Valley Electric Association

Transcription

1 Call to Order and Roll Call PAHRUMP REGIONAL PLANNING COMMISSION MINUTES OF THE NOVEMBER 14,2007 MEETING The meeting was called to order in the Main Hall of the Bob Ruud Community Center in Pahrump, Nevada at 5:59 p.m. Members in Attendance: Mark D. Kimball Carrick Bat Masterson Norma J. Opatik Nevada Tolladay Jacob Skinner Dan Schinhofen Members Absent: Laurayne Murray Planning Staff: Jack Lohman Steve Osborne Beth Lee Shiloh F. Schmidt District Attorney s Staff: Building & Safety Staff: Public Works Staff: Ron Kent Absent Richard Lopez Acronyms Used: ADT = Average Daily Traffic ARC = Architectural Review Committee BLM = Bureau of Land Management BOCC/BOC = Board of County Commissioners CAA = Charles Abbott Associates CUP Conditional Use Permit DOR Deed of Restrictions CCO Code Compliance Officer CC&R Covenants, Conditions & Restrictions DRC Development Review Committee FEMA Federal Emergency Management Agency NBHPS Nevada Bureau of Health Protection Services NCC Nye County Code NCSD Nye County School District NDEP Nevada Division of Environmental Protection NDWR Nevada Division of Water Resources NDOT Nevada Department of Transportation NRS Nevada Revised Statues PRPD Pahrump Regional Planning District PRPC/RPC Pahrump Regional Planning Commission PTB Pahrump Town Board PUD Planned Unit Development USFS United States Forest Service ROW Right-of-Way SFR Single-Family Residential SOB Sexually Oriented Business TIA Traffic Impact Analysis TPC Transportation Planning Committee UBC Uniform Building Code VEA Valley Electric Association

2 Pledge of Allegiance Approval of Minutes Commissioner Masterson motioned to approve the October 10, 2007 RPC minutes subject to the spelling errors which are being corrected. Commissioner Skinner seconded Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to approve passes 6-0. Approval of / Modifications to the Agenda Jack Lohman announced no modifications. Correspondence and Announcements Commissioner Borasky stated Commissioner Murray called earlier and stated she would be late due to a conflicting appointment/meeting. Commissioner Borasky announced that Home Depot would be starting construction anytime now and he reminded everyone that the Pahrump POW Wow starts Friday afternoon. Public Comment 6:01 p.m. Scott Shoemaker requested that the PRPC look at amending the zoning ordinance regarding the animal special conditions for the possibility of allowing smaller animal conditions on smaller lot sizes. Commissioner Kimball thanked Mr. Shoemaker for coming and he will ask the Planning Department to sit down with him to talk through that idea of bringing forward a brief text amendment to the PRPC. Public Comment Closed 6:02 p.m. Commission Reports a. BOCC Liaison Report BOCC Liaison Butch Borasky Commissioner Borasky has already stated his announcements. b. Pahrump Town Board Liaison Report PTB Liaison Laurayne Murray Absent c. PRPD Comprehensive Rezoning Task Force Carrick Bat Masterson Commissioner Masterson stated the Task Force will meet again Nov 15, 2007 at 3:00 p.m. He estimates that they are about halfway through the task and he projects completion after the first of the year. Ex Parte Communications and Conflict of Interest Disclosure Statements Commissioner Schinhofen stated he does business with the applicant of item#loab. The company he is in partnership with, Spotlight on Pahrump, does business with Hafen & Hafen Realty. It is a very small amount of interaction so therefore he has no bias one way or the other and will participate. Continued Items: The following item was remanded from the October 24, 2007 Board of County Commission (BOCC) meeting. Action will be taken by the Regional Planning Commission (RPC) on the following matters; the RPC shall forward a recommendation to the Board of County The matters will be scheduled for public hearing before the BOCC for final action at a later date. PRPC November 14, 2007 Meeting Minutes Page 2 of 19

3 Commissioner Kimball corrected the agenda; this item is not considered final action by the RPC. A recommendation will be forwarded to the BOCC. Commissioner Kimball reviewed why this item was remanded back by the BOCC, stating that the applications failed to pass originally by the BOCC and Commissioner Borasky recommended the applications go back to the PRPC primarily to deal with the issues of drainage. 7. a. MP : (Major) Master Plan Amendment application to change approximately acres from the Medium Density Residential Land Use Category to the General Commercial Land Use Category, and to change approximately acres from the Medium Density Residential Land Use Category to the Multi-Family Residential Land Use Category, for property located at 6351 E. Thousandaire Blvd., situated between Evans Road and Nye-Clark Street. Desert Investments, LLC Property Owner/Applicant; Civilwise Services Agent, AP# b. ZC : (Non-Conforming) Zone Change application to change approximately acres from the Village Residential (VR-20) Zone to the General Commercial (GC) Zone, to change approximately acres from the Village Residential (VR-20) Zone to Multi-Family Residential (MF) Zone, and to change approximately acres from the Village Residential (VR-20) Zone to the Village Residential (VR-8) Zone, for property Master Planned as Medium Density Residential, located at 6351 E. Thousandaire Blvd., situated between Evans Road and Nye-Clark Street. Desert Investments, LLC Property Owner/Applicant; Civilwise Services Agent, AP# c. PM : Parcel Map application on approximately 120-acres to create a acre parcel, a acre parcel and an acre parcel for property Master Planned as Medium Density Residential and Zoned Village Residential (VR-20), for property located at 6351 E. Thousandaire Blvd., situated between Evans Road and Nye-Clark Street. Desert Investments, LLC Property Owner/Applicant; Civilwise Services Agent, AP# Steve Osborne reviewed the staff report, project description and case history; the applications were heard by the RPC on August 15, 2007 and the RPC recommended denial of all three applications by a 4-2 vote. The items were remanded from the October 24, 2007 BOCC meeting back to the RPC for further deliberation particularly with respect to the flood zone issues. Staff is standing by their original recommendations of denial of all three of the applications. Commissioner Kimball stated if he understood it correctly the BOCC is extremely concerned over the drainage issues in the area. Would these concerns also involve the Focus Group, Public Works, the Army Corp of Engineers and the applicant? Dave Richards (Agent) reviewed the application and stated there are issues that will be dealt with properly through the engineering process of the site. A large amount of time has been spent with Mr. Johnson (Code Enforcement) talking about the development of the A zone. Mr. Johnson feels as the applicant does that proper mitigation procedures will have to be taken. If FEMA and Flood Control all had the opinion that no development should happen in an A zone, that we wouldn t have Artesia or any of those developments because they are all present in the same flood plain and they all went through the proper process of Flood Control, which he and his applicant are aware of. Commissioner Masterson stated his only real problem with this application is the density. He stated the VR zones are not made up for density they are intended for lot sizes; this has always been his argument. He would like to see the drains left as natural as much as possible. He realizes it is difficult to do with the zoning the way it is but it could be done. He would like to see more lots than what is proposed in this application. Jack Lohman stated until the studies are done no one knows if any part of this land can be developed. The applicant is requesting to up zone the property prematurely. Richard Lopez (Public Works) reviewed the comments provided within the staff report. PRPC November 14, 2007 Meeting Minutes Page 3 of 19

4 Commissioner Kimball asked the Commissioners to comment on page 7, item e. The applicant is basically requesting greater density than what is recommended by the Master Plan, for this Planning Commission to justify given the density they need to know what the draining study is and how much land is being lost. Commissioner Masterson stated he agrees it comes down to density and lot size. Mr. Richards stated they understand they need to complete all of the technical studies. He reminded the Commission this is not the last time they will be before the Commission for approvals, the next step will be the Tentative Maps and various other applications. During the Tentative Map process the Commission will have an opportunity to review the lot sizes, street layout and how the drainage is being dealt with. The applicant is just asking for some kind of idea whether or not this fits the progress of development within Pahrump and whether or not the applicant should move forward with the very heavy expenses the Commission is asking for. Commissioner Kimball asked Mr. Lohman if the Commission were to approve the density they are asking for and they come back with maps and subdivision plans etc. would they have the option to work with the applicant concerning the plans if they are not happy with the density as they draw it. Jack Lohman stated he wasn t sure he could give them a direct answer, but basically if the Commission were to approve zoning the applicant is entitled to a certain density. Of course it is subject to environmental constraints, so if the studies are completed and they cut the property in half they are not going to get the density out of it. Mr. Lohman restated that he thought it was counterproductive to go ahead without knowing what kind of environment constraints they are going to have. Commissioner Kimball asked if there was a way to get a consensus between the various authorities on what the drainage situation is and what would be required without spending a ton of money. Richard Lopez stated he does not believe so; it is going to cost at least $10,000 for a drainage study of this magnitude. Commissioner Tolladay stated up to this point the Commission has restated what they had previously talked about last meeting. Commissioner Tolladay asked the applicant when they would be officially breaking ground. Ernie Becker (Applicant) stated they are looking at 2 to 4 years; a lot of extensive work still needs to be completed. The project also needs to come back to the Commission for a design review. Mr. Becker presented some information to the Commission to introduce his company and to show completed developments. Commissioner Skinner motioned to accept the additional materials. Commissioner Opatik seconded. Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to accept passes 6-0. Commissioner Tolladay stated the Commission did have an issue with approving a zone change application if adequate public facilities did not exist at the time, what decision if any did the Commission come up with? Jack Lohman stated it is one of the conditions of approval. Commissioner Tolladay stated it is under Public Works comments, and asked if the provision still stands and is the Commission still bound by it. Steve Osborne stated it is a condition that was recommended by the Public Works Department and it has been placed as condition #46 under the Parcel Map special conditions of Approval. Commissioner Tolladay asked if the zone change could be approved prior to the adequate public facilities being in existence and so the wording within the staff report would be incorrect. Richard Lopez stated the same condition exists within the zone change special conditions #18. PRPC November 14, 2007 Meeting Minutes Page 4 of 19

5 Commissioner Schinhofen stated it s not just drainage that is an issue with this application; it is also the multi-family, whether or not it is going to fit. He also stated he loves the first part of this application, the commercial area will be important in the future and the roads will be wide enough to support it. The concern is will the density and if the Multi-family is going to fit. The surrounding area consists of 5 acre homestead properties. Commissioner Kimball clarified the actual zoning of the area is Medium Density Residential, less than an acre. The argument is whether or not multi-family should be located in the area and the size of the lots. Commissioner Kimball asked if the applicant would be satisfied with yr-b. Dave Richards stated the applicant is actually expecting an overall density of 12,000 sq feet per lot. What the applicant is stating is that they would like to move the houses out of the drainage area and do drainage park and green area, some drainage mitigation in trade for smaller lots that can go down two sizes but still not get the VR-8 density. However some of the lots may go down to 10,000 sq feet but the problem is that you jump from VR-8 to a yr-lu then all the way up to a VR-20. The applicant would accept a VR-l0 and be fine with it. Commissioner Kimball asked if that counted the area they were losing because of drainage. Mr. Richards answered yes. Commissioner Kimball asked Mr. Kent what special conditions #18 and # 46 under Public Works comments bind the Commission to. The question is whether or not the developer would have to take care of showing there is adequate public facilities prior to approval of the parcel map. Is that true or is that something that would have to be done if the Commission were to approve the parcel map. Mr. Kent answered once the developer received the entitlements that would be something that would have to be presented later to be approved, when they determined to proceed. Commissioner Kimball asked if they could proceed tonight without these items being a concern. Mr. Kent stated correct at least in regards to items #18 and #46, other issues do exist. Commissioner Tolladay stated they still have to consider item g page 7 under the Public Works comments. Certainly today public facilities do not exist. Mr. Richards stated he felt the Commission is discussing the way the conditions are interpreted, his understanding is that the public facilities report that is contained in item h, which talks about adequate public facilities as they exist in the area and what the developer is proposing to do to make the adequate public facilities available to the site. All these items are part of the process before they can go forward with the project, it does not mean water lines, streets, and sewer lines need to be in place at that time, it s how you intend to deal with that. Commissioner Kimball asked Commissioner Borasky the reason he recommended remanding this item back to the Planning Commission. Commission Borasky stated one of the main reasons for requesting this item to be remanded back to the RPC was because of the drainage issues. If the drainage issues could be eliminated it would be a whole different proposal. The applicant failed to provide the RPC adequate information. When the applicant presented before the BOCC they informed the Commissioner that they specialized in flood zone management and he (Commissioner Borasky) felt it would be wise for the applicant to revisit the Planning Commission. Ernie Becker stated some of the projects they have completed, they were required to address how they were going to flow the water away from the buildings and into areas with detentions. They also were required by the city to build a drainage culvert all along Rancho Rd. Mr. Becker stated they also have an apartment complex that has a severe drainage issue and they have had to complete several different options to ensure proper drainage. PRPC November 14, 2007 Meeting Minutes Page 5 of 19

6 Commissioner Masterson stated he feels this area may be appropriate for a commercial project however he does not think multi-family would be appropriate. Commissioner Kimball asked what if they were to give the applicant VR-8 where the commercial exists and yr-b within the rest of it. Commissioner Masterson stated he does not have a problem with VR-8 because they are going to have to leave a great deal of natural. They are going to have to come back with the maps and he would like to see those. Commissioner Masterson stated he could see where they could have a nice project with the VR-8 because they are going to have a lot of empty natural space because of the severe drainage problems. He just does not think the multi family in the area is necessary. Commissioner Tolladay stated he would love to see the applicant build this project somewhere in the valley, he just has a challenge accepting this location as an appropriate one. He feels this does significantly alter the character of the community when the Commission decides to drop from VR-20 to VR-8 or yr-b. The argument that VR-8 or yr-b is needed to make the project viable is not correct, the applicant was aware of the situation when they started looking at this piece of dirt. Recommendations have been received from FEMA, Planning Staff and Nye County; he is inclined to follow those recommendations. Commissioner Opatik stated she does not completely agree with Commissioner Tolladay, she stated she likes the project however she is not crazy about the multi-family. If anyone can build in that area it would be this applicant. If the Commission could get over the multi-family she would be in favor of it. The only way this piece of land is ever going to be developed is if someone with this quality goes in and does it. Ernie Becker stated the commercial development is usually located in the front of the property along the major corridor/road. Buffers will exist between the multi-family and the residential. The project as it stands will be self supporting because the multi-family will feed the shopping centers as well as the homes. Mr. Becker reviewed the handout provided to the Commissioners (handout was previously provided to the BOCC). Mr. Richards stated this project was based on the experience of the developer, they understand some type of transition needed to exist from general commercial to multi-family to residential. Public Comment 6:42 p.m. Public Comment Closed Jack Lohman briefed the Commission that item #13 on tonight s agenda discusses an amendment to Nye County Code Chapter adding requirements for Conceptual Site Development Plans, once this amendment was adopted the Commission would have the option to require the applicant to submit a conceptual site plan, which would allow the applicant to show the flood plains and known drainage ways. The conceptual site plan does not require a hard engineering plan. It may be an option to allow the applicant to continue this item to allow them an opportunity to submit a plan once the Nye County amendment has been completed. Mr. Richards stated he did submit a conceptual site plan for the front two areas where the multi-family and where the general commercial would exist. The intended layout of the commercial area and the parking was covered the only thing not covered was the actual street and lot layouts for the residential portions. Mr. Richards stated they do need to complete the drainage studies and complete all the expenses to quantif the amount of drainage coming through and what it s going to take to deal with the drainage. If they were to complete a layout they would be guessing and major changes would have to be completed. They would like to submit actual numbers and real layouts based on studies etc. Commissioner Skinner stated he did not feel they had the expertise to review drainage plans and determine whether or not the drainage is sufficient, staff has given a recommendation to deny because of poor drainage. Commissioner Skinner stated he understands it can be mitigated by a drainage plan but the Commission does not have a drainage PRPC November 14, 2007 Meeting Minutes Page 6 of 19

7 plan before them. So he feels it would be best to follow staff s recommendations. Commissioner Skinner also stated he felt it was classic spot zoning as well as difficult to develop. Commissioner Tolladay asked if the applicant had 3 months would it help him to gather credible information that would help the Commission to be comfortable in approving this application. Ernie Becker stated he does not know how to be clearer on his expertise on his projects that he has brought before them without doing the extensive reports that he has to do, and that is completing the drainage and traffic studies. He cannot submit his plans for approval until he has addressed these issues. Commissioner Kimball recapped the discussion. Commissioner Skinner motioned to deny MP , ZC and PM based on stafffindings and recommendations. Commissioner Tolladay seconded Roll call vote: Schinhofen, yes; Opatik, no; Skinner, yes; Masterson, no; Kimball, no; Tolladay, yes. Motion to deny fails 3-3. Dave Richards asked if Commissioner Murray was going to be available. Commissioner Kimball stated the Commission was not going to delay the vote until she arrives. He stated it would take 5 votes for a Master Plan Amendment; Commissioner Murray would make 4 if she was here and voted. Commissioner Schinhofen stated he didn t understand, a majority is needed to pass the motion and the vote was 3-3 and it failed. Commissioner Kimball stated they had been informed previously by the Planning Department that ties are unacceptable way to moving a vote along. Ron Kent stated the quorum remains the same regardless of who is in attendance. Commissioner Schinhofen stated his question was if the vote was 3-3 doesn t it fail? wouldn t rise to the majority. And if it was 4-3 it still Commissioner Kimball stated if it was 4-3 it would fail but it still would forward to the BOCC. 3-3 he has been told he was not allowed to do and Planning Staff has forced them to revote every time there has been a tie. Jack Lohman stated a tie vote is a failure of action, failure to pass. Commissioner Masterson motioned to approve MP and ZC subject to multi-family being changed to VR-8 and PM findings including all conditions and subject to discussions heard tonight by the applicant. Commissioner Opatik seconded Commissioner Skinner stated he noticed there is no time limit as to when to begin construction. Commissioner Masterson amended the motion to state that the zoning will revert back after 3-years if construction has not commenced. After further discussion the Commissioners decided to require a site development plan to be submitted within 3 years. Commissioner Kimball summarized the motion. To approve MP and ZC subject to multi-family being changed to VR-8, to approve PM , the site development plans will be submitted within 3 years or the area would revert back to the original zoning, the approval is based on standards and special conditions of approval, the conversation taken place tonight and on the assumption that these recommendations are in the better interest of the community. PRPC November 14, 2007 Meeting Minutes Page 7 of 19

8 Commissioner Masterson accepted and agreed with the amended motion. Commissioner Opatik secondea Commissioner Schinhofen stated he wanted to be clear that no apartment buildings would exist on the property. Commissioner Kimball stated the motion did away with multi-family entirely. Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, no; Masterson, yes; Kimball, yes; Tolladay, no. Motion to approvefails ZC : (Conforming) Zone Change application to change approximately 0.23 acres from the Multi Family (MF) District to the Mixed Use (MU) District for property Master Planned as Mixed Use, located at 1660 S. Highway 160, sitiiated approximately 925 feet northwest of the intersection of Calvada Boulevard and Highway 160, known as Calvada Valley Unit 6, Block 16, Lot 129. Ira G. Greenberg & Linda S. Padell Property Owner/Applicant, Civilwise Services LLC Agent, AP# Beth Lee reviewed the staff report, case history and project description; no plans of development have been submitted, nor a statement of intended use. Staff is recommending denial. Commissioner Masterson stated this application is the same as the properties located down the road; the problem is no access is going to be allowed on Flintstone St. What you have once you have the 30 foot access is a parking lot with a 1,000 sq foot building. It is very difficult and he would like to see a site plan. Commissioner Opatik asked if the applicant is emphatic about having access from Flintstone St. Beth Lee stated no but NDOT views roads like Flintstone, Alfalfa and Ambush as frontage type roads. Commissioner Masterson stated these are residential areas and that s what creates the problems. Dave Richards (Agent) reviewed his application and stated they are requesting a conforming zone change and the applicant does not have a problem down zoning the application to neighborhood commercial. The property has been hard zoned multi-family and 6 lots/property owners have objected to that hard zoning. Mr. Richards mentioned he is part of the Rezoning Task Force and in the future they will be looking at those subject properties. Commissioner Kimball stated the property owners may be dissatisfied but what they are left with is the right to build a single-residence within Open Use. Is the entire area on the list to review? Commissioner Masterson stated yes some of the properties are on the list, many people did not complain but they are looking into it. Commissioner Kimball asked why don t they leave the area as is and let the task force resolve the issues and bring a recommendation to the PRPC. Jack Lohman stated the properties identified on the map in white are the mixed areas that were left open use subject for the committee s review and the Task Force is restricted to what s on the list. Mr. Richards stated the property owner is from out of town and did not understand the process and now she is forced to submit an application. In the hard zoning process it is the PRPC s position that the hard zoning is just a starting point and if an individual wants to get a zone that was Master Plan all a person has to do is come forward with an application. Mr. Richards stated he has represented many individuals who objected to the hard zoning who did not make the subject list the Task Force is reviewing. Mr. Richards continued his review of his application. Commissioner Kimball asked what size of building would actually be allowed on the property. Commissioner Masterson stated it would be hard to determine because it would depend on the parking. PRPC November 14, 2007 Meeting Minutes Page 8 of 19

9 Applicant, Agent. Jack Lohman stated approximately 64 x 20. This is about the size of a small house. Mr. Lohman clarified for the record that in the zoning hearings the concept was that the area which was designated as Mixed Use could be up zoned as high as Neighborhood Commercial when a development project came in, it wasn t automatic. Dave Richards stated the applicant is willing to accept Neighborhood Commercial, just like the property next door. Commissioner Kimball asked what would be wrong with following staffs recommendation and deny this application and waiting for the results of the Comprehensive Rezoning Task Force. Mr. Richards asked if it would be wise to continue this item until the completion of the task force. Public Comment 7:14 p.m. Public Comment Closed Richard Lopez (Public Works) stated due to the distance from Calvada Blvd, which is 900 feet and given the speed limit of 35mph, the likelihood is high of them receiving an NDOT encroachment. Commissioner Skinner motioned to continue ZC to the February 13, 2008 RPC meeting. Commissioner Schinhofen secondeil Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to continue passes 6-0. Break 7:18 p.m. Reconvened 7:35 p.m. 9. a. MP : (Minor) Master Plan amendment application to change approximately 2.39 acres from the Mixed Use Land Use Category to the Heavy Industrial Land Use Category, located at 1650 E. Mesquite Avenue, situated between Kitty Hawk Drive and Avenue of the Stars, described as F#228559, P.3, Section 35, T19S, R53E. Kenneth & Angel Mietzner Property Owner, Charles Bailey Applicant, Civilwise Services LLC AP# b. ZC-07-O100: (Non-Conforming) Zone Change application to change approximately 2.39 acres from the General Commercial (GC) District to the Heavy Industrial (HI) District, located at 1650 E. Mesquite Avenue, situated between Kitty Hawk Drive and Avenue of the Stars, described as F#228559, P.3, Section 35, T19S, R53E. Kenneth & Angel Mietzner Property Owner, Charles Bailey Civilwise Services LLC Agent. AP# Beth Lee reviewed the staff report, case history and project description; development of a metal scrap and recycling facility. Mrs. Lee stated staff does not object to the project however to the location, they feel this type of operation would be better suited for an area already zoned Heavy Industrial, staff considers this spot zoning. Staff is recommending denial of both applications. Dave Richards (Agent) reviewed his application and justification letter with the Commission. Mr. Richards stated he did agree with some of the recommendations within the staff report however he asked the Commission to consider the surrounding uses in the area. (landfill and gravel pit) Mr. Richards stated he does not think the Commission can ignore the fact that the area is being used for industrial uses. Commissioner Kimball stated he has put some thought of applying some limitations to this application if it were approved. He researched the possibility of a Conditional Use Permit or approving the application with a special condition that the zoning reverts back if the business leaves but he was unsuccessful. So the Commission may have to take a look at Mesquite Ave. The project does fit in the area however staff is correct in stating this is spot zoning. Jack Lohman stated this application has to be reviewed in a clinical perspective, what the Master Plan says and not what is present at this time. The landfill and the gravel pit are both temporary uses. PRPC November 14, 2007 Meeting Minutes Page 9 of 19

10 Commissioner Kimball asked if Mr. Lohman had any knowledge on what has replaced landfills in other areas. Mr. Lohman stated he has not had any experience with the replacement of landfills however he does know you cannot place buildings or residential projects over the area, it will be replaced with an outdoor use. Commissioner Opatik stated that Sunrise Mountain in Las Vegas replaced a landfill with a golf course and surrounding it with residential properties. Commissioner Borasky stated the landfill sits on Nye County property and he doubts that the County will place a golf course on the property. Richard Lopez (Public Works) stated they are required to monitor for landfill gases for 30 years after closure unless they have 10 years of non-detect at which time they could request a waiver. Commissioner Kimball stated the Commission is looking at approximately 20 years from now before the area can be developed. Mr. Lohman stated staff tried to get some information on potential closure, how much life was left in the landfill. Beth Lee stated the conservative date she was given was Mr. Lopez stated that was correct due to some design issues, more space is available than originally thought. Commissioner Tolladay stated he agreed with all of staffs recommendations. He feels if the area were rezoned to Heavy Industrial future uses could result in uses that would be inappropriate with the surrounding properties. Commissioner Masterson agreed with Commissioner Tolladay however the Master Plan does not have an adequate amount of Heavy Industrial and the Commission will have to review this in the future. Commissioner Skinner stated he would like to take a minute and look at the bigger picture, putting aside the spot zoning issue, this application is an opportunity for the Commission to promote recycling in Pahrump. There is not a better location than right beside the dump. Mr. Richards stated further up Mesquite Ave there are properties which exist that are Heavy Industrial. Mr. Richards gave his feeling on why this recycling facility is needed within Pahrump. Commissioner Kimball asked what kind of buffers will be present in the area. Mr. Richards various types of landscaping would exist along with trees surrounding the property, concrete roads would also be present. He continued to review the submitted site plan. All codes would be followed. Charles Bailey (Applicant) gave a description of his company, SA Recycling. recycling program within Pahrump. Mr. Bailey reviewed the need of a Public Comment 7:56 p.m. Dan Simmons encouraged the applicant to apply for a grant through the County if it would help with cleaning up the valley. Public Comment Closed 7:57 p.m. Jack Lohman stated for the record that there are 80 areas of vacant Heavy Industrial property east of the subject project. Also, the applicant stated this is an electric operation, staff checked with the fire department and it is diesel operated machinery. PRPC November 14, 2007 Meeting Minutes Page 10 of 19

11 Charles Bailey stated they have mobile diesel operation, he has electric bailers. Mr. Bailey stated they could not use 80 acres for what they are looking to do, he is not interested in building something that size. Commissioner Borasky stated the 80 acres that Mr. Lohman mentioned belongs to Rinker which will open in the near future. It will be developed as a gravel pit, right across the road is a gravel pit owned by Ron Murphy. Commissioner Kimball asked Ron Kent if there was something within the code stating these are the items that require a Conditional Use Permit and does that preclude them from voluntarily having a Conditional Use Permit when it is not required. Ron Kent stated once the applicant is granted entitlements there is no mechanism to enforcing a Conditional Use Permit of that type. Mr. Richards asked staff if there was a Conditional Use process that could be applied to the General Commercial that would allow for this type of operation. Mr. Richards restated his position that this project is compatible with the surrounding uses in the area and it does appear that the location is headed towards Heavy Industrial. Commissioner Masterson stated the Commission has approved a sanitation company to move into the area as well as other things. Charles Bailey stated Pahrump Valley Disposal is already located in the area. They recycle cardboard which they do not do. They recycle metals and cans, he is not trying to interject into their business, and he does not think all the rock pits are going to be filled up in the next 25 years. Commissioner Opatik asked what the hours of operation would be and how much lighting is required. Mr. Bailey stated 7 a.m. to 3 p.m. and V2 days on Saturday. Security cameras and limited lighting will be present. Commissioner Tolladay stated he doesn t think anyone questions the merit of the enterprise and he agrees with Commissioner Masterson that the Master Plan needs to be reviewed. But the issues are whether or not the Commission is going to spot zone and if they are going to be comfortable with the future ramifications. Commissioner Masterson stated although it may be spot zoning technically, if you look at the area and what exists it truly isn t. Commissioner Tolladay motioned to deny MP and ZC-07-O100 based on staff recommendations as outlined in the staff report. Commissioner Opatik seconde L Roll call vote: Schinhofen, no; Opatik, yes; Skinner, no; Masterson, no; Kimball, no; Tolladay, yes. Motion to denyfails 2-4. Commissioner Masterson motioned to approve MP and ZC-07-O100 subject to staff s findings and the testimony heard tonight. Commissioner Skinner stated he would like to add the condition that development has to commence within 3 years, paved roads exists and the hours of operation, 7 a.m. - 4 p.m. Mon-Fri and 7 a.m.-12 a.m. on Sat. Richard Lopez (Public Works) stated they are asking for 2 moving lanes across the property frontage. Commissioner Masterson amended his motion to include special conditions, #1 hours of operation 7 a.m.- 4p.m. Mon-Fri and 7 a.m.-12 a.m. on Sat., #2 development must commence within 3 years and #3 paving of the road between the properties. Commissioner Schinhofen seconded Roll call vote: Schinhofen, yes; Opatik, no; Skinner, yes; Masterson, yes; Kimball, yes; Totladay, no. Motion to approvefails a. AB : Application to abandon a portion of Manse Road located east of Highway 160, PRPC November 14, 2007 Meeting Minutes Page 11 of 19

12 F#654970, Section 10, T21S, R54E. HHH Investments, LLC Property ApplicantlAgent. AP# Owner, Gregory Hafen b. PM : Parcel Map application to divide approximately 23 acres into a acre (net) parcel and a 0.99 acre (net) parcel for property Master Planned as General Commercial and zoned as General Commercial (GC), located east of Highway 160 at Manse Road, F#654970, Section 10, T2 15, R54E. Foundation Holdings Property Owner, Vicki Hafen Scott Applicant/Agent. AP# Steve Osborne reviewed the staff report and requested action; abandon approximately 8,905 sq ft portion of Manse Road, and divide approximately 23 acres into a acre (net) parcel and a.99 acre (net) parcel. The applicant has requested some changes to the Parcel Map Conditions of Approval, #6, #7, #17 and #23. Commissioner Kimball asked if staff had a position on the changes. Mr. Osborne stated on condition #17 it states that water rights would be transferred to Nye County, staff concurs with the applicant that water rights should be transferred to the water service district which would be Pahrump Utility Company because the property has been annexed into the service area. Greg Hafen (Applicant) reviewed his application and the changes requested of the conditions. Mr. Hafen submitted a copy of the changes for the Commission to review. Mr. Hafen stated the changes were agreed upon by the Planning Staff as well as the Public Works Department Commissioner Opatik motioned to accept the additional information. Commissioner Masterson seconded. Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to accept additional information passes 6-0. Mr. Hafen stated in regards to condition #6 there was an issue whether or not the Guidelines for Design and Review of Development Engineering Submissions had been adopted formally, legally and enforceable because they were adopted by resolution rather than ordinance. So there was a legal issue as to whether those should or should not be requirements rather than guidelines. The Commission decided they would be guidelines, rather than argue with that issue he agreed with Public Works that they would insert the language proposed. Ron Kent stated as it stands right now these are bona fide regulations, that is the position of the County and this board is required to follow these regulations. Mr. Kent stated he does not have a problem with the language in the motion. They are reserving the right to contest at a later date. Mr. Hafen stated if they are legally adopted they will abide by them and if they are not, they will go back through the process to become legally adopted at which time they will follow them. Condition #7 concerning the requiring a drainage study, construction plans and traffic studies which must be submitted, he wanted to clarify that this would not apply to parcel #2 unless they decide to pave inside the parcel. Condition #17 was previously discussed by Mr. Osborne. Condition #23, as part of the parcel map there is a dedication of 30 feet of right of way abutting this property and the reason is because Manse Rd. was realigned in conjunction with the Focus/Gateway development. Commissioner Schinhofen asked what was the required amount of water needed to be transferred. Mr. Hafen stated it depends on the type of development; their tariffs are currently governed by the Public Utilities Commissions. The tariffs currently for residential development are.616 when they move to commercial it is based upon fixture count. Public Comment 8:30 p.m. Public Comment Closed PRPC November 14, 2007 Meeting Minutes Page 12 of 19

13 Commissioner Masterson motioned to approve AB and PM based on staff recommendations and findings as outlined in the staffreport to include the changes to conditions #6, #7, #17 and 23 as presented by the applicant. Commissioner Tolladay secondeil Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to approve passes CU : Conditional Use Permit (CUP) application to allow an indoor agricultural commercial use (shrimp production operation) within the Rural Homestead (RH-4.5) District, on property located at 5280 & 5340 S. Oakridge Avenue, situated approximately 1,255 feet south of Manse Road, described as F#254956, P.4, Section 12, T21S, R53E. Gary G. Day Family Trust Property Owner, Ganix Bio-Technologies, Inc. ApplicantJAgent. AP# s & Steve Osborne reviewed the staff report, case history and project description; indoor shrimp production facility. Staff is recommending approval subject to conditions. Commissioner Kimball stated when the text amendment was being proposed the agreement with the applicant that only 2 buildings would exist, so the drawing attached to the staff report is not accurate. Mr. Osborne stated the applicant did submit drawings indicating 4 buildings; however the applicant verbally told staff that they would submit drawings and develop only 2 buildings. Staff has not received anything from the applicant. Staff is recommending the Commission only approve 2 buildings, additional landscaping and that the buildings are painted with an earth tone color. All of these conditions are documented within the staff report. Jack Lohman stated staff is recommending additional buffering and landscaping is because of the existing residential properties. Randy Black (Applicant) stated they concur will all of staffs recommendations, they have agreed to eliminate 2 of the buildings, increase the buffers and landscaping and mitigate any of the visual impacts these buildings may have. Commissioner Schinhofen asked how they would dispose of waste. Beau Dempsey stated as far as processing and packaging on the site, the prawns are harvested out of the ponds and put on ice and shipped out the door. As far as de-veining, de-shelling, beheading that will not be done onsite. Commissioner Kimball asked what happens to the product that dies and cannot be packaged. Mr. Dempsey stated they are required to be frozen and held until they can be disposed of off-site. They cannot simple throw waste into a dumpster because it then becomes a hazardous material. They have to have codes and procedures on site to dispose of the shrimp. Public Comment 8:40 p.m. Public Comment Closed Commissioner Schinhofen motioned to approve CU based on staff recommendations and findings as outlined in the staff report. Commissioner Tolladay seconded Commissioner Opatik asked if the Oakridge Ave. starts and stop at this parcel and if it s paved. Mr. Dempsey stated Oakridge Ave. is paved all the way from Manse Rd. to Thousandaire Blvd. Commissioner Opatik stated in the past we have required block walls around commercial properties, are we not requiring that here? Jack Lohman stated they can add a block wall as a condition however this is not a commercial zone it is a residential zone with a Conditional Use Permit. PRPC November 14, 2007 Meeting Minutes Page 13 of 19

14 Commissioner Kimball stated the applicant is adding additional buffers to the property. And the question is would a block wall add or detract from what the Commission is trying to accomplish, which is have this project blend with the area. Mr. Lohman stated they could add a condition that staff work with the applicant to develop the most appropriate buffer which could include a combination of landscaping and/or brick wall to achieve or minimize the impact to the neighborhood. Commissioner Kimball stated they should just indicate that fence or walls or lack of it should be determined by the Planning Department. Commissioner Schinhofen stated he thought all this was taken care of when the additional 20 feet of landscaping. Mr. Lohman stated that was staff s intention. Commissioner Skinner asked to include the time limit of development must commence within 3-years or the permit expires. Commissioner Schinhofen amended his motion to approve CU , include adding development must commence within 3 years or the permit will expire and the applicant will coordinate with staff to develop appropriate landscaping and buffers to minimize the impact to the surrounding neighborhoo L Commissioner Opatik seconde L Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to approve passes 6-0. Break 8:45 p.m. Reconvened 8:56 p.m. 12. CU : Conditional Use Permit (CUP) application to allow for the expansion of an existing child care facility in the Open Use (OU) District for property Master Planned as Medium Density Residential, located at 2541 S. Mariposa Avenue, situated approximately 100-feet south of Mount Charleston Drive, known as Calvada Valley Unit 4B, Block 21, Lot 2. Donald W. Puckett Property Owner/Applicant. AP# Beth Lee made a correction to the agenda and staff report, they both state the address is 2541 S. Mariposa Ave the correct address is 2641 S. Mariposa Ave. Mrs. Lee continued her review of the staff report, case history and project description; expansion of a grandfathered childcare facility. Staff is recommending approval subject to conditions. Commissioner Tolladay stated he understands they are currently licensed for 85 children and they are adding the capacity for another 80 so they would have room for a total of 165 children. Donald & Rachelle Puckett (Applicant) stated currently they are not at maximum occupancy; the state has several guidelines they have to abide by before they are allowed or issued a state license to operate. Once the addition is completed the State of Nevada and Childcare License Bureau will conduct an inspection to ensure all guidelines have been met. Rachelle Puckett reviewed her accreditations and qualifications with the Commissioners. Commissioner Tolladay asked what NAEYC was and how many years has she been in business. Mrs. Puckett stated National Association for the Education of Young Children and she is also a member of NACCP, which is National Association for Childcare Professionals. She has been in business since April Commissioner Opatik asked if they were also a preschool. PRPC November 14, 2007 Meeting Minutes Page 14 of 19

15 Rachelle Puckett stated that is the main drive behind the addition to develop a certified preschool. The preschool is not determined by the size of the facility but by the type of license you apply for. Currently they are simply a childcare center, she is hoping for the opportunity to develop a certified preschool. Commissioner Opatik stated the applicant indicated approximately 100 round trips to the facility, with a maximum of 165 children, how will the remaining 65 be getting to the location. Answer was not detected by the recording. Donald Puckett reviewed the site plan submitted and the location of the project. The facility s address is or will be 1801 S. Mount Charleston Drive. Richard Lopez (Public Works) asked if the additions would be modular or one unit additions. Mr. Puckett stated they will actually be stick built, steel frame. Originally he had wanted 6 new classrooms however he couldn t afford it. Public Comment 9:08 p.m. Public Comment Closed Commissioner Tolladay motioned to approve CU-U based on staff recommendations and findings as outlined in the staff report. Commissioner Schinhofen seconded. Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to approve passes DjSCUSSOflg deliberation, and possible decision regarding Bill No : A Bill proposing to amend Nye County Code Chapter 17.04, the Zoning Ordinance of the Pahrump Regional Planning District, by adding Requirements for Conceptual Site Development Plans; and other matters properly related thereto. Jack Lohman reviewed the staff report, attached Bill No. and case history; the matter was initiated by the BOCC Nov 6, 2007, the reason for the amendment is to allow applicants to provide enough illustrative information for the PRPC and the BOCC to evaluate projects, while requiring minimal costs for the applicants prior to receiving their entitlements. Mr. Lohman stated the Conceptual Site Plan does have to be drawn professionally, that means to scale, arrows properly placed etc. They don t have to be done by an engineer however clean, easy to read and to scale. Commissioner Kimball stated it is a good idea if the Commission and the applicant have some idea what they are going to do on the property. Jack Lohman stated he does feel this will significantly reduce the cost of work to the applicant. Mr. Lohman stated he had a conversation with the County Manger and it was their opinion that almost every time they have a Master Plan Amendment they have a Zone Change application, but if you want to add that language you are welcome to. A Master Plan Amendment does not give you an entitlement to build anything; you cannot get a building permit with just a Master Plan Amendment. Public Comment 9:14 p.m. Public Comment Closed Commissioner Tolladay motioned to forward a recommendation of approval of Bill No based on the recommendations and comments made within the staff report. Commissioner Schinhofen seconded Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to approve passes 6-0. PRPC November 14, 2007 Meeting Minutes Page 15 of 19

16 14. Discussion, direction and decision regarding Text Amendment TA /Bill No : A Bill proposing to amend NCC sections and 800, the Definitions Section and the Home Occupation Regulations by revising in Section , the definitions of Home Occupation and Residential Industry ; revising , the Development Standards for Home Occupations; by amending the Requirements for Home Occupations and Residential Industry within the following residential zoning districts: Rural Homestead Residential, Rural Estates Residential, Suburban Estates, Village Residential, Multi-Family and Mobile Home Park; and other matters properly related thereto. Jack Lohman reviewed the staff report, case history and requested action; approval of a Text Amendment to allow flexibility in the Home Occupation Regulations. Mr. Lohman reviewed the definitions listed within the bill. Mr. Lohman asked the Commission to review page 2 under B which reads, Residential industry shall be allowed in the single-family residential zoning districts on lots that are 20,000 square feet or larger. So they have to be almost half acre or longer. Now review page 5, individual zoning requirements, you start getting into VR-20, yr-b, VR-8 etc. Mr. Lohman stated he does not know or if the lot sizes are consistent with the zoning they are not 20, 000 sq foot. So there seems to be a conflict. The Commission could have a VR-8 lot that is over 20,000 sq ft. On the surface it appears we have gone down to a lower zoning category were maybe it should stop at VR-20 and not include the others. Commissioner Kimball stated they are listed as permissive uses. Commissioner Schinhofen stated it reads residential industry not just home occupation, home occupation and residential industry is different. Commissioner Kimball asked Mr. Waite if he had any questions he would like to ask. Mark Waite (Pahrump Valley Times) stated he has always been amused with some of the mom and pop home based business that have been located in the most unusual places. He feels it would be an interesting story as to how they started. Jack Lohman stated you have home occupations as they were before and now you have the new businesses on lots over 20,000 sq ft you can put them in accessory buildings. Public Comment 9:23 p.m. Public Comment Closed Commissioner Opatik suggested the definition of home occupations on page 2 should read something like, also know as home based business is any legal activity carried out for the gain by a resident. Commissioner Opatik asked if that was implied or should it be stated. Mr. Lohman stated if they want a home occupation permit as it stands today they have to get a business license through the Town of Pahrump. And to get a business license they have to come through the Planning Department to get a zoning clearance. Commissioner Kimball asked if the definition should say that a home based business is any license business activity carried out for gain by a residence. Commissioner Opatik stated that brings up another point because if you get a business license in town you have to have a commercial well and septic. Commissioner Kimball stated he didn t think so, not for a home based business. Commissioners talked about whether or not it was a requirement to have a commercial well and septic to acquire a business license. PRPC November 14, 2007 Meeting Minutes Page 16 of 19

17 Commissioner Masterson stated as a home based business, he thinks they will have to get with the Town concerning the issues of the commercial well and septic. Jack Lohman stated most home based occupations are going to exist in an already existing home. Commissioner Schinhofen asked the Commission to review page 3, under item #1, letter c. Commissioner Schinhofen stated he had made a suggestion to say the accessory structure cannot be bigger than the home. However, item C reads...the home-based business may occupy up to thirty percent of the floor area of the accessory structure. Can this be reworded tonight? Commissioner Kimball stated the problem is the Commission has not defined what accessory structures are allowed and the size of those. If the Commissioner were to state for this specific purpose an accessory building can t be larger than the home you can use 100% of it. Commissioner Kimball stated it should indicate the accessory structure does not exceed the size of the house they may use 100% of the accessory structure. If it exceeds the size of the house they can only use 30%. Commissioner Schinhofen motioned to forward a recommendation of approval of Bill No , Text Amendment TA , correcting section C.1. c. to read If the accessory structure does not exceed the size of the house they may use 100% of the accessory structure. If it exceeds the size of the house they can only use 30%. Commissioner Skinner seconded. Roll call vote: Schinhofen, yes; Opatik, yes; Skinner, yes; Masterson, yes; Kimball, yes; Tolladay, yes. Motion to approve passes Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time of Future Pahrump Regional Planning Commission Meetings. Commissioner Kimball asked the Planning Staff to work with Scott Shoemaker and himself on some wording that would be an appropriate amendment of title 17 that would allow some classifications of smaller exotic animals. Commissioner Kimball would also like some research done on the properties along Basin Ave and Hwy 160 in order to get the area zoned appropriately. Jack Lohman stated the best thing to do would be to send out a notice to all of the surrounding property owners and process the application as a formal application. Mr. Lohman stated he is continuing the work to streamlining the staff reports to make them easier to understand and follow. Also, the APA conference committee for the mobile workshop has been established the members are Commissioner Kimball, Commissioner Masterson and Commissioner Opatik. Commissioner Schinhofen asked how the Commission can get staff to take a look at the property along Silver St. and Homestead Ave. The property on the left is all 1 acre lots and it is Master Planned General Commercial. Everything around it is RE-I and RE-2. The remaining properties are low density residential, can something be looked at? Commissioner Masterson stated he thinks what they looked at on the Master Plan is much of it as possible followed the Calvada maps and the Calvada maps said that was a commercial section. Commissioner Schinhofen stated he agreed just not on that street, yes Homestead Rd. would be appropriate. Jack Lohman stated the project on Basin Ave is the first attempt at altering or changing the Master Plan and he is reluctant to starting two or three at the same time. Mr. Lohman stated he feels staff should get the first one out of the way, see how it goes and then maybe other areas can be looked at. He doesn t think it would be wise to do an overall amendment of the Master Plan but pick out areas that the Commission sees problems. Commissioner Kimball asked if they were mandated by law to update the Master Plan within 5 years. PRPC November 14, 2007 Meeting Minutes Page 17 of 19

18 Jack Lohman stated he doesn t think they are mandated, he does think it s recommended. The Master Plan was adopted 2004 so we are looking at Mr. Lohman stated again it may be wise to start in areas that are a problem throw out the bad, keep the good. Commissioner Opatik stated last month they talked about this same issue, along the area of Winonna Way. They wanted Light Industrial, there was Commercial up there and then they wanted Light Industrial. It would have been spot zoning because it was all residential. Commissioner Opatik stated it was her thought that it would be wise to take that area and make it Neighborhood Commercial so there would be a buffer to the next group of residential lots. There are areas that have to be looked at, buffers need to be reviewed. Jack Lohman stated he would still recommend that the Commission approach these on neighborhood levels, not just a spot here and a spot there. If you start doing that you start eroding the integrity of the plan. Commissioner Kimball stated many areas have been identified tonight as needing to be reviewed within the Master Plan, one of which is the area on Mesquite Ave. That is the next thing the Commission should look at. Commissioner Masterson stated Manse Rd. is another area to look at. 16. Adjournment This meeting was adjourned at 9:43 p.m. PRPC November 14, 2007 Meeting Minutes Page 18 of 19

19 Approved Date: November 14, 2007 Attest: lip IJh4AWdIII /. Mar I. n ail, Chairperson North. Jean Opa, Secr Pahrump Regi.nal Planning C. mission Pahrump Regional Planning Commission PRPC November 14, 2007 Meeting Minutes Page 19 of 19