December 10, 2025

Commissioner Kerr

asked what can be considered as landscaping? Can it be rock, or something requiring no water?

Mrs. Medici

stated yes it can be decorative rock or plants that require minimal water. The applicant has not reached out to discuss any of the options. Tyler Mulvey stated this requirement has been included on multiple other projects it is typical for building on a road that is not built to any standards. They had the opportunity to reach out to NDOT and use the highway they did not they chose to use Flamingo Road.

Commissioner Kerr

asked about Flamingo Road and if they can just bring gravel and create a gravel road.

Mr. Mulvey

stated in Nye Couty Code we do not allow gravel roads in Pahrump unless we approve a waiver of paving standards. John Koening stated he seems to remember last month when this was heard there is a point when it is asked to the applicant have you read, understand, and agree with the conditions as it is to all the items. That was asked during this item and the answer was yes. John Harp stated that Happy Cabbage is a family-owned business. He would like to address some of the comments in the staff report that were stated. One of the most common complaints regarding these facilities is the smell, most of the facilities in Pahrump are in very Urban area’s even the dispensaries. They picked this location to stay away from the community and keep the smell away. They want us to build a 1500” road, with type 2 then asphalt and none of that improvement will be on my property. Once they build that road then the Couty would have to maintain it. For the landscaping we are opposed due to the insects that are mostly Airbourne. They would like to propose decorative rock only, this also has to do with security reasons. They would like to come back with a revised set of plans that would involve decorative rock. What they would like for the road is to implement a CCR and they can pay for the improvements and that is a fair compromise.

Commissioner Hayden

stated should we put this on a different agenda if he is going to come back with a new plan regarding the decorative rock? Steve Osborne stated he would still need a waiver because they allow decorative rock but you must have a certain number of live plants and that is what would need to be waived.

Commissioner O’Brien

asked how do they handle his proposal for road improvements?

Mr. Mulvey

asked Mr. Harp are the improvements you are referring to just fronting your parcel?

Mr. Harp

stated no he is talking about the entire road 1500 feet.

Mr. Mulvey

clarified there are different agreements, and they do not typically do a CCR.

Commissioner Simunick

asked why did they chose Flamingo instead of the highway?

Mr. Harp

stated it was mainly safety, he did not want to enter the property off the highway. Page 3 of 13

Commissioner Bohannon

stated from a landscaping standpoint, what is the reason for no plants.

Mr. Harp

stated it is the insects and security, they had Detective Williams come out, and he stated he was not interested in the property having any plants obstructing any views for security, a letter was provided from him as well.

Commissioner Bohannon

stated where is the evidence regarding these plants and the insects and that it will contaminate your products?

Mr. Harp

stated he is only going off recommendations from the cannabis board.

Commissioner Ewing

asked if they have a filtration system in the facility to prevent other things from getting in there and keeping the air safe? Regardless of what type of plant, the filtration system should be protecting the product.

Mr. Harp

stated the system is mostly for the smell and even with it the insects will still come in and can infect the plants. Chad Harp stated he is the director of cultivation for this facility, as far as the bugs it is the spider mite. Any vegetation you have they will grow on and it is hard to get rid of them. All our rooms are sealed, but creepy crawlies find their way in.

Commissioner Bohannon

stated he is skeptical on the landscaping he knows the insect problem can be addressed. For the road it sounds like that is still in negotiation. From a landscaping side he is not bought in due to a lack of evidence, there are no facts.

Commissioner Kerr

stated she is interested in a timeline of when staff can sit down and negotiate these 2 items.

Mr. Osborne

stated if you want to continue this item, he recommends continuing it for 2 months.

Commissioner Hayden

stated that negotiation would be with Planning as well as Public Works and if an agreement can made it would be drawn off the agenda.

Mr. Mulvey

stated they are against waiving these improvements. They have not abandoned Flamingo as stated, it was discussed but has not been done. It is a dedicated road since 1970 and would be required to be built. Page 4 of 13

Commissioner Bohannon

asked about how many jobs will this create?

Mrs. Gonzalez

stated 2 farriers, veterinarian, and people who will come in and take care of the property, and trainers and therapist.

Commissioner Bohannon

asked what kind of background do you have with rescue animals?

Mrs. Gonzalez

stated she has owned a non-profit for over 11 years in Las Vegas. They have rescued goats, pigs, chickens, turkeys, and the first horse we rescued was in 2023 from one of the feed stores in Pahrump.

Commissioner Hayden

asked about the corrals and if they are shaded?

Mrs. Gonzalez

stated they have temporary shade structures in all the corrals, and they are looking into permanent shade structures. They have a 48x48 intake pen, 48x48 outtake pen to isolate the animal when first being taken in or out.

Commissioner Hayden

asked how they remove manure?

Mrs. Gonzalez

stated they clean our stalls at least twice a week using a dump trailer and they take it to the dump.

Commissioner Bohannon

asked about the number of horses, will it be 15? Page 5 of 13 10.

Mrs. Gonzalez

stated it will be 15 at one time, they already have 8 and will only take 6 more. Once the animals are ready to be adopted out to the community they will be.

Commissioner Tyler

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

Mrs. Gonzalez

stated yes. Public comment opened at 6:51 pm. Tina Bond-Kuglin stated she has found 20 rescues in Pahrump over half of them are horse and burro rescues, almost everyone one of them claims to be a 501c3 non-profit. Do we really need another animal rescue? Will another rescue benefit the town of Pahrump? Is the correct person applying for the CUP, the applicant is not here. The business license for the Woodchips Recovery Ranch is listed under Shawna Gonzalez, in her letter she talks about her father’s declining health, does she know this is not a transferable license. Code enforcement has been involved on this property. She had to be escorted by a deputy after a Town Board meeting because she threatened me in front of the deputy. If the couple is granted this CUP, which they are not here, shouldn’t all the licenses match. Do they have the resources to run a successful rescue, after the death of Shawn Freiner (veterinarian) most farriers and veterinarians are afraid to work with her. There are too many unanswered questions regarding this applicant, if granted this CUP there should be restrictions in place. Alina Quinata stated she works at Donkeys of Pahrump and has went through this process and has been operating for about a year. Keeping these rescues permitted and legal give you the ability of doing everything right and good by control and regulations. All of our rescues should be permitted and watched, this also helps to ensure the animals well-being. Dawn Duncan stated she can personally vouch that there is a veterinarian and farrier available on the property.

Commissioner Bohannon

stated he is familiar with Desert Pines they are highly reputable, he is not concerned at all. We do have a check in balance with animal control and code compliance, He feels comfortable that if there was an issue we would find out about it quickly.

Commissioner Hayden

stated she read the comments from Animal Services which are favorable to the applicant. These 501c3 have regulations to determine how their money is spent and normally it is put back into the rescue.

Mrs. Marshall

reviewed the staff report stating this is an Extension of Time request for Conditional Use Permit CU-24-49 that was approved by this board back on 12/11/2024 for a fuel dispensing facility. The applicant has been very proactive in meeting their conditions. However, the map and Great Basin approval has taken longer than expected. Upon review of the application, staff finds sufficient justification to recommend approval. James Copeland stated he is with AWA engineering and is representing them for this application. He stated we are currently working with NDOT for access along the highway. They have been working with Great Basin water and have gotten the will serve letter. There are 4 or 5 review agencies on this project and they are working their way through with them but were not able to meet the previous deadlines on the original CUP, and that is the reason we need this extension.

Commissioner Bohannon

asked Mr. Copeland if he is saying it was a bandwidth issue or just lack of resources.

Mr. Copeland

stated no, honestly 6 months is a little aggressive to be able to complete. They could not submit to the County without Great Basin Waters will serve and they needed to complete a review of the utility plans prior to giving them approval. There are multiple steps before being able to submit for the CAT I site development. They have been working with NDOT to ensure all the access points and doing a traffic study also. There are just a few things that they had to go back and adjust, and they have been completing the mapping process, andare very close to submitting everything to the County Building department.

Commissioner Hayden

asked if 12-month extension sufficient time to accomplish what needs to be done?

Mr. Copeland

stated yes, 12 months is more than needed.

Mrs. Medici

reviewed the staff report stating this is an application for a twelve-month extension for CU-24- 46 to allow the construction of a 4-story hotel and casino. The proposed use conforms to the Master Plan designation of the subject property of General Commercial (GC) within the Community Development Area (CDA). A previous waiver has been applied for and approved to exceed the maximum building height of the GC zone (NCC 17.04.320 C, cited above). Preliminary building elevations and landscape plans have been provided, the plans will be reviewed under the Site Development application, cursory reviews indicate that standards outlined in NCC have been met or exceeded. Upon review of the application staff finds sufficient justification to recommend approval. Page 7 of 13 12. Rick Lane stated they have been working very closely with Russ Meads and Spring Mountain Raceway. One owner is gone now and the attorneys have to take care of all the paperwork. They have been having meetings, and everything is moving forward at this point for plan check.

Commissioner Bohannon

asked if the timeline is acceptable and do you agree with the special conditions?

Mr. Lane

stated yes. Russ Meads stated special condition #13 should be 2027.

Mrs. Marshall

reviewed the staff report and stated the applicant is requesting a Master Plan Amendment to change a .46-acre lot from Low Density Residential (LDR) to Community Development Area (CDA) and a conforming Zone Change to change | parcel from VR-20 to General Commercial (GC). This parcel has been determined by the developer that it will allow for additional services it can provide to the community and will be merged into the other parcels that were previously approved through ZCMP-22-24 for a proposed commercial development consisting of a gas station with convenience store, fast food restaurant(s) and a multi-tenant building. The convenience store and fuel station being developed at this time on the corner of Hwy 160 and Homestead is a part of a phased development designed on 4 lots in the community development area. Given the need for more space on the office/retail side of the development, also known as “building 4” per the Site development being SD-23-17, a conceptual redesign has been made on the southwest corner for a larger proposed office/retail building which would stretch into the subject property 2361 S Mallard Ave. An existing traffic study is already on file for commercial development to compare the maximum potential traffic that may be generated by the proposed land use, and no further study is anticipated.

Mr. Mulvey

, of Public Works, stated that after discussion with his director and local residents in the area of the development regarding the construction traffic, Public Works would like to add a Special Condition of Approval to require the developer to enter into an agreement, referred to as a Road Use and Damage Remediation Agreement, for Ambush and Mallard, to maintain the existing conditions of those roads throughout their construction process. Page 8 of 13

Commissioner Bohannon

asked if that agreement would continue through the project completion or further.

Mr. Mulvey

stated that once they have constructed the wall along Mallard and the project is complete, the condition would cease.

Mr. Meads

stated that there has been an overwhelming reach out for more retail/office space for this tenant building. The decision was made to add another parcel to the project to add ample parking and make it fit more correctly, rather than squeezing more development into the existing space.

Commissioner Tyler

asked Mr. Meads if he had heard the request for Public Works for the Special Condition.

Mr. Meads

stated yes he had and they were fine with that condition.

Commissioner O’Brien

commented and thanked Mr. Meads for using Ambush and Mallard rather than Homestead.

Mr. Meads

referred to Special Condition #6 that refers to the applicant being required to submit an amended commercial subdivision map for the additional parcel being added to the project. After discussion with the County Surveyor, it would be a Merger and Resubdivision Parcel Map.

Commissioner Tyler

asked Mr. Mulvey if she heard correctly that the current plans show a fence along Mallard, which would prevent access from the development onto Mallard once completed.

Mr. Mulvey

stated yes that is correct, there is a block wall proposed on the plans along Mallard. There are openings for flood control but no driveway access.

Commissioner Tyler

asked for clarification on the flood water, specifically if there was a law that prohibits water from one lot to be discharged onto another lot.

Mr. Mulvey

stated that the water coming from Highway 160 is specifically coming from the Highway, and not another parcel. The project does have a drainage study and they have an approved retention basin to collect all water coming from on site. It has not been constructed yet but will be completed before being issued a Certificate of Occupancy. The flood water comes down Winery Road from the mountains behind the Winery subdivision. Page 9 of 13

Mr. Koenig

asked Mr. Meads if could meet with the neighbors in the area and fix some of their problems. As quick as you can, get the wall up so that the trucks get out of there so we can fix the road.

Mr. Meads

stated yes, that is correct. They are very close to having the first phase completed, which will help with the silt and water coming down the hill. Phase I is complete, and a lot of the construction is near completion. It is appropriate to ask that we give the owners permission to construct the block wall around the new parcel now so that there is no access to the street in the back. It will help the neighborhood to go back to living in a normal neighborhood. The potholes and patches along Mallard are set to be repaired during the first week of January. The area will be cleaned up and there will be no further construction traffic on Mallard.

Mr. Osborne

stated that yes, the block wall can be handled at the staff level. They have allowed walls to be built prior to the completion of site development. This isn’t an issue that needs to be addressed at the meeting tonight.

Commissioner Tyler

asked Mr. Meads if he could perhaps talk to the truck drivers regarding them tearing up Mr. Young’s property.

Mr. Meads

stated that the improvements for water and sewer that were made in this project are sufficient even with the inclusion of this parcel of land. The building will be a little larger, but it will not require us to go back onto Mallard or Ambush to have to cut into the existing sewer and water lines. If we construct the wall now, we will only have to address the repairs on Mallard once. He would be happy to reach out to the neighbors to address their issues.

Commissioner Bohannon

stated the sewage that is standing, make sure that is not an issue. The lighting needs to be addressed. Reach out and work with the residents to make sure that they are satisfied.

Mr. Meads

stated that the sewer back up happened across several lots. It happens often when They have an onslaught of water that comes down the mountain. The water and sewer company has been out and has made application to the state to make the repairs to the lines to ensure that it doesn’t happen in the future.

Commissioner Tyler

explained that the catch basins on the project property will collect the water from that project and they are only responsible for that water, not the water coming down Winery Rd.

Mr. Meads

stated that at the end of the development, large rocks will be added to slow down the velocity of the water and collect the silt from flood water. The water will still get onto Mallard after the rain. At the end of construction is that we need to make sure that all bar ditches are returned to the correct depth, that debris is removed and cleaned out to pre-construction condition.

Mrs. Medici

reviewed the staff report stating this is an application for the Abandonment of a 22,115 square foot portion of West Simkins Road. The owner would like to abandon the roadways for future use. The additional "road" that isn't being abandoned would just be half width of road that the Public Works Dept has already stated would never be developed. The proposed abandonment isn't materially affecting anyone, none of the neighbor’s properties will change with this request to abandon only the applicant’s parcel. Upon review of the application staff finds sufficient justification to recommend approval.

Mr. Leleu

stated staff's description of the project and the application is accurate. This abandonment complies with Nye County Code, NRS states that if there is no finding of material injury the application shall be approved, shall means must. There is opposition here tonight and he would like the opportunity to address it after the opposition is made, but he will leave that up the board’s discretion.

Commissioner Bohannon

asked Mr. Leleu why they wanting to abandon it?

Mr. Leleu

stated the reason is given the orientation of exiting development on the property the abandon part of the property will help with egress and ingress to the property.

Commissioner Hayden

stated this was brought before the RPC in July 2024 and it was denied, what is different this time?

Mr. Leleu

stated nothing has changed, the applicant believes it was wrongfully denied at the July 2024 meeting.

Commissioner Tyler

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

Mr. Leleu

stated yes. Page 11 of 13 14.

Commissioner O’Brien

stated Cabo going into Jake currently looks like a Cul-de-Sac, is the road department going to go ahead and make any changes?

Mr. Mulvey

stated it will stay a Cul-de-Sac.

Commissioner Tyler

asked Mr. Mulvey as the County we have no plans for extension of Cabo or Simkins in this location is that correct?

Mr. Mulvey

stated no, there is no plans for roads in this area.

Commissioner Tyler

asked Mr. Mulvey would the other 2 parcels would have the ability to abandon part of their street back into their parcels?

Mr. Mulvey

stated yes, they would just have to go through the same application process.

Commissioner Tyler

stated she does not see where Mr. Shaw would be materially harmed by this, because he has the same ability to request the same thing.

Commissioner Bohannon

stated he is curious why it was denied at the previous RPC, what was the reason why? . ‘

Commissioner Hayden

stated she was on the RPC board then and she was swayed by the neighbors whom felt their property was going to be devalued. She did feel that was fair, and it was a sizable amount of land that maybe they should purchase.

Commissioner Kerr

stated her understanding is they are not being enriched as this is land they already own.

Commissioner Tyler

stated this is part of the easement that at one point a road might get put there, but per

Mr. Mulvey

that is not going to be the case.

Commissioner O’Brien

stated this land was given as part of the dedication to parcel out all the parcels. The county asked for this on each parcel to put in a road or if utilities lines were needed.

Commissioner Bohannon

stated the real question is do we think there is going to be harm done by this abandonment, based on what he is seeing there is no harm being done by this abandonment.

Commissioner Tyler

stated the next RPC meeting is January 14, 2026.

Commissioner O’Brien

stated he has concerns with the residential building such as a tiny home being built on a parcel next to a much larger home being built. He believes a tiny home shouldn’t be allowed to be built next to a 700,000 home this devalues the much larger home and their property.

Commissioner Simunick

stated they cannot do anything about that it would be discriminatory, they cannot dictate the sizes of homes built on any parcel. She then explained how realtors do their comparables when listing a property and it actually does not bring down the values.

Commissioner Tyler

agrees with Commissioner Simunick.