March 11, 2026

Commissioner Tyler

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

Commissioner Hayden

asked if they have a backup plan if something were to happen to them?

Mrs. Ascione

stated she has siblings that are also retired that can help with the dogs when needed.

Commissioner Bohannon

stated from a space standpoint there is a lot of space, will the dogs be running the entire property?

Mr. Ascione

stated the whole property is fenced and there is a 30x50 internal fence which is where they will stay between there and indoors.

Commissioner Bohannon

asked if there is enough veterinarian care for the dogs here?

Mrs. Ascione

stated yes, they just completed all their heath checkups for the move to Pahrump. They have also made contact with a vet in Las Vegas that will come to Pahrump for the dogs if needed.

Mrs. Sandoval

stated the Public Works comments are missing in the conditions so that needs to be added in the motion that they will get encroachment permits for the 2 driveways.

Commissioner Tyler

asked the applicants if they agree to this condition or understand it.

Mr. Asciones

stated they were not aware of it.

Mr. Mulvey

explained to them what will need to be completed for this condition.

Mr. Ascione

stated they will do the encroachment permits.

Mrs. Marshall

reviewed the staff report stating that the applicant is requesting an exemption from the off-site paving requirement pursuant to Nye County Code in association with Site Development Plan SD-25-15 for the property located at 931 Fehrs Way. The exemption request is specifically to waive the requirement to pave Fehrs Way beyond the project frontage to State Route 160. Upon review of the application staff finds sufficient justification to recommend Denial of WV-26-5 as the applicant has not provided sufficient hardship for the Waiver request. Kevin Faro Public Works has applied a discretionary clause it is not a specific code within Nye County. No findings were found that this is necessary for our project. We would have to pave a part that would not benefit us. We are being asked to pave a public road, the road is not in bad condition as of right now trucks use it. This should be a public improvement not put on one applicant, they are happy to pave the front of their parcel but not the entire road. They are already in site development and 8 months have passed and they have just been imposed with the half a million-dollar improvement. If the county wants this to be a standard it should be mentioned up front, not applying it 8 months down the road. During these 8 months we could have been hiring contractors, and this is a delay in our project. They respectfully ask that the board approve these waivers so they can continue with the project. As far as hardship, applying a half a million-dollar condition is very much a hardship. They are happy to contribute their fair share but to apply the cost to one applicant seems a little extreme.

Commissioner Bohannon

asked about the business and how many trucks?

Mr. Faro

stated 2-3 trucks a month where they get their raw paper and material then they process them for printing, each truck brings in different material for printing such as cardboard.

Commissioner Bohannon

asked if they are open to doing their portion of the road?

Mr. Faro

stated they are happy to pave in front of the parcel.

Commissioner Bohannon

stated his concern is when you are coming off Fehrs onto Highway 160 there is a risk there going from the gravel to the pavement. Is that the route you are planning on using?

Mr. Faro

stated we can tell our drivers to use either route.

Commissioner O’Brien

stated he has reservations about highway and the loose gravel he sees as a safety issue. He can see where Public works is coming in regarding part of this requirement. Would they be able to pave up to the highway, so gravel is not coming onto the highway?

Mr. Faro

stated it honestly comes down to cost. He doesn’t know how much that would cost. If that route is an issue he can use the route off Simkins road.

Commissioner O’Brien

stated Ann road is not improved he was on it today and that is what he is having an issue with. They have to have a definitive way to get people in and out.

Mr. Faro

stated to clarify the public will not be coming to the business. The storage unit facility down the road is the one that has all the traffic on this road. Page 4 of 14 10.

Commissioner O’Brien

asked if Public Works plan to do some kind of improvement area and approach the storage facility?

Mr. Mulvey

stated that it is not his decision to put a fee on multiple parcels for this improvement.

Commissioner Kerr

stated she wonders about them improving just the intersection versus the entire road, to ensure safety at Highway 160.

Commissioner Hayden

stated she does not know about the storage facility and if they could be approached about helping with this improvement?

Mr. Muley

stated the storage facility is grandfathered. Only if they were to improve or upgrade the facility then they would have some responsibility for the improvement.

Commissioner Tyler

stated this seems to be a little excessive for the applicant. Public comment opened and closed at 6:39 pm with no comments.

Commissioner Kerr

asked can the alternate finding be that it is a hardship?

Mrs. Medici

reviewed the staff report stating that the applicant is requesting a Waiver from Nye County Development Standards from all live landscaping and required watering systems. The applicant will be required to go through a CAT I Site Development before any activity can take place on the lot. The proposed development is a park and ride (parking lot) project. Upon review of the application staff finds sufficient justification to recommend Denial of WV-26-6, as the applicant has not provided sufficient hardship for the Waiver request. Cody Meads and Thomas Calvert stated this project is a park and ride for employees who work at the gold mine in Beatty. This is strictly a parking lot to allow their staff that live here and work in Beatty to then take a shuttle to work to lessen the amount of travel on the highway. There are no buildings that will be on the parcel, and there is no water to this parcel. We would like to put down really nice rock, boulders, and metal art structures that are grounded in concrete. This will still look really nice but will not require the live plants, it will have a very nice curb appeal for everyone to see that travels the area.

Commissioner Tyler

asked why they can’t use the drought tolerate native plants that do not require a lot of water? There are a lot of plants that do not require water, she hates to see us develop something that is a basically all rock and concrete and sets a standard that would have that president. How does the gas station have water, and it is right next to it. Page 5 of 14

Mr. Meads

stated the gas station had to get water to their jobsite because they have restrooms and a restaurant in the building behind it, the improvement they were doing required water. It is important for those projects to have water but for this project there are no restrooms or anything that would require water.

Commissioner Tyler

asked what happens if there is a fire.

Mr. Meads

stated normally on a job like this it would require us to bring in fire water tanks and if that is what is required of us we would do that, there is no buildings there to protect and that is usually how the water tanks are calculated, so he is not exactly sure how that would work.

Commissioner Hayden

stated this seems very similar to the Tesla charging station we heard last month. We have an extensive plant list that does not require water and that is all we are really asking to be placed on the parcel.

Commissioner Kerr

asked about trees versus parking spaces, is there a way to say we can go with zero landscaping and not require trees?

Commissioner Tyler

stated yes she believes they found a way to do that with the charging station because the water was going to be a hazard on that site, she believes they still found a way to have some drought tolerant plants that did not require the irrigation to be in there but we did waive the tree necessity.

Mr. Meads

stated he agrees there is a nice list of drought-tolerant plants that we could plant there and more than likely they will all die. There is no required maintenance plan by the County that requires you to maintain those plants after they are planted. He drove around the area and properties near that area that were required to put in these necessary bushes, and they have done a horrible job in taking care of them. What they are asking for is the metal plants that look nice and do not ever die.

Commissioner Hayden

stated she is in favor of the metal plants but throw in a couple of the little plants that are drought tolerant as required. She does agree a lot of the other properties are very poorly maintained.

Commissioner Bohannon

stated he is in favor of having drought tolerant plants he thinks it is very appropriate for the area, otherwise it is setting a precedence of something we really did not want to do going down highway 160. He would like to see the drought tolerant plants put in, it has worked with others and can work here. As far as the tree perspective do we really need them, not really. It was mentioned that people do not do the upkeep but if you have drought-tolerant plants that is not a concern.

Commissioner O’Brien

stated they have creosote bushes and flowers that do survive, and do not require water. He would like to keep the entrance to our community looking nice, so it invites people into the community, this is the North gateway into our community. He wants to represent our Masterplan because he does not want to see any litigation down the road. He thinks we could work with staff in the planning department to limit the number of trees or only put them on the frontage side of the property, but he cannot see denying landscaping because the code is quite explicit of what is required.

Mrs. Medici

reviewed the staff report stating that the applicant is requesting an Off-premise sign in a GC zoned parcel to advertise Taylor Morrison Mt. Falls Community. The applicant is also asking for a waiver to allow an Off-Premise sign to be located more than one hundred feet from Highway 372 or Highway 160 and to allow the sign to be located south of Cass Road. Upon review of the application staff finds sufficient justification to recommend approval of CU-26-1 and WV-26-1.

Commissioner Kerr

asked why is the recommendation to approve because this sign is already standing and has been there for so long?

Mr. Osborne

stated I think that it is part of it, that it was a previously approved sign.

Commissioner Bohannon

asked how long has it been out of compliance?

Mrs. Medici

stated the code compliance case started in July 2025 so 8-9 months out of compliance.

Commissioner O’Brien

stated he believes this sign has been out of compliance since December 2021. What we have done in the past when they were out of compliance we have made them start all over again.

Mrs. Medici

stated that is what these applications are for to start all over again.

Commissioner Bohannon

stated from a compliance standpoint has that typically been something we have done from a department standpoint, or do we expect them to remove and redo the sign?

Mrs. Sandoval

stated for clarification the CUP issued in 2018 it was contingent on the 30 days of completion of the construction of the last home in the subdivisions or 2 years after approval of the CUP whichever comes first. It is kind of moot at this point it is expired and a code case is in. Without them reaching out and letting us know when that last house was built, we really do not know, it is really their responsibility.

Mr. Mulvey

stated Mountain Falls Ovation is a product not a subdivision, so they can add more phases of that product so it not really a decent use of an expiration. They are currently expanding right now.

Commissioner Hayden

asked when they say the sign comes down does that mean just the canvas and not the support?

Mrs. Sandoval

stated no, it would be the entire structure. Page 7 of 14

Commissioner Tyler

asked if they are trying to bring it back into compliance would we really require them to demolish the whole thing then reset it? That seems to create hardship for them.

Mrs. Sandoval

stated since the structure is already up and they are advertising for Taylor Morrison now, we have been working with them.

Commissioner O’

Brien stated an off-premise sign seems to be a big issue. We are asked to forgive after the fact as a board on something that is pretty clear when it was first approved. We made the previous applicants remove the face of the sign then come back with new applications and I think we set a precedence when we did that, and I would like to see it continue. Barry Goff stated Taylor Morrison bought out Ovation it is the same community with different phases, it is the same sign from 2018.

Commissioner O’Brien

stated they have a sign located on east Mountain Falls Blvd. located on the South side that has already been refaced and you are proposing to put another across the street.

Mr. Goff

stated no, we are trying to renew the permit approved by this board back in 2018. The only difference is what is says due to Taylor Morrison buying out Ovation. This is only for one sign off Homestead.

Commissioner Tyler

clarified it does only list the one parcel number, which is 5740 S Homestead.

Commissioner Bohannon

asked when was the sale completed?

Mr. Goff

stated he has no idea, he believes it was before he came on board which was after 2024.

Commissioner Hayden

stated it is important for her to know when Taylor Morrison bought out Ovation.

Mr. Goff

stated they have no way to keep track of all of the signs

Commissioner Hayden

stated she thinks it is the applicant’s responsibility to keep track of the signs.

Commissioner Bohannon

stated if this was a recent acquisition it makes sense, but the issue he has is the time factor and how long it has been out of compliance. The other issue is the previous CUP really didn’t take into account the kind of sign being posted and the purpose. You have a development that is not going to be just 2 years it is going to be more, but then the applicant should have come and renewed the application. We have others doing what they are supposed to do to stay compliant, why isn’t this applicant. The applicant needs to be more careful in not letting these permits expire.

Commissioner Hayden

stated since we seem to be troubled by the 2 years of approval, would we want to change that?

Commissioner Kerr

stated her inclination on that would be to not change the 2 years, so it makes the applicant come back every 2 years to maintain the sign. The applicant agrees to all the conditions that are required within the CUP, they also agree to send letters of written compliance every 6 months and yearly.

Mrs. Sandoval

stated in our code we do have renewal procedures already in place. Michelle Nelson stated it is in special condition #12, it has in there that the applicant may apply for an extension of time, Page 8 of 14 12. 13.

Commissioner Bohannon

stated from the Town perspective regarding code compliance is this something that this commission can recapture the cost of code compliance.

Mrs. Sandoval

stated we do have violation fees once a code compliance case has been opened. We can charge them up to 4x the application fee.

Commissioner Hayden

asked was that in applied in this case?

Mrs. Sandoval

stated I do not believe it was.

Mrs. Medici

reviewed the staff report stating that the applicant is requesting a temporary Off-Premise sign at 5668 S Nevada Highway 160, a General Commercial zoned parcel advertising the Taylor Morrison “Vivere” at Mt. Falls. Upon review of the application staff finds sufficient justification to recommend approval.

Commissioner Kerr

stated this does not need a waiver they are not asking for anything outside of code?

Mrs. Medici

stated that is correct. Tony Elder stated this is a new sign and does not require a waiver.

Commissioner Tyler

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

Mrs. Marshall

reviewed the staff report stating that this application is for a Conditional Use Permit to allow the applicant to build 4 Single-Family Detached 2-story homes with garages on a Multi-Family zoned parcel. The Page 9 of 14 14. project will be required to go through a CAT 1 Site Development process. Upon review of the application staff finds sufficient justification to recommend approval. Bill Cookston stated the owner agrees to all the conditions in the staff report. The owner did not get to the point of being able to submit the site development process. He is now ready to submit the site development.

Commissioner Hayden

stated is he able to comply with the new deadline?

Mr. Cookston

stated yes, I believe he will be. Public comment opened and closed at 7:45 pm with no comments.

Commissioner O’Brien

stated all of the development in that particular area have 2 two-story homes on each parcel and this applicant chooses to put 4, his issue with that is fire prevention. He also has an issue with how we look at our development in similar areas in which we try to put like with like. All the others have two and now this one wants four, it will put a stressor on our emergency management services.

Mr. Cookston

stated the ones you are looking at he believes are 2 story duplexes, these are 4 single family units. All he is looking to do is separate them to not have them touching. Therefore, it is the same fire code with fire walls.

Commissioner O’Brien

stated when contacting our fire chief, he looked at like buildings in the area and expressed his concern. He would like to see only 2 buildings as it fits the area better and for fire mitigation.

Commissioner Bohannon

stated when he read the external comments it stated Pahrump Valley Fire services had no concerns, is that accurate?

Mrs. Marshall

stated yes at the time the report was drafted, that is correct.

Mrs. Medici

reviewed the staff report stating that the applicant is requesting an Off-Premise sign advertising “Richmond American Amalfi Subdivision”. The applicant is also asking for a Waiver from NCC 17.04.770.1.7(a-d), Signage Separation, NCC 17.04.770.1.8 (b-c) to waive earth tone colors and the number of supports permitted for a sign. Upon review of the application staff finds sufficient justification to recommend approval .

Commissioner Hayden

stated it was said this is going to be a temporary sign, but it has a special condition of 2 years or until the last house is sold, so it is really not going to be temporary, correct?

Mrs. Sandoval

stated this is one of the existing signs that was not in compliance, so a code case was created, they then came to use and did a 90-day temporary use permit to then get these other applications in to get to this meeting. She believes the expiration date is tomorrow, if this is denied tonight then they may have 30 days to remove the sign.

Commissioner Hayden

asked when the sign went out of compliance?

Mrs. Sandoval

stated the code case was placed July 2025, they changed the face it was specific to a subdivision they had applied for and then removed that.

Commissioner Bohannon

asked if there was a fee charged?

Mrs. Sandoval

stated yes there was a violation fee for this sign.

Commissioner Kerr

stated was a waiver given previously since this sign has been standing?

Mrs. Sandoval

stated yes, it did have a waiver. Thomas Perez stated he is here today to ask for approval for this Almalfi sign. They work with Richmond and they were going out and putting them up without notifications to him. They took the signs down and started doing the temporary sign permits until they could get these CUPs.

Commissioner Tyler

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

Mr. Perez

stated yes. Public comment opened and closed at 7:58 pm with no comments.

Mrs. Medici

reviewed the staff report stating that the applicant is requesting a Conditional Use Permit to allow their Fireworks Company “Outlaw Pyrotechnics Inc.” to continue on a 4.5-acre lot located at 2280 W Betty Ave. Upon review of the application, staff finds that the requested Conditional Use Permit and Waiver do not comply with the requirements of Nye County Code for retail/wholesale firework sales. Staff finds sufficient justification to recommend Denial of CU-25-31 and WV-26-3. All the other firework businesses had to build warehouses to store their inventory and get rid of the storage containers, all of their warehouse are located on GC or CM zoned properties. Fire chief Scott Lewis indicated there was a recent call for an explosion at this property resulting in a significant injury.

Commissioner Tyler

stated in their letter they say they believe they were grandfathered in.

Mr. Osborne

stated when they first started this firework business in 2004 that was the case, but the issue is they expanded it, when they first started, they had 3-4 containers and now they have 30-40 containers. We are now saying you are not allowed to do what you are doing now you need to be in the correct zoning.

Commissioner Tyler

stated that they have expanded their operation without coming back and asking for permission.

Commissioner Bohannon

stated there was a point made of what the other firework business were made to do with warehouses, this grandfathering does not replace that expectation based on the safety of the community. From a grandfathering standpoint is that accurate?

Mrs. Medici

stated yes. Murice Law stated they have been operating at this location for over 20 years with no issues, they want to continue to operate as is. They have a good relationship with our neighbors and want to do what is needed to be in compliance, they were not aware adding the containers would take away the grandfathering status. He has documentation that the explosion mentioned previously was a false report and he has documentation that states that, and that incident did not happen at this location. We have not been a nuisance to any of our neighbors, and we will continue to operate in that way.

Commissioner Hayden

stated the fire chief stated a residential well is not sufficient for fire suppression. How would you address that concern with the fire chief?

Mr. Law

stated they can discuss that with the Fire Chief and see what other requirements would be needed, but we have water tanks currently on the property.

Commissioner Hayden

asked what size are the tanks?

Mr. Law

stated he is not sure.

Commissioner Bohannon

stated he is surprised with the inconsistency based on the safety, his concern is the out of compliance, this does not fully get them where they need to go. He is highly concerned with public safety in this matter.

Commissioner Kerr

stated it is a substantial list of issues here asking to be waived. Page 12 of 14 16. 17. 18.

Commissioner Hayden

stated based on the Fire Chief’s concern about having enough pumping capacity to put out any kind of fire, and being close to residential properties this is not the right area for this type of business, it puts the neighbors at risk.

Commissioner O’Brien

stated the BOCC addressed this issue 10 years ago with the conex boxes in high concentrations, they told all these companies they had to come into compliance. That same message was given to this business, he has a problem with them operating in a residential area with such a high-risk factor for all the people around it. There has also been a lot of tractor trailers in and out of the property moving product. This business expanded without authority and is now asking for forgiveness, and he doesn’t think this business should be allowed to operate in a neighborhood area without going to commercial.

Commissioner Tyler

stated that the next RPC meeting is April 15, 2026.

Commissioner Bohannon

stated he wants a potential workshop regarding signs, one of the things he is concerned with is he would like to see staff address the code compliance issues and the violations fees.

Mr. Koenig

stated he is working on this and will take it from here.