DeAnda resignation they need to appoint a new secretary/clerk for this meeting. She would like to appoint Commissioner Faith Simunick.

Commissioner Lee

asked who they are that told you.

Ms. Bangora

stated it is on the notices she received about it.

Commissioner Lee

stated they could take a look at it if you got a public hearing notice, that means it is on an upcoming agenda either for here or the upcoming commission. Linda Clark stated she lives in Mountain Falls and there is work being done at the entrance. She wants to know why the residents that live there were not notified of anything. she called the planning commission and HOA nobody knew what was going on. She didn’t find out until 2 days ago and it is a little frustrating because it was going on for several weeks and nobody knew what was going on. . She wants to know if there was a reason why they were not given a notice they were going to be tearing our streets up.

Commissioner Lee

stated she knows work was being done along highway 160 which is under NDOT not the county.

Ms. Clark

stated isn’t this something you could notify us about because they are not going to. Tyler Mulvey stated we did have an encroachment come through because a part of it does go through Nye County ROW, they should have noticed, they don’t notice the encroachment because it is not the county’s project.

Ms. Clark

asked if they knew what they are doing.

Mr. Mulvey

said yes, we know what they are doing but we don’t notice for someone else’s project if it were our project we would notice.

Ms. Clark

stated it affected our streets in the community which from what I understand are under the county.

Mr. Mulvey

said not all of them.

Ms. Clark

asked if the entrance does.

Mr. Mulvey

said not yet.

Ms. Clark

stated she would hope in the future someone would give them some kind of warning of what is going on it is the main entrance to get on and out of there.

Commissioner Lee

suggested she reach out to NDOT.

Mrs. Sandoval

stated Planning applications received for the month of January was 232 which was 43 more than last month, total applications processed was 176 which is 103 more than last month. Since July 1, 2024 to January 31, 2025 there have been 1427 planning applications received, and 317 new code compliance complaints received compared to July 1, 2023 to January 31, 2024 there were also 1427 planning applications and 262 code compliance complaints received. Code complaints for the month of January new complaints were 60, which is 24 more than last month, complaints closed was 27 which was 21 more than last month and total active complaints through January 31st is 320. Building permits: single family residence we had 42 which is 21 more than last month, multi-family we have 2 which is 2 more than last month, commercial was 3 which is 3 less than last month, total permits all categories was 161 which is 35 more than last month, total inspections was 312 which is 7 more than last month. Previous items heard at RPC: ZCMP-24-21 was an application for a Conforming Zone Change from Light Industrial (LI) to Heavy Industrial (HI) for a propane distribution business, located at 2090 E. Basin Avenue. This item was heard by the RPC on the 12/11 agenda and was recommended for approval. This application was heard by the BOCC on the 1/22 agenda and approved 5-0. ZCMP-24-20 was an application for a Master Plan Amendment (Minor) to change a 9.954-acre portion of a 55- acre parcel from RDR (Rural Density Residential) to RDA (Rural Development Area) and there was ZCMP-24- 19 it was an application for a Conforming Zone Change on a 9.954-acre portion of a 55-acre parcel from Rural Estates Residential (RE-1) to Neighborhood Commercial (NC) these were to allow an RV Park, located at 600 S. Leslie St. These items were heard by the RPC on the 12/11 agenda and were recommended for approval. They were heard by the BOCC on the 1/22 agenda and approved (4-1 vote). AP-24-9 was heard at the 12/11/24 RPC, it was an Appeal of the Zoning Administrator’s determination that having livestock is not in compliance with the PRPD Zoning Ordinance, on property zoned Village Residential (VR-20), located at 521 E Hickory St. The RPC voted to uphold the Zoning Administrators’ determination, and the applicant has filed an Appeal of the RPC decision. The Appeal AP-24-10 is scheduled for the 2/19 BOCC meeting. ZCMP-24-11 was an application for a Conforming Zone Change from Village Residential (VR-20) to Rural Homestead (RH-4.5) to allow for the installation of a radio tower/antennae on a vacant parcel of land located at 1331 S. Barney Street. This was heard at the 1/15 RPC meeting, the RPC voted to recommend approval of this item. Final action is scheduled for the 2/19 BOCC meeting.

Commissioner Lee

asked the District Attorney if they need to open up public comment if it is a public hearing item. Brian Kunzi stated no.

Commissioner Lee

stated both items were requested to be continued to the March 12, 2025 meeting.

Commissioner Lee

asked if they have that fully executed and recorded?

Ms. Fehrman

stated the parking agreement is executed but not recorded. It was our plan to record it and if that is a condition of approval then we can do that.

Commissioner Lee

asked if they would you be okay with a condition for it to be recorded by March 12, 2025, into the conditions?

Commissioner Lee

asked what happens to the existing building?

Ms. Fehrman

said the existing building will be storage only. The applicant is under lease until 2027 at that building with options to renew and they have no plans of stopping the use of storage only.

Commissioner Lee

asked the applicant if they have read, understand and agree to the conditions of approval. With the addition of the parking agreement?

Commissioner O’Brien

stated during peak times we have noticed people parking on Frontage Road, by changing your retail operations to the closer to Saitta Trudeau he feels this is going to be more of an issue if your retail location will only have 31 spaces. He feels that they are going to utilize that Frontage Road because it is going to be closer to carry items from the store. The other issue he has is if the applicant were to break lease on the current store, it would leave them in severe deficit for parking and somebody else take over that store later down the road it could create a safety issue for that Frontage Road and congest traffic coming in and out from Frontage Road. It is not just July there are other holidays and your study was done at a non- peak time. I would like to revisit this issue during peak time and see if it is satisfactory. I like the business, but we need to make sure we have adequate parking. I think every retail business should take parking seriously and that is what the code is there for.

Commissioner Hayden

asked if we do not approve the waiver then what will the applicant do, are they going to redesign the building?

Commissioner Lee

stated that they have a couple options under Nye County code they have the right to appeal to BOCC and if they exhaust the appeal process, they can redesign the building or try something else.

Commissioner Lee

explained we are at our limits for firework permits.

Ms. Clark

stated she is just concerned about traffic, not parking. They are an eyesore and not safe. She doesn’t care if this passes or not, she doesn’t like it we have too many things in this town we do not need.

Ms. Fehrman

stated she would just like to reiterate that they have complied with all that the county has asked them to do.

Commissioner Bohannon

stated he would like to address something Mr. Burdette said they are working on the front parking spots that may add additional parking, and asked if it would meet the requirements.

Mr. Burdette

stated with the shared parking agreement they will actually need less parking space, they are up to 12, maybe 15 during the redesign.

Mrs. Marshall

stated if you are entertaining the idea of approving the waiver staff recommends a condition addressing a 2-year to 18-month addendum to address traffic and parking needs at that time.

Commissioner Bohannon

stated if they add that, also add that the study is done during peak time.

Commissioner Lee

asked Ms. Fehrman if they would agree to that as a condition to be added.

Ms. Ferhman

asked if that will require a formal study.

Mr. Mulvey

stated they would already require a traffic study, but this is for parking.

Mr. Kunzi

stated his recommendation would be, if they’re going to grant approval, he would add for it to be language subject to a re-assessment of conditions of parking.

Commissioner O’Brien

asked if they want to also add peak dates?

Commissioner Lee

asked if they have to add a date certain or just reassessment of conditions of parking, would that leave enough leeway for staff to address when that is done.

Mr. Kunzi

stated if they just leave it as peak periods it would allow the evaluation to see if they are complying with that condition. Item 9a.

Commissioner Lee

recused herself due to her employer having a business relationship with the property owner, I will turn the meeting over to commissioner Tyler. Qiana Medici reviewed her staff report stating staff find sufficient justification to recommend approval of WV- 24-25.

Commissioner Bohannon

asked for clarity on the 20-30 hours if it is annually.

Ms. Medici

stated yes. Scott Whittamore on behalf of Gridaliance West stated he wanted to commend staff they did a great job with the staff report. Overall, just for the wider group this is about the 7th meeting on this project including BLM and public forums. He wants to highlight on page 3 of 4 of the staff report both the parcels were purchased in 2023 in order to facilitate the development of the substation. The 2 parcels were granted approval at the May 21, 2024, meeting. The substation will be required to complete site development. We are here today for waivers only. The lighting is upward lighting for night and safety, it will be a motion light for security. The screening and walls are for security purposes. Landscaping is self-explanatory.

Commissioner Tyler

asked if this is a substation providing power to our community?

Mr. Whittam

restated GridLiance and Valley Electric are connected. Valley Electric provides the services and he will let Valley Electric speak on behalf of themselves. Location is not an issue tonight. The special use permit has already been approved, there were several meetings regarding the location. The substation is not currently in anyone’s backyard, the land to the south is open and vacant. He knows noticing criteria can sometimes present a bubble that looks like the parcels are right on top of residential areas, the substation was designed with the community in mind. There has been multiple meetings since August of last year, including Beatty and Amargosa.

Commissioner O’Brien

stated there are 80 acres total and you are only using 5 acres, and asked what are you doing with the rest of the land.

Mr. Whittamore

stated the total disturbance is about 10 acres. The remaining has no additional approval for solar or battery storage. What is approved is the substation, what we are asking for tonight is the waivers.

Commissioner O’Brien

asked what the route will be to tie in with the Valley Electric substation in 160 and Industrial?

Mr. Whittamore

stated that route has also been approved at the May 21, 2024 meeting and you can see it in the backup from that meeting. I do not have the route with me this evening, but it has already been approved.

Commissioner Bohannon

stated landscaping appears it would be within the walls but what about outside the walls.

Mr. Whittamore

stated the landscaping would not be inside the walls, it would be a requirement under code, there is no water service so having the landscaping was an issue, The other substations were not required to have exterior landscaping he thinks is unwise water practice, overgrowth, and a fire hazard. We will be going through site development on this project.

Commissioner Tyler

asked if he could let the homeowners know how far away the substation will be from them. From my knowledge, your substation will feed into VEA system that supplies power to us.

Mr. Whittamore

stated they will be happy to provide maps to the public.

Commissioner Hayden

asked if 70 acres will remain open space.

Mr. Whittamore

stated yes it will remain open space.

Commissioner Tyler

asked the applicant if they have read, understand, and agree with the conditions of approval?

Mr. Whittamore

stated yes. Seconded by Faith Simunick Vote: Motion passed (summary: Yes = 5, Abstain =1). Yes: Faith Simunick, Pamela Tyler, John O’Brien, Tim Bohannon, Debra Hayden Abstain: Beth Lee

Commissioner Lee

returned to the meeting. 11. Continued from January 15, 2025: For Possible Action - CU-24-51: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit to allow a Commercial Stable on a 4.56-acre parcel zoned RH-4.5 (Rural Homestead), located at 2220 E. Heritage Dr., Pahrump, NV. Assessor’s Parcel Number 044- 511-16. Tina Bond-Kuglin and Roderick Kuglin – Property Owners/Applicants. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) (QM)

Mrs. Medici

reviewed her staff report stating after discussion with the DA, staff is recommending approval of the application based on the staff report and the zoning is correct. We have it included in the conditions that Ms. Kuglin obtain a business license within 30 days of this approval.

Commissioner Bohannon

stated you have it in the staff report to recommend denial on page 2 and what I am hearing is you are now recommending approval?

Mrs. Medici

stated that is correct.

Commissioner Tyler

asked if that mean there are different conditions?

Commissioner Hayden

asked if the code compliance complaint has been resolved.

Mrs. Medici

stated there was no code compliance case at this time it was a cease and desist and that is how this all came about. They were conducting business without a business license and without the CUP. If the RPC approves this CUP tonight that issue will be resolved and once the Town of Pahrump issues the Business license a copy will need to be provided to the Planning department.

Commissioner Hayden

asked if the conditions remain the same?

Mrs. Medici

stated yes. Tina Bond- Kuglin, applicant, stated she attended the last 2 BOCC meetings and has read statements there. She has been in construction for many years, owned and operated her own home-based business for years. She was able to obtain a business license within minutes, the fee was $100. She is not new to the process, she has been a licensed notary since 2011. She emailed the BOCC and the Planning Commission on January 16, the day after she was ordered to appear here, she wanted to make sure everyone knew what she has been subjected to since 2022. When she first appeared on Jan. 15, she was under the impression that the Planning Commission would be asking her questions about her horse boarding business, but that never happened. She was also under that same impression when she had a zoom meeting with Planning. In the email sent to all the Commissioners she extended an invitation to visit their facilities, she never heard from anyone. They are currently set up to board 6 horses, and they have 2 horses of their own. There is a need for a legal licensed boarding facility we should be helping these small businesses instead of killing them all.

Commissioner Hayden

Asked if they have enough stalls for 8 horses?

Ms. Kuglin

stated yes, they have plenty of acreage to accommodate the horses.

Commissioner Hayden

asked if they have a cap on the number of horses?

Ms. Kuglin

stated right now their barn has 6 private stalls, she doesn’t feel that they will take more but also do not want a limit put on them.

Commissioner Bohannon

asked if she is willing to comply with the business license.

Commissioner Lee

asked if she has submitted everything for your town of Pahrump Business license.

Ms. Kuglin

stated she hired someone and then she took over after 1 month, it is not an easy process.

Commissioner Lee

asked the applicant if she has read, understood, and agree with the conditions.

Mr. Kunzi

stated to be clear the Business license is through a different process.

Ms. Kuglin

asked where do I go for the next part of the process?

Ms. Sandoval

stated she has reactivated the business license review they had previously denied through the portal, and Mrs. Marshall will go in and generate a letter of approval for you to take to the Town of Pahrump.

Commissioner Bohannon

stated when he was researching NC 17.04.920 it caught his attention if someone has been through the CU process two times and did not get approved it has to be paused for 6 months, and he wants staff to take a look at that. 13. 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.)