May 14, 2025

Commissioner Lee

stated for the record they have a quorum of four members.

Commissioner Lee

stated she submitted some minor typographical corrections to staff which have no bearing on the context of the minutes.

Commissioner Bohannon

questioned the traffic and what has been done by staff to look into this. Tyler Mulvey stated that during site development a traffic study will be completed, we have consultants that will review the traffic studies.

Commissioner Lee

stated NDOT is the final authority due to this being off two highways. At the last meeting some of the concerns were an underground spring that flows by there and they had concerns about fuel spillage, and it is going into the ground water and she doesn’t see that addressed by the water board.

Mrs. Medici

stated the letter of support says there are no water related concerns that would justify opposition, they did have one request in the special conditions of approval #7 the site plan must include a water recycling system in conjunction with the car wash. Tony Celeste, on behalf of the applicant, stated there is an existing bank building not in operation while the drive thru ATM’s are in operation. They are proposing a couple different uses on the site, the building would be demolished, there would be a convenience store and gas station operated by Green Valler Groceries, a car wash and a quick service restaurant with drive thru. The ATMs would still exist but be relocated to a different location to the west of the building. They agree with all the conditions, including the Cat I study which will also be part of the traffic study. They have coordinated with NDOT regarding the access points and what that will look like. The details of the final design will be done at site development. We went to the water district board and some of the issues that came up were in respect to the water table. We are outside of the zone and we did have a Phase I study done and the water table was 49 to 75 feet below us, there will be no interference with not only our site but also placing the fuel tanks. The car wash captures and will recycle water through the system and we made a commitment to the water board to do so as well.

Commissioner Lee

stated she wanted to verify if the dates for site development are acceptable and if they’d have any issues meeting those dates. Page 3 of 13

Commissioner O’Brien

stated you’re the preliminary plan shows they are adding a driveway to 372, the addition of one more driveway within 300’ feet of the intersection is going to cause issues. Each of the entrances and egresses have some kind of issue with the design to either the drive through or the carwash if more than 1 vehicle is utilizing the services you are providing on this lot.

Mr. Celeste

stated he does not believe they are asking to add a driveway off Highway 372, they already exist, NDOT will be making the determination on the final driveways.

Commissioner Bohannon

stated there are issues with the current bank and driving on the back side.

Mr. Celeste

stated there is an existing easement they will have to maintain with McDonalds towards 372.

Commissioner Bohannon

stated his concern is traffic, he wants to make sure there is not too much on the site that makes an issue for traffic.

Mr. Celeste

stated the site can accommodate fuel trucks, this parcel is zoned commercial and with respect to traffic we will work with NDOT.

Commissioner Bohannon

stated this area has major flooding and asked what measures they are taking to mitigate that?

Mr. Celeste

stated the site will be elevated and it will improve drainage and flow for the area.

Commissioner Lee

asked the applicant if there are going to be any EV charging stations on the property?

Mr. Celeste

stated he does not see any on the plan.

Commissioner Lee

asked about parking in front of the quick serve. It is at an angle and the parking spot furthest to the left looks like they have to back out into the drive aisle. Is this something that will be looked at during site development?

Mr. Mulvey

stated parking is done by Planning but yes all of this will be looked at during site development.

Commissioner Lee

asked if they would consider removing anything to alleviate these concerns?

Mr. Celeste

stated he does not have that authority to remove anything from the plan at this time.

Mrs. Medici

stated she would like to clarify the only thing that requires a conditional use permit is the fuel station, the quick-serve restaurant that’s a permissive use by the zoning district. The Planning Department does not go out and ask for people to build in our community these are things that the property owner comes to us and these are the uses they are proposing. This application is only for the conditional use permit is just for a gas station. Page 4 of 13

Commissioner Lee

stated she just wanted to mention that if this is approved it just gives them the ability to move on to the next step. The only thing they are approving today is the gas station, everything else is permissive.

Mrs. Medici

reviewed the staff report stating staff finds sufficient justification to recommend approval to move forward to the BOCC. This is an application for a conforming zone change, to change the subject property from the Neighborhood Commercial (NC) Zone to the Rural Estates Residential (RE-1) Zone, which is conforming to the Master Plan designation of Rural Density Residential (RDR). The intent of the Zone Change is to allow the property owner to utilize this parcel to build a single-family residence. Scott West stated he is here for any questions.

Commissioner Lee

asked the applicant if they have read, understand, and agree to the conditions as outlined in the staff report.

Commissioner Lee

opened items 9 and 10 together. Page 5 of 13

Mrs. Medici

reviewed the staff report recommending approval. Staff finds that the requested Abandonment complies with the requirements of Nye County Code. These easements are being vacated to be substituted in favor of the easements to be granted per upcoming residential subdivision final maps of these areas. The vacation will concurrently record with the final maps.

Commissioner Lee

, asked the applicant if they have read, agree, and understand the conditions as outlined in the staff report. Rebecca Chiriboga stated they agree to all except for AB-24-5 there was an email back on October 31st that was circulated to revise Valley Electrics comments to require just the North easement to be retained for infrastructure. It was decided it would be replaced with a common element behind the existing common element.

Commissioner Lee

asked if that includes the amendment to special condition of approval item #9 to remove the west easement.

Commissioner Tyler

stated yes, to remove “West” from condition #9. Seconded by John O’Brien. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Beth Lee, John O'Brien, Pamela Tyler, Tim Bohannon.

Mrs. Medici

Stated this project is required to go through Cat I site development and a sign review application to meet all Nye County standards. Staff finds sufficient justification to recommend approval. Richard Piggott stated they agree with all the conditions put forth by staff. The reason they are asking for the 10 feet in the rear of the property is because the back of our property backs up to the drive aisle for home depot, Maverik has a different standard than most we have wider drive aisle and that is why we are asking for this.

Commissioner Bohannon

asked if they see any issues with traffic flow.

Mr. Piggott

, we are working with NDOT and access off Lockspur, traffic flows good through this site.

Commissioner Lee

asked what kind of sign they are going to be installing?

Mr. Piggot

stated it is similar to the home depot sign, it is a monument sign. Page 6 of 13 Public comment opened and closed at 7:14 pm with no comments.

Mrs. Medici

reviewed the staff report stating staff finds sufficient justification to recommend approval. This waiver will allow the previously approved Site Development Plan that became null and void for not meeting the 1-year deadline to be used to pull permits or start construction so the project can be completed without the additional expense of creating a new plan.

Commissioner O’Brien

asked when was the original application applied and approved?

Mr. Osborne

stated in 2018 site development was approved, building permits were never pulled. Nothing would change it will be the same plan and requirements.

Commissioner Lee

asked when site development approval was issued was applicant notified that they had 1 year to apply for building permits?

Mr. Osborne

stated it is in the code but I do not know if they were notified. Joe Burdzinski, representing the applicant, stated they hope they will approve this so they can continue and do not have to start from scratch.

Commissioner O’Brien

stated since 2018 a number of things have changed, he reached out to the fire chief, they’re building an excess of 5000 square feet which would require sprinklers or additional water. It is more than 400’ from any of their current parking lots they will need to make sure they can access the building should any issue arise. He stated he sees people parked on Gamebird Road and this is a safety issue. Richard Minsch stated they certainly are aware of the issue, and they have put up no parking signs and cones. The new proposed structure is less than 400 feet from current parking and will be in compliance with fire code.

Commissioner Lee

asked why they did not pull the building permit?

Mr. Minsch

stated they are having issues with contractors and are trying to keep things local, contractors are lined up now.

Commissioner Lee

asked for clarification that they do have contractors lined up now for the project.

Commissioner Bohannon

asked what will this building be used for?

Mr. Minsch

stated it will be used for a meeting space. Page 7 of 13

Commissioner O’Brien

asked if they are going to divide this out so there is no area that exceeds 5000’?

Mr. Minsch

stated yes and they will be adding sprinklers because their insurance requires it.

Commissioner Lee

stated she understands why they want the waiver her issue is they have a deadline, and they hold people to those. She has an issue waiving a deadline that they hold everybody else to.

Mr. Mulvey

stated based on what is submitted in the back up the new plan based on the conceptual site plan has changed from the 2018 site plan. Different building shape may require different drainage, which will be reviewed within site development.

Mrs. Medici

stated special condition #3 requires them to get all permits necessary issued within 1 year.

Commissioner O’Brien

asked if they would add the fire chief comments and requirements to the site development?

Mrs. Marshall

reviewed the staff report stating staff finds sufficient justification to recommend approval to change the number from 50 species to 100 species of animals. If they demonstrate they have adequate staff to handle more, this can be revisited at the 6-month compliance review. An increase will require board action. If there is an emergency need and Animal Control requests this limit can be increased to meet the need without board approval. Once the emergency has been addressed by Animal Control, the limit will revert back to 100 animals.

Commissioner Bohannon

asked what was this number based on?

Mrs. Marshall

stated based on the information within the justification letter. Pat Leming stated she cannot comply with it as written she also questions how staff came up with this number. We just had our kennel license renewal, and we had on property 62 dogs and 35 cats which were more than adequate for us to handle and still have room available for other animals to come on board. She objects strongly that a number has come up for which there is no justification for. She is asking the board for one very simple thing, the number 50 is ridiculous and unsustainable. We are asking for a reasonable number of animals she thinks Page 8 of 13 a reasonable number is, anything over 200 to 250. She says she knows there are concerns but she is the largest rescue in Nye county.

Commissioner Bohannon

stated he has been to the facility and one of the things that sticks out in his mind is the extreme weather conditions. He asked the applicant how many dogs they can get in the main building, what is your maximum capacity to store them overnight not being in outside kennels.

Mrs. Leming

stated they have procedures that there will be no animal kept outside in extreme weather. They bring them all inside every night and will continue to do so.

Commissioner Bohannon

asked for clarification when they say 200 animals, do they have room for that, and from an affordability standpoint is that sustainable?

Mrs. Leming

stated they have other buildings with room and always have enough food onsite for at least 2 weeks and always have back up available to us in emergencies. She stated she has hundreds of volunteers if she puts out a call that she needs help they will be there.

Commissioner Bohannon

asked if she has seen an increase recently of incoming animals for care?

Mrs. Leming

stated we are turning away 70-80 animals a week. The animal shelter is full, and they are also full, the whole county is experiencing a disaster as far as animal care goes. All they are asking from the county is to be left alone so we can do the best we can with what resources we have. I understand we have to be held to standards but please do not keep us coming back here for approval.

Commissioner O’

Brien stated he has visited the facility, and was impressed with what they are doing, they have placed all new kennels with shade. Every dog and cat are placed indoors every night. They made the provisions for the handicapped parking. They know there is a big problem and if they increase their numbers there will still be a problem. Without their facility it would be worse, so he commends what you are doing.

Commissioner Bohannon

stated they need to consider a spay and neuter program within the county. Supporting adoption and not purchases as much as possible. The concern is volume, 200 is too much and maybe to increase the number gradually.

Commissioner Lee

asked if all the animals are local?

Mrs. Leming

stated she has taken them from all places, they do pull from kill shelters in California.

Mrs. Marshall

stated the number they are recommending for approval is 100 from 50 that was originally applied for and agreed to in the conditions of approval back in October of 2022 and October 2024. This has now come up to be increased to 100 with this waiver. Kittens and puppies anything less than 10-12 week old would not be counted. Animal control comments that were in the staff report stated that they have the ability to have 75-100 animals and at this point in time no more than 100 be allowed as room and available help would be limited if there were more. Condition #7 if there is an emergency more would be allowed per animal control.

Commissioner Tyler

stated for clarification in an emergency and with animal control approval this number can go up and kittens and puppies do not count towards the number.

Mrs. Leming

stated that the last time the Animal Control Shelter Manager was in their facility they did not have the improvement they currently have, She thinks that is where the 100 limit came in and things have changed since then.

Commissioner Bohannon

asked if the applicant agrees to the 100 limit. Page 9 of 13

Mrs. Leming

stated yes and no. She knows standards have to be applied she agreed with that, she does not agree to every 6 months to go through this. She knows what she is capable of doing and has been doing for the last 8 years, she is frustrated.

Mrs. Sandoval

stated she wanted to point out the 6 months compliance report is a standard condition everyone who applies for a conditional use permit has to meet, then it turns into a yearly report.

Commissioner Lee

stated she knows they came for reconsideration of #7 but asked if they have read, understand and agree with all the conditions listed in the staff report?

Mrs. Leming

stated she was only prepared to discuss # 7 only because that is what I was told was on the agenda. We met all the other items with the exception of the site development, which was waived, and have the commercial kennel license, they are not expanding into the adjacent parcel, the watchman’s quarters they have the required permit for that, and they have their business license. She thinks they have met all the other standards.

Commissioner Lee

asked if site development has a deadline of April 9, 2025?

Mrs. Sandoval

stated because these were original conditions of the Conditional Use Permit prior to the waiver, as Pat stated things were waived so basically the site development with the expiration date was waived. Page 10 of 13

Commissioner Lee

asked DA Nelson if they can change condition #7 to be that she increases the number of animals to 100 then if she is in compliance with everything in 6 months, she can increase to 150 without coming back to the board.

Mrs. Nelson

, stated I do not see any prohibition to it, she asked Interim Director Osborne if he sees any issues with that?

Mr. Osborne

stated he does not know of any reason why you could not do that in your motion.

Commissioner Lee

asked Mrs. Leming if she agrees to the 100 dogs and then increased to 50 more if they’re in compliance in 6 months.

Mrs. Medici

reviewed the staff report, stating staff finds sufficient justification to recommended approval for a zone change from Village residential to Neighborhood commercial. This is a conforming zone change based on the Master Plan designation of Community Development Area (CDA). The intent of the zone change is to allow the property owner to utilize this parcel to build a Public Storage Facility. The proposed storage facility is permissive in the Neighborhood commercial zoning district.

Mr. Kuyumdzhiev

stated he purchased the property to build his own house plus a metal structure and 2 years ago he built a concrete wall, everything is commercial grade. The storage will bring value to the area, and it will be secure, well lit, and have 24-hour cameras. It will be all concrete so dust will not be an issue.

Commissioner Lee

asked if he has read, agree, and understand the conditions as outlined in the staff report?

Mr. Kuyumdzhiev

stated he will adjust lights so they are not impacting neighbors. If they want 8’ or 10’ wall, it’s not a problem. He stated regarding the storage being dangerous, if he builds a house someone could burglarize it. It will be strict business hours and there will not be that much traffic. There are 3 additional commercial properties next to his. The semis on the property will be moved off the property, he is a truck driver, and they are his trucks. It will all be done to fire code and have state-of-the-art security cameras.

Commissioner O’Brien

stated when making the motion he would like the applicant to work with neighbors and the planning staff regarding lighting, wall, and the fire codes.