Pahrump Regional Planning Commission– Pahrump Regional Planning Commission Meetings - Regular Meeting

Good evening and welcome to the July 15th meeting of the Pahrump Regional Planning Commission. Please stand and join us in the Pledge of Allegiance. All right, with that, we will open our first public comment. No action will be taken on matters raised under public comment until the matter itself has been included on the agenda as an action item. There is a three minute time limit per person and speakers are requested to limit comments to items not on the agenda. Public comment must be limited to matters that are within the jurisdiction and control of the Regional Planning Commission. Mr. O'Brien.

John O'Brien, O apostrophe capital B-R-I-E-N. I stand before this board after being removed. I took my responsibilities very highly. I always spoke the truth and considered each applicant as if they stood in my shoes. I won't go into the details of who didn't vote me in because I was told that I was going to be retained, but be that as it may, not every applicant that spoke before us told us the whole story. That's your job to sort out the snake oil salesman from the used car salesman from the legitimate requests that come before you. Not all decisions you make are going to be cut and dry. Sometimes you need to have vision to see what your decision is going to do and imagine the outcomes and the impact of the project before you make your vote. So after serving on the Complete Regional Planning Commission, I give you some schooling, which I was never given when I went up to this board. You represent the people, the constituents. The applicant is gonna present you with a series of backup to help you make your decision. The scope of that backup is only limited to the impacts and the immediate neighbors. They don't see the whole picture, the whole master plan. They're only limited to contact so many people around them. So you need to go ahead and look at the scope of the backup and go ahead and determine the impacts of the immediate neighbors as well as all of PRMP. You need to question or complete the series of assessments that are made on each and every decision. You need to know the laws that govern this planning board. That book that you received is a Bible. It has laws in it. Learn it front to back. Not all applicants that come into this chambers have the best interests of Pahrump, Nevada in mind. A four-inch manual needs to be digested front to rear. You can never reverse a bad decision. You need to visit the site of each one of the applicants, the people that built this the project that come before you, you need to take the time to read and question each proposal and how they apply to the laws. The decision made today is going to be held forever. The decision made today can set a precedent, a precedent that cannot be reversed legally because you made that decision. You must also understand politics. There are a lot of actions going behind the scenes, decisions presented that are not always black and white. Be careful not to put that black puzzle piece in the spot even though it's gonna fit. Those who represent large developers are paid to sell you a pitch. Again, your job is to question the benefits versus the impacts. You're just one voice, but together you make a panel, a commission, and your job is very important to the future of Prump, Nevada. The next issue is equally distributing the laws that go before you. Giving concessions to one and not other constitutes favoritism. Be careful on your decisions.

Hi, Susie Hertz, HERTZ. My comment is a global one. As I've read over one agenda listing after another, one meeting after another. I've attended one after another. The one thing that seems to be globally missing in what decisions are made here is a look at the global good for this community. And so I'm echoing some of what John just said, and that is that your responsibility is to look at the bigger picture. And I think that agenda after agenda with building developers, 100, 200, 500, 5,000 housing units to be pledged to go into this community are absolutely unrealistic. And if you step back and you look at what this community is about and what people are doing living here in the first place, maybe you can get a better perspective. I would request that the overall look at how you evaluate things for this planning commission and how you change ordinances And change zoning looks first at what's good for this community. Because from my perspective, it doesn't look like that. And I represent quite a few unspoken voices, I am sure. So that is my request. Thank you.

Thank you, Ms. Hertz.

Hello? Hi. Good evening, committee. My name is Ryan Frausel, F-R-A-U-S-E-L.

So Mr. Frausel, I want to ask you a quick question, since I see that you've got some photos. Is this in relation to anything that is already on our agenda for tonight?

No. OK.

Please proceed. Is that OK? Yes. That's all you're allowed to talk about at this point, is something that is not on our posted agenda.

Okay. Did you get my name? F-R-A-U-S-E-L? I live near the historic Sanders Winery property at 3780 East Kellogg Road. I'm here tonight to first thank our hardworking code enforcement team and to share a critical update regarding the unpermitted commercial activity on this parcel. Code enforcement has formally issued a cease and desist order to the operators of Chateau Magique, confirming they are operating an illegal, unpermitted carnival and arcade inside a rural homestead zone. When this property was discussed, the neighbors were told the owner simply wanted to add a small kid's corner. Instead, they bypassed the county's rules entirely. First, they blinded our neighborhood with extreme unshielded stadium lights, trespassing that violated our dark sky laws. Next came 8 to 10 massive commercial grade jump houses, rock climbing walls, an arcade, and a coffee bar, turning our homestead landscape into a carnival. This was done with absolutely zero site development plans and without applying for a conditional use permit for this high impact use. We must hold the line and require the property to stay within the limits of its original winery cup. The agricultural permit is meant for viticulture and quiet hospitality, not uninspected loud commercial amusement parks. By bypassing the cup process isn't just a technicality, it directly threatens the safety of Grump's children, devalues surrounding homestead properties, and disregards the rural lifestyle that we were promised. The operator's actions here have unfortunately shown a clear proof of character. They chose to build first and ask for forgiveness later, ignoring rules that every other honest business owner in Nye County must follow. Talking with code enforcement has shown us that speaking up is not about taking opportunities away from our youth. about protecting them our children deserve safe legally compliant and properly inspected spaces to play and our rural neighborhoods deserve to have their zoning laws respected lastly we're concerned about the daily impacts on our neighborhood the heavy noise from constant generators commercial blowers for jump houses bright stadium lights and diesel exhaust Having a carnival next door drops our property values and discourages future homebuyers.

Sir, that's your three minutes. Thank you very much. Anybody on the phone?

Yes, the caller has been unmuted. Please speak and spell your name for the record.

Go ahead.

Gregory McMahon.

Can you spell your last name for the record, please, Mr. McNair?

Yes, M-C-M-A-H-O-N. I wanted to echo both of the first two public comments, every word of it. I want to make sure that we as property owners and the public of Pahrump are made known of the big picture, the big puzzle. It seems... that little pieces of this puzzle that's not known to us, property owners, residents of Pahrump, are dripped out little pieces at a time, over time, without us knowing what they all pertain to, when in fact, the big picture is known by the county, the planning department, I have other comments, but I'll wait until those items are brought up.

CHRISTIE WOODARD- Thank you.

Nobody else online, right? Yes?

Yes, Chair. CHRISTIE WOODARD- Let's take another person from the audience, and then we'll go to the next caller.

Good evening. Patricia Robb, ROBB. I just want to address some concerns that were mentioned at the last meeting in regards to item number 16 on that agenda, where we were talking about the utility challenge lots and the overlay draft. There was some concern mentioned from the staff about road maintenance. The overlay creates additional obligations, including maintenance of public roadways was the concern. However, the proposed overlay does not request Nye County to assume responsibility for constructing or maintaining roads. That would be an owner responsibility. No county maintenance obligation is created. Access must remain passable for emergency vehicles as understood. This is where those owners would accept those responsibilities through a recorded acknowledgment. Many counties throughout Nevada and western U.S. already permit residents with dirt roads to do this. Valley Electric said that they do not have to provide electricity. Agreed, we're not asking for that. These are totally alternative utilities that exist today, and we're looking forward to sharing some of that with you. Sewer must be available. It was cited that the plumbing code requires sewer That's correct under current zoning the overlay proposes alternative wastewater systems approved under Nevada regulations Which already allows engineered on-site wastewater treatment systems our proposal does not eliminate sanitation requirements as far as road surface They referenced asphalt or approved surfaces. That keyword, or approved surfaces, does not say asphalt only. Many rural Nevada homes are accessed by gravel roads, BLM roads, Forest Service roads, county dirt roads. The issue is emergency access, not pavement. The overlay can require access adequate for emergency vehicles without requiring expensive urban roadway improvements, where such improvements are impractical. Bottom line, this doesn't cost the county anything. It allows the owners their right to use their own land that they pay taxes for.

Thank you.

Thank you, Ms. Robb. Let's do the caller, and then we'll proceed.

The caller has been unmuted. Please speak and spell your name for the record.

My name is Carol Milkey, M-I-L-K-I. I'm following up on the June 10th meeting agenda item number 16 regarding the proposed overlay ordinance draft comments and concerns. The concern was fire and water for fire. The concern that the firefighters need hydrants. Many rural communities throughout Nevada, Arizona, California, Utah, Idaho, and Colorado operate safely without municipal fire hydrants. In Nevada specifically, when no hydrant is available for fire suppression, alternative water sources are utilized. These can include water tanks, natural bodies of water, water tenders, of which Pahrump has three of these vehicles, each carrying 3,500 gallons, and private wells. The fire department also has established mutual aid agreements with neighboring fire departments. They also hold training exercises involving water supply challenges to prepare for real situations. These practices are already standard for rural wildfire response. The overlay does not eliminate fire protection as it is a must for safety purposes. It should require applicants to submit a fire protection plan approved by the fire department. Possible requirements could possibly include minimum water storage, defensible space, Class A roofing, fire-resistant siding, emergency turnaround, and reflective address markers, to name a few. Water hauling. It was said that water hauling must follow laws. Yes, of course, we agree with legal water hauling, some of which would include approved storage tanks, sanitary maintenance and inspections. Individual overlay applications. Yes, that is a normal zoning practice where the owner would apply individually. Where will they get water without water rights? We will obtain water through potable sources obtained legally. There are several ways to obtain water outside of groundwater. Thousands of Nevada residents legally obtain water through hauled water, community water systems, commercial delivery, cistern storage, and approved atmospheric water generation where it is available. Our proposal conserves groundwater. It is in our best interest to not only care for ourselves, but to care for others and the environment as well. Someone paid $70,000 while another paid $7,000. Zoning decisions are not based on who paid what. The owner at the time made the decision to pay a specified amount on his or her own terms. Planning decisions are based upon health, safety, welfare, and land use compatibility. Property values fluctuate with time, and the amenities of each property is different along with economic variances. Thank you so much for the opportunity to speak and to move this initiative forward.

Thank you.

Good evening, commissioners. Lorraine, G-I-L-B-E-R-T. Welcome to some of the new ones. And in follow-up to last meeting, I know some of you were not here. We have heard all over town objections such as, oh, this will open a can of worms. Well, that response really is not appropriate because every new land use policy requires careful implementation. The purpose of the overlay is to create a controlled enforceable framework where None currently exist. A structured program is less risky than continuing the status quo, where thousands of vacant parcels remain unusable and susceptible to illegal dumping, squatting, and neglect. The other thing that we've heard is, we don't want to see containers in RVs and junk. Well, those things are already code enforcement issues. and that system exists. An overlay does not eliminate nuisance laws, will not eliminate junk ordinances, building inspections, zoning enforcement, or health regulations. In fact, if you were to go, your ordinance already prohibits long-term RV living. Existing violations should continue to be enforced, absolutely. Those violations are not caused by the proposed overlay and should not be used as a basis for denying compliant property owners a lawful pathway to using their land. So as you go forward with your thinking, we really hope you'll support this and make a difference. Thank you.

Before we hear any more public comment, I have a question. Is there anyone else here who's wanting to speak on the overlay? Because understand, this is public comment where we are not going to take any action on this item. This is not something we can take action on during any of our public comment unless it's, and this seems more like it would be something for an agenda, not something for general public comment at the Pahrump Regional Planning Commission. You cannot sway us. Unfortunately, to look at this issue, you can't have multiple public comment discussions at our meetings without giving us an option to be able to take action or not. It's not a helpful discussion, unfortunately. So you're welcome to speak. However, understand, nothing at this point is going to drive any action. That's not what we do. And as it was stated when I opened it. Yes, Chair.

The point is the overlay and stuff is being worked on. Any discussion here is meaningless until that is done. When that's done, it will be an agenda item. That's the time to come down here and swamp us with verbiage. Until then, like you said, there's nothing we can do. We don't even know what it looks like until they're done. No.

Chair? I have an opinion, and I think that we should allow every citizen the time that they want to take to present to us what they think should be done in this town. We shouldn't limit them, we should allow them to have their time to speak, even though it's not an agenda item, there might be something that comes up that sparks

I appreciate your thought we do have some processes that we follow in regards to how we operate a Planning Commission meeting and I'm going to give you a for instance some time ago we had a meeting it was an agenda item we had a number a large number of folks who all wanted to speak about chickens and We did not have to allow, since everyone had the same comment, we did not have to allow, although I did, all hundred so people to get up and use their three minutes to talk about why we should why we were taking something away when we were actually trying to grant them something. So I appreciate your comment. We always do our best to allow them to have their say. However, this forum at this particular junction, if this is on something that is going to be on one of our future agendas where we do need more information then, and we will have something in front of us to see this, it's not necessarily the best use of their time. We're not going to retain the information It's not trying to take their right to speak away from them. It's having them put it in a form where it actually belongs.

Madam Chair, if I may. Unfortunately, the Open Meeting Law, as it's set up, it requires the public to be able to address issues at this point in time on matters that do fall within the jurisdiction of this commission. And it's not appropriate to cut them off because you've got people saying the same things. Again, this is what the open meeting law requires. I don't recommend that you stop the people from talking about items that fall within the jurisdiction even if they're talking about the same issue.

Sure. Okay. If everybody, if you listen to what she had said, she's not making them stop talking. She's just informing them that talking at this time is a waste of time because we have nothing to look at. Once we have the paperwork, whatever they drill up, that's the proper time to talk about it.

And there's nothing inappropriate about that. But I just wanted to make sure that everybody understands that they actually do have the right to speak.

CHRISTIE WOODARD- Oh, absolutely. I'm not saying that. I just want them to be very well aware we are taking no action whatsoever on any of these items tonight. Until we hit the actual agenda, there will be no action taken. So to encourage us to take action is not appropriate, because it's not going to happen. It's not allowed under this section. Next speaker, please.

My name is Jeannie King, K-I-N-G. I hope you don't think this is a waste of time. But what I want to do is welcome the new faces to the board. And what I want to do also is please set that example. Listen to we, the people, not the builders, not others, but listen to us. I'm sad John's not up there because he always listened to us. So just know that when you make decisions, make decisions on what we are asking you. Thank you.

Thank you, Ms. King.

My name is Dr. Kapua Nani Johnson. I'm an educator and a retired military officer. I'm also one of Pahrump's vacant landowners. Our land attracts illegal dumping, abandoned vehicles, squatting, and brush fires because it is not occupied. We, Pahrump vacant landowners, however, are not allowed to live on our own land, our own property, even though some of us have paid for four decades Taxes on our property those taxes are used for roads for everybody else houses for everybody else Casinos all this development that is now here was not here when I bought my land 40 years ago But yet I have paid 40 years of taxes. Is this right? Is it just no, it's not I'm angry I just drove two hours from Henderson to be here. And yes, I want to speak because I'm angry and you are doing us an unjustness here we are at this meeting begging to use our land and willing to supply our own utilities pay for our own utilities and maintain our roads but many of us are tired of paying taxes for land we cannot use and for utilities that are denied to us and have been denied to us for four decades perhaps it's time for us to pull that money, that tax money, and instead use it for a class action suit to fight for our rights as taxpayers in this county. Thank you. Thank you.

Good evening. members and citizens and commissioners.

State your name and spell your name for the record, please.

Cindy Lake, L-A-K-E.

Thank you.

Thank you. Without property rights, we have no rights. We own ourselves. We are our own property. Without property rights, we have no rights. Without property rights, we have no rights. It's very uppity to think that you can shut people down because it's not on the agenda. But you know what? People have been paying for 40 years for their property that they're not allowed to use. So really take that seriously, because without property rights, you have no rights, and we have no rights, and they have no rights, and we all have no rights. We are our own property. I really appreciate your taking this seriously and putting it on the agenda, but to disparage people for standing up here and begging you to take this seriously, they're paying property taxes for 40 years. Come on now. Seriously? That's their property. Without property rights, we have no rights. Thank you. Thank you.

Linda Clark, CLARK. I'm really appalled that someone would tell us that we can't speak in a time that is on the agenda that says we have time.

Ms. Clark, I'm sorry. I did not say you could not speak. What I said was we will not be taking action on these items, and I just wanted to make that clear, as several speakers have urged us to take action on something tonight, which we are unable to do. Please continue.

My minute back. Okay. The problem we've had in this town, and it's not only with this board, it's with the BOCC. They put these items on the agenda, And then they move them all around during the meeting, and then they put them at the end where half the people here or more leave because they can't stay and talk. And then when they do get a chance, either at the end if they're still here, or they get to talk at the beginning, you're going to tell them that we're not going to talk about that because it's not appropriate this time because we're not going to take any mention of any type of action on it. Well, we obviously knew that because you told us that. So we're not as dumb as what we're treated. So the other thing I want to say is this happens a lot. And the people in this town have been pushed around and told this and told that, but we never get listened to. And it would be time for all of us to start listening to what your constituents want. And we just had an election, lost a couple people. We still have a few more to lose. You're in an assigned position, so... We'll have to wait till your time comes. But anyway, it would be nice if you just appreciated that the people of this town do have something to say and they want to say it when they're given the time to say it. Whether it's on the agenda or not, it doesn't really matter. Thank you.

Good evening. Tim Bohannon, B-O-H-A-N-N-O-N. As a former from regional planning commissioner, one thing I would ask you to do is make sure that you pay attention to the master plan, the NRSs, history, and where we've been. A good example is Metabase and the data centers. So from Metabase standpoint, there was a little bit of a blip there as far as an auditor. I would look at, there was the separation of duty building the plan and building to the program between the Regional Planning Department, the Regional Planning Commission and the BOCC. Last month we got it right from a data center perspective by saying no to allow that to be evaluated by the BOCC and allow the people to speak. I wasn't going to get up tonight until I heard about the concerns about people being able to say their piece in general public comment. Knowing that there is no action on this part, most of the folks out here do know that, and they're BOC veterans, and they're very good at it. And they spend a lot of time and resources getting to know the issues, understanding the problems, knowing what the NRSs are, and doing their homework. They do as much homework as Commission does. I've seen it. Having people be able to speak at GPC, either one or two, is very important because it gives them a chance to express what they're seeing. Is that a potential issue of something needs to be dealt with tonight? No, but it's the future for tomorrow. It gets you in tune for what's going on in the people's pulse. What's happening? Pay attention to the next door. Oh, okay, that's the issue of the day. Got it. I see it now. Pay attention to the people. Now, for the audience and for all of us, there are developers here that have been in Pahrump for decades. Scores. They're part of the people, too. But listen to us all. Thank you.

Thank you, Mr. Bohannon.

Anthony Greco, GRECO. When you say you're not going to allow something, remember there is a constitution. And I don't agree with Brian Coonsey very often, probably never, but tonight he turned around and said that you have to listen to us. If we come up here, have 400 people and read three minutes of the Bible, you have to listen to it no matter what. You have to listen to us, whether you like it or not. If you don't want to listen to us, step down.

Thank you, Mr. Greco.

My name is Dwight Lilly, L-I-L-L-Y, and I thank you guys for serving some new faces up there. I know some of you up there. I wanted to reiterate what Anthony just said. I went through this with a county commission trying to stop me from talking. And you need to read up on the open meeting law before you get a violation filed against you. Like I say, if I want to recite a chapter from a book, you have no right to stop me. That's what the law says. But I'm not going to do that. I'm only going to bring up a couple of points. Zombie laws you hear that comments probably a lot in here. Maybe you're getting tired of it I'm shocked if there hasn't been a lawsuit against my County for the treatment a take under the taking clause of the United States Constitution what's happened to these people a County allows a developer to subdivide the property strips the water rights off of it and Then comes up with zoning regulations that prevents the property owner from using a property I bet there would be a high court that like to hear that kid and But one of the last points I want to make is the master plan. Master plan gets mentioned quite a few times, and I've been around when that's been being worked on. I don't understand, and maybe you guys can, as your tenure up there, can develop some wisdom about this, why we would have a master plan that is continually reworked in favor of changes when somebody has already purchased property, believing that the master plan protected their use, and to have the planning board come in and change the master plan to denigrate the use that they thought they had. So I hope in the future that as you address issues of development, that you hold sacred the rights of people, that they have a senior right of the property use when somebody wants to come in and change the use on a property next door. Thank you.

Thank you, Mr. Lilley.

Mary Ann Hollis, H-O-L-L-I-S. I have said many times at many, probably mostly the Commissioner's meeting, that I believe in a teachable moment. And I heard things tonight that taught me a few things. And probably newer faces here have also heard some things that they were not aware of. So it's a two-way learning process. So to put limitations on speakers is denying the fair game of exchange of information. And as far as the master plan, I've often called it about as useful as a moth-eaten sweater because the county has a toolbox of zone change, revisions, extensions, you name it, that makes the wording and the restrictions in that master plan useless. Because you can change it, just like that. And you're going to do it tonight, too. You're going to do it again. So the master plan, in my opinion, I've said it, is...

a work in progress for every day because every day there's an exception to it thank you thank you miss haas hello my name is paul dela cruz d-e-l-a-c-r-u-z and i'm not going to judge any of you because you're all some of you are new and i really don't know you that well but what you did I will remember, and if it happens again, I do not play games the way these people do. It will go straight to the state. I don't play games. I'm here to watch them do the dedication of the right-of-ways because of Artesia. They said they were going to give it back to our HOA. They don't own that HOA. That property would go to me in front of my house. So just be careful. I'm here to watch you. I want to hear you guys deliberate. I want to hear you talk. If I see a rubber stamper, I'll remember it. And I don't forget things. And I don't play the way people play. I'll just go to the state. It doesn't matter. But do the right thing. Thank you.

Thank you, Mr. Delacruz.

Good evening, everybody, including all of you back there. Bruce Johnson, J-O-H-N-S-O-N. And I would actually, I'd like to reiterate a lot of the comments that are going on here. You guys actually do have a fiduciary responsibility to protect the residents of Nye County and to protect their well-being, to protect their property, to protect their privacy. Now, if there's any uncertainty about that, I just encourage everybody to go back and read the recent Supreme Court cases for the last couple of weeks. A lot of these things are actually being discussed. And there's a lot of changes that are going around in the country. And Nye County has to be one of those, where all the people that are you, the public servants, have to understand that these people back here, they own the authority over everything. They own the jurisdiction. You do not get to do what you do without their authority, because they own the authority. And I would be more than happy to sit and have conversation and bring any reference piece to any of you that if you want to learn about this, if you feel that you're ignorant in this, we have constitutional rights. Those constitutional rights are protected. And a lot of people do not understand how the actual law works. And what we are going through right now has been a... scenario of administrative law and that goes for the code enforcement people here as well of which i have all of you served all of you notice back in december and put you all on record and i believe mr coons you can verify this i did it in in the county commissioner meeting that you all have to follow your oath and that means strictly follow your oath There's no wavering. There's no pet projects. You have to answer to the people and serve the people to benefit the people because the main object of government is to benefit the people. And you can check me on that with the maximum of law. So I want us all to have a friendly relationship and an open relationship and be able to have open discussion and open communication lines with anybody that needs to in order to resolve a matter. I still have matters within the planning department here and code enforcement that nobody has ever reached out to me to come to resolution on that. And that's all right. I'm all right with that.

We'll move on but it is in my record and my record is a quarter record just to let you all know Have a wonderful evening god bless I Don't see anyone else at the podium and you have no one else on All right with that I will close our first public comment and move on to item three for possible action Annual election of officers. Nomination and election of officers for the current fiscal year July 1st, 2026 to June 30th, 2027. The election of an officer shall be by affirmative vote of not less than four members of the Planning Commission. With that, first is we need to nominate and elect a chair.

I would like to nominate Commissioner Tyler for chair.

We have a motion, do we have a second?

I would like to nominate Commissioner Ewing for chair.

Do I have a second? I would second that.

Ewing. I would second Beth's comment.

No, there was no second for Faith. So Faith dies. We have a motion and a second for Commissioner Ewing as chair. I'll call for the vote. Since you made the motion. Aye.

Aye. Aye. Aye.

Aye.

Motion carries. Commissioner Ewing, you get to do the rest of the meeting.

Can I say something? I come all the way from Henderson. And my way around here, what it is is I got a piece of land, a half an acre off of Muscalero. And that 1,000 gallon tank is supposed to be built behind it. And according to the thing here, it's running across my piece of land, a buffer zone. So I'm wondering what, because I missed a meeting.

KEN HOWARD JR.: Sir, can you please abstain? We'll have public comment later. Public comment's already closed. Thank you. Yeah, we'll have another public comment later. OK, now we're going to open nomination for vice chair. So I have a motion.

I'd like to nominate Faith.

I'll second that. I have a second. Do I call for the vote at the end to the right? Still getting no names.

My name's Boris Savage, just so you know.

Boris Savage.

All right, thank you. I do not agree. Did I say nay? I said nay.

I'll say aye.

CHRISTIE WOODARD- Aye.

TODD BANDUCCI- Aye.

CHRISTIE WOODARD- Abstain. TODD BANDUCCI- Motion carries. OK, nomination for election of Secretary and Clerk. I have a motion.

CHRISTIE WOODARD- I'll nominate Danielle Cruz.

TODD BANDUCCI- I have a second. Call for the vote.

Abstain. Aye.

Aye.

Aye. Aye. Aye.

Motion carries. All right, call for number four, possible action and approval of minutes. RPC meeting June 10th, 2026. Well, I can open the public comment on the meeting minutes for June 10th, 2026.

I have no callers on the phone, Chair.

We have no comments. Calling for the vote. Give me a moment. I'm just kind of unprepared for this.

Marianne Hollis, H-O-L-L-I-S. Excuse me. I'm just curious about the rules of order. If you're going to vote on the minutes, wouldn't you have had to have been at that meeting? to approve the minutes, which means you can't approve the minutes.

Mr. Cousy, is that correct?

I'm not aware of any prohibition on whether or not they can approve the minutes. They are posted. And it's... Again, there's nothing that says that they can't. And there's things that may go on in meetings. They can still review them. And there's transcripts of them. So I don't think it's a, it's not a disqualifier.

I also checked on that when I came on this board. I wasn't at the first meeting, but I voted on the meeting minutes. OK, well done. All right, open up for the vote. CLOSED PUBLIC COMMENT. ALL RIGHT. CALL FOR THE VOTE ON THE MEETING MINUTES. I NEED A MOTION.

MOTION TO APPROVE THE PRUMP REGIONAL PLANNING COMMISSION MEETING MINUTES FROM JUNE 10, 2026.

I HAVE A SECOND.

SECOND.

I HAVE A SECOND. CALL FOR THE VOTE.

AYE.

AYE. AYE.

Aye. I'm going to abstain.

Want to abstain? OK. OK. Call for the action item number five, approval of agenda for July 15, 2026, meeting.

Chair, we are going to be pulling item number 10. The applicant no longer needs the extension of time.

OK, we're pulling item number 10. Any other concerns? OK, calling none. The agenda is approved. Correspondence and announcements. What are we doing? Who's going to do that? Is there something to go with this? Oh. Can I just go up there and do it? OK, Mr. O'Brien, would you please come to the front? Correspondence. Mr. O'Brien, this is an award from the Pahrump Regional Planning Commission. Presents to you this award for service of John O'Brien, 2024 to 2026. Thank you. Mr. Bonham. Proper regional planning commission also presents you this award for your service. from 2024 to 2026. Thank you, sir. Ms. Hayden? Deborah Hayden? The property planning commission would like to thank you for your service and this award for you for 2022 through 2026. Moving on to action number seven, commission, committee, director reports. VOCC, ladies and report, please.

Thank you, Chair. The only thing I have today is information. The court case involving the 200 donkeys that the county took possession of because they were being mistreated, and we have so far run up $140,000 worth of feed. We won the court case. So the donkeys will now go to the people who have adopted them, and they owe us $140,000. So it was a good day. It took a while. What, a year and a half? About a year. Yeah, a year and a half. But it's a good thing, thank God.

Thank you. Any other correspondents from Director's Report, please?

Good evening. Planning applications for the month of June. Total applications received was 232, which was 20 more than the previous month. Total applications processed, we had 126, which was 58 less than the previous month. From January 1st to June 30th of 2026, there's been 1,381 planning applications received and 430 code compliance received. Compared to January, to June 30th, 2025, there were 1,354 planning applications received and 315 code compliance complaints received. Code compliance, new complaints for the month of June, we had 88, which was the same as the previous month. We closed 39, which was 13 less than the previous month. Total active complaints through the end of June is 473. Building permits for the month of June, we had 30 single family residents, which was 17 more than the previous month. Multifamily, there was seven, which was six more. Commercial, we have had 10, which was five less than the last month. Total permits issued all categories was 176, which was 29 more than the previous month. Total inspections all categories, 464, which was 31 more than the previous month. Update on previous items heard by the RPC. We had ZCMP 26-6 was a major master plan amendment to change two parcels from RDR to SPD to conform with the proposed zone change for parcels located at 5371 West Nye-Clark Street and 5370 South Eberhard Road. Zc 26 4 was an application for a conforming zone change to change 2 parcels from neighborhood commercial and general commercial to light industrial located at 53 71 West and I Clark street and 53 70 self for hard road. ZCMP 26-7 was an application for a conforming zone change for 19 parcels from specific plan, one parcel from VR-20, one parcel from neighborhood commercial, and one parcel from general commercial to light industrial to conform with a proposed major master plan amendment located at 7171 East Jean, 7371 East Cass. 7621 East Jean, 4500 South Mabes, 7120 East Mance, 7370 East Mance, 4751 Hacker Street, 4620 South Mabes, 4750 South Mabes, 4620 East Mance, 4870 South Mabes, 7471 East Mance, 7661 East Mance, 7871 East Mance, 6485 South Nevada Highway 160, 5370 South Babes, 6525 South Nevada Highway 160, 6561 South Nevada Highway 160, and 6611 South Nevada Highway 160. Zone change 26-2 was an application for a conforming zone change for three parcels from specific plan to light industrial to conform with a proposed major master plan amendment located at 6310 South Nevada Highway 160 6410, and 6200 south of Nevada Highway 160. ZC263 was an application for a conforming zone change to change one parcel from general commercial to light industrial to conform with the proposed major master plan amendment located at 5887 South Nevada Highway 160. And finally, 76, sorry, ZC265 was an application for a conforming zone change to change two parcels from general commercial to light industrial to conform with the proposed major master plan amendment located at 6520 East Carpenter Canyon Road and 6425 South Nevada Highway 160. All of these items were heard at the June 10th, 2026 RPC meeting, and there was no recommendation given to the BOCC. The BOCC will hear the items at the July 21st meeting. And that's all I have for you.

Thank you. That's a lot. Appreciate it. Moving on to action item number eight. A, possible action AB26-2, public hearing, discussion, and deliberation on application requesting abandoned and vacant public utility easements dedicated and recorded in official records under parcel map F561386 and F561387 located at 61 East Mountain Falls Boulevard, Pahrump, Nevada, 6200 East Mountain Falls Boulevard, Pahrump, Nevada, and 5372 South Highway, Nevada 160, Perempt, Nevada. Accessor's parcel number 045011-22-045-01109-045-01118. This item is a final action by the Perempt Regional Planning Commission unless appealed to the Board of County Commissioners or otherwise announced.

Next one.

Next one, B, possible action AB26-3, public hearing discussion and deliberation on application requesting abandonment, vacant public utility easement, temporary turning lane, and ingress-egress easement created by F562215 located at 4501 South Homestead Road. 0 East Mountain Falls Parkway, Pahrump, Nevada, and 4250 South James Avenue, Pahrump, Nevada. Accessor's parcel number 045-04105, 045-04106, 045-02125. This item is a final action by the Planning Commission unless appealed to the Board of County Commissioners or otherwise announced. Staff report.

Thank you. The parcels included in both applications AB 26-2 and AB 26-3 are part of Mountain Falls South proposed development and are included in the amended and restated development agreement that was approved by the BOCC in June of 2026. Tentative maps and final maps for proposed subdivisions are reviewed by DWR and DEP local utility company providing water sewer services, public works, planning, Valley Electric, AT&T, and Optimum prior to them being agendized for final action by the BOCC. All external comments received from Knight County Public Works, Valley Electric, AT&T, and Optimum, if there are any special requests, they have been included in the special conditions of approval for AB 26.2 and AB 26.3.

Thank you. I'd like to hear from the applicant. The applicant here.

Hi. Good evening. Brian Myers, MYERS. I'm here representing the applicant. These two applications are basically cleaning up the site for unwanted or unneeded public utility easements. So as the staff report indicates, the first site is northeast of 160 and Mountain Falls Parkway. I don't know if you guys can see my little exhibit. Obviously, this is 160, and then Mountain Falls Parkway from there. And you can see the dashed marks of the public utility easements that we no longer need. So we're just doing a little cleanup. And that is identical to the site that is southeast of Homestead and Whistler. Here's the vacation. site exhibit. It's just north of Planning Area 9 of Mountain Falls. And again, we're just trying to vacate or clean up all of the public utility easements around that property. Staff recommends approval. I'm here to answer any of your guys' questions.

Thank you, sir. Any questions from the board?

I have questions, Chair. Please bear with me. I tend to ask a lot of questions, and I do a lot of research, so it may be

long-winded and i'm sorry first of all why are you changing the easements and what are you going to where are you going to put the new ones because it looks like you're going to wait to the final map to decide that no these easements will be vacated at this stage you guys are the the final final approval and then we'll go ahead and steve correct me if i'm wrong you know we can go ahead and once our final map does record eventually then we'll be able to record these vacations. There's no utilities within these easements, they're no longer needed.

Okay, okay, that makes sense. What changed in the subdivision layout and what specific redesign requires these easements to be vacated? And you just answered that by saying that they're no longer needed, so I'm cool with that. Will the final maps be recorded simultaneously with the abandonment so there is no period where easements are absent?

Vacations usually record after the final map records.

Thank you.

And have you checked into absolutely and made sure every single utility company here in town has been contacted, no matter how remote they may be?

Yeah, and Kiana just stated that, that, you know, she received okays from Valley Electric, you know, all of the other different dry utility companies and wet utility companies in the area. And they didn't have any comment.

So the propane as well has been checked into?

No, because that is not a utility that we do for abandonments because a propane tank is basically next to your house. It's not next to the street or out near anything like that.

Yeah, it's not a public utility. It's a private.

Okay. Just understand I'm brand new.

Oh, no, no, that's fine.

Do the easements affect drainage at all? No.

This is all for subsurface utilities.

Okay. I'm kind of worried about you guys are going to go out there and you're just going to strip the land and everything. And even though it's not part of this planning process, I'm worried about the animals out there. I know it's not part of what you said, Kiana, however, you know, there are animals out there, there's birds, there's rare birds, there's turtles, there's rabbits, there's foxes, there's everything, and I know that you think, you say that it's not important, however, I think it is, and I'm wondering what we can do about that.

It's not, you don't, we don't get comments those departments from the state for a road abandonment. That happens during the tentative and final subdivision map review process. And that is where the applicant has to, they have to draft their map and they submit it to the state agencies to make sure that everything is on the up and up. So for these particular applications, that does not apply.

All right. Thank you.

You're welcome. Any other questions?

I would like to make one quick comment, if you don't mind, Chair. Go ahead. So earlier during public comment, somebody mentioned that some vacations directly affected their lot. However, nothing has been built on these yet because we don't even have the final map, correct?

Correct.

Thank you very much, sir.

Does this get opened up for public?

Chair, do you agree and understand all the conditions?

We agree, yes.

Thank you. Now open up for public comment. Seeing none in the chamber, do we have any online?

Yes, Chair. The caller has been unmuted. Please speak and spell your name for the record.

Yeah, I'm Gregory McMahon, MC, capital M-A-H-O-N. Just for the record, for the agenda items 8A-AB-26-2 and item 8B-AB-26-3, I would urge the Commission uphold their oaths, and I would demand the Planning Commission continue both of these applications. I would also Demand that you require full disclosure of every owner, purchaser, option holder, developer, tenant, financier, affiliate, and beneficial interest connected to the affected land. I would also demand that you require written determination explaining whether either easement abandonment that facilitate the proposed blackjack data center or any related road, construction, water, sewer power, substation, or transmission project. I also demand you require written responses, written responses, not just hearsay that they said they had no comment, from planning, public works, water district, affected utilities, fire officials, and county council before extinguishing any public easement. I'd also demand that you refuse to process fragmented approvals that could allow a prohibited or a moratorium covered project to advance indirectly. And finally, I would demand you place a full data center protection ordinance and review of all unfinished approvals on the next available agenda. Thank you.

Thank you, Colin. Do we have any more callers on the line?

No, Chair.

Thank you. I'd like to call for a motion. I'd like to close public comment. Does the applicant have anything else like that to add? I do not. Thank you. You're welcome. Now I call for the motion.

Before I make the motion, I would like to say that this is a residential subdivision and has nothing to do with the data center. And I'm going to move to approve AB 26-2, based upon the findings as outlined within the staff report and subject to the conditions stipulated in this report. And item 8B, move to approve AB 26-3, also based upon the findings as outlined within the staff report and subject to the conditions stipulated in the report.

CHRIS RODGERS. Thank you. CHRISTIE WOOD. Second. CHRIS RODGERS. I was second. Call for the vote. Ms. Cruz? CHRISTIE WOOD. Aye. CHRISTIE WOOD.

Aye. CHRIS RODGERS.

Aye.

Aye.

Motion carries.

Thank you.

Thank you. Moving on. Moving on to action item number nine, possible action TA-41, bill 2026-12, a bill proposing to amend Nye County Code 17, comprehensive land use planning and zoning by amending chapter 17.04 entitled prompt regional planning district by amending section 17.04.110 titled definitions by adding the definition of accessory dwelling unit, AUD, and amending the definition of dwelling or dwelling unit by removing or dwelling unit. Amending 17.04.245 titled VR-10 Village Residential. 17.04.240 titled VR-20 Village Residential. 17.04.230 titled Southeast Suburban Estates. RH Rural Housing Homestead Residential, 17.04.210, titled RH-9.5, Rural Estates Residential by Adding an Accessory Dwelling Unit and Standards to Permissive Use and Removing Mobile Homes as Temporary Residents with a Temporary Use Permit. Applicant Factory Home Center, the Perrant Regional Planning Commission makes a recommendation on this item to the Board of County Commissioners.

As stated, the applicant has requested to add manufactured homes to code as a accessory dwelling unit where casitas are allowed. To do so, we have to add the uses as outlined in the summary to each zoning district. And we're removing the manufactured home as a temporary use with the TUP because this text amendment would allow them to be a permanent structure with the zoning review building permits as a permanent residence, as an accessory dwelling unit. While in here, we are also removing or dwelling unit from dwelling or dwelling unit because dwelling unit is defined right underneath it. So it's kind of a little redundant. And since we're dealing with the dwelling unit and accessory, we figured we'd fix that one up too. But the applicant is here for any questions as to what has driven this text amendment that they requested.

Hey, I'd like to hear from the applicant, please. Please push the button. State your name, please.

Hi.

Talisha Haskew, H-A-S-K-E-W. Gerald Schulte, S-C-H-U-L-T-E. Thank you. Go ahead.

So we're trying to get this text amendment changed because they have already allowed in the larger counties. It's going to be Assembly Bill 396. So they already allow accessory dwelling units in these areas. Clark County has allowed them for years. They even took away in 2023 the requirement to have an administrative waiver for this. Currently, right now, here in Pahrump, we have a housing issue. We have an affordability issue. And we have so many people that you have a full acre. You have a half acre. You want to have your children. You want to have your grandchildren live with you. Right now, they designate manufactured homes as a second single-family dwelling. So we're trying to get ADUs not only manufactured, but we're trying to get site built. So that means we'll have a fully functioning kitchen. You have to have a restrictive covenant. So it's always going to state that it's going to be the second dwelling. So if you have to get financing, that won't be an issue.

Thank you. Anything else like that?

No, I just want to say we tried this back in 2007 when A lot of majority of either the parents were losing their homes or the kids were losing their homes and they were coming to live with the parents at that time. And everybody wanted to just put a secondary quarters in their backyard. They had room for it. They had the capacity of water. They had the capacity of sewage. And we couldn't get it through at that time. But, you know, it has grown to be a large idea throughout the western United States, especially LA County five years ago. now approves accessory dwellings in the backyards on third-acre parcels. It's just because of the housing shortage. It's a sign of the times. It's something we need to do, and we need to get on the same bandwagon everybody else is doing. Clark County's been allowing us to do it for a while now. So there's no reason that county should disavow it. It'll help a lot of things. I mean, there's a lot of people that... that cannot stay in the primary home, and they end up homeless out there. They have nowhere else to go. There's nothing to rent out there. Well, if a family member puts in a casita, an accessory dwelling, they have that, they can utilize that type of living space for a family member. It's just gonna solve a lot of problems in the long term. Thank you, appreciate it.

I do wanna add, right now, manufactured homes do not qualify as casitas. So that is one of the reasons why we're trying to get this changed.

Thank you. There's always been some prejudice against manufactured homes against a lot of the people that are living in conventionally built homes. The biggest word is substandard. Manufactured homes are no different than the second story of any custom-built home, other than the thickness of the floor joists. The construction standards are all the same. The electrical is actually better. So basically, a manufactured home is very high quality today. Granted, there are some manufacturers that are really cutting back to the old trailer house days just to make them affordable. But for the most part, most of the people in prompt now spend a little money for more quality.

Thank you. Any questions from the board?

Yeah, I do. First of all, ADUs can be a benefit. Just because Clark County or any other county is doing it does not mean that Pahrump has to do it. Is it a benefit for our homeowners here? In some cases, it may be. However, I asked additional questions and I found out that these ADUs can be used as rentals. They can be used as Airbnbs. You have not said anything about is there gonna be additional parking requirements? I mean, you're gonna have 12 cars in a backyard with three separate residences? I can't see that. Can an ADU later be transferred or changed into a primary residence? That's something that's not clarified here either. Has the fire district reviewed this? Have they said how they're gonna get in there and handle the fires if something happens? How is the septic going to be evaluated? Because when you add another facility on your property, I don't think that septic is gonna handle an additional two or four more people. If they're living in the house, there's a certain amount of sewer that you have to have available. Has the Water District looked at this? I haven't seen anything from the Water District. So I am not in favor of this, only because it's only partially done. If you want to, in my opinion, I think that you should go back, look at these questions I've asked and make the changes so that we can make sure that people are safe for fire, we have enough water, that septic doesn't back up all over the place. I have some hard questions that come into play here and I don't know if the residents want an ADU in their backyard or not, I think we need to look at the safety first.

Beth, if you'd ask me every one of them individually, I have an answer for you. Let's just go with the sewer system. The average house out there manufactured home is 1,800 square foot. That's on a 1,250-gallon septic tank. The average site built is 2,800 square foot. That's on the same size septic tank. So if you add another 900 square foot of an ABU on the parcel, you just met the same size and capacity as that stick built. And most manufacturer homes don't exceed 2,000 square foot in this town. And most deck builds do exceed 2,000 square foot, and they are on the same system. Now, two people in one ADU are not going to make a significant difference in what type of leach water is put into the ground. And quite honestly, you know, they're not going to, the average home uses 300 gallons. You add an ADU on it, I bet it's like 100 gallons a day. So that covers the waste system. Is there anything else that you're really concerned about? Public water. Public water is all for it. I mean, it's a lot easier to hook the public water because we have the water capacity. Do we have the well capacity? Yes, we do that too.

It's debatable whether we have enough water. Of course it is.

So I do want to add as well. So right now, anything that we do. And it also says that we have to make sure that we go along with all of the laws and all of the rules and regulations. So we have to get approved zoning. We have to get the fire approval. We have to go through in depth. If we do anything with adding extra water and stuff like that, this is stuff that we already have to do. We have to get approved zoning, have to get approved building permits. So we already have to go through all that process. It doesn't need to be readdressed. because we have to go through all of the proper channels. If you have to upgrade your electric, you have to upgrade your electric. We have temporary use manufactured homes that are out there right now where they have to pay to upgrade their electric. I actually have a gal that's here that's in support of it because her parents do have a temporary use, and they had to upgrade their electric. If the septic system won't suffice, that's going to be a requirement that they're going to have to upgrade. They're not going to let us just to go willy-nilly and do whatever we want. We have to follow all of the rules and regulations or they will deny it.

I understand that. However, you're asking to change an ordinance. without any of the explanations. And I don't see that that's the right way to do it. I think you should address our questions and have answers and provide those to us and include them in the ordinance.

So if you look at the ordinance, it says that all rules and regulations are going to be followed. If you want to have it totally spelled out, that's kind of null and void, really. Because we're only asking to add an ADU where you can do a casita. So if you're already going to be allowed to do a casita that's 1,500 square foot or smaller, we're going to stay with the same compliance requirements in order to do an ADU. We're just trying to get the definition changed so that way we can have a fully functioning kitchen and a manufactured home to be included as an ADU unit. Because right now, we do not qualify for a casita and then underwriters and the laws and rules and regulations None of that applies, but if we get it as an ADU designation, we're not adding anything to that's already there. So any of the areas, you've got the VR-10, VR-20, all the RH zones, all the RE-1, RE-2 zones, those already allow a site-built casita, 1,500 square feet or smaller. We're just trying to add in that new term so we can be included in that. That's all we're trying to do. Okay, thank you.

Thank you. Any other questions or concerns from the board?

I'm not sure that it's a question as much as perhaps a comment. And normally, I like to think that we're a lot less restrictive than Clark County or Washoe. And apparently, in this case, we're not. So I would like to think about that for a moment, that maybe it's in our best interest to change the language.

Thank you, Commissioner. Anyone else?

I have a couple questions for you guys. I did notice that the RH 9.5 section, it expressly requires approved water, wastewater, and utility connections, but the same sentence is not repeated in every affected zone. Is that something that was just missed, or will that still apply to all zones?

It should apply to all zones.

Okay.

It, yeah, if I miss it on, at again, one of the zoning districts, we'll definitely get it in before DA approval and onto the BOCC. Okay, perfect.

And then I also just wanted to clarify, it says one guest residence or one approved ADU, but not both. And that is, seems to span across no matter the size of the lot. Is that correct?

We're not trying to create a situation where you have several homes on there. We're just trying to create us being able to add the same rules. So we don't want to be able to say, OK, well, now you can have a site plus a casita plus an ADU. I don't agree with that. I think that would cause havoc by trying to add three dwellings. We're not trying to do that. We're just trying to add our definition. So it's either going to be a casita, or you can do an ADU. OK.

I think it might be something to add or discuss, maybe like a tiered level, because I don't think an 8,000 square foot lot should be treated the same as like a 9.5.

If people agree with it, then by all means, but we don't want to push our luck. Gotcha, gotcha. Well, and as long as they meet the minimum setback requirements. Right, yeah, yeah. My question, though, why did you guys stick with the 1,500 square feet when you could have with the AB 396? I think they were doing it at 75% of the main dwelling unit that they could go up to on the larger lots.

Again, we don't want to push our luck. We just want to stay in compliance. I really wish you would have put that in there. We wanted to try and stick with what you guys were already allowing. And so if we started pushing our luck too much, we didn't want it to get denied. We just want everything to be fair. We want our manufactured homes to be able to be allowed because it really, really, really is an issue. And so we just want to try and get ourselves in there so that way it's something that is allowable. But if we start trying to stomp on what everybody's already used to, then we can get denied.

I understand that. Yeah. I would just like to see ADUs allowed increase in size if the lot size is bigger, as long as there's just the one. So.

Well, in some cases, the main home might be 900 square foot. Correct. And then a larger ADU.

That's the gray. That's the gray. I love the gray.

Well, the good thing is, if you actually think about it, if you have a really large lot and you have a small main residence, you could flop those. Absolutely. So you do have the right to be able to do something like that. So we want a little bit of leeway, but we didn't want to push anything.

So if somebody has a larger lot and they're allowed their primary residence, this ADU, and let's say they're on a 9.5, would they then be able to seek additional permits to have a third dwelling on there? Or it's just we're capping it? Yep. Okay, interesting.

Hey, any other questions or concerns? Like to open up the public comment. Push the button state your name, please.

Hello, I'm Kasha Smouse, S-M-O-U-S-E, and I am the gal that Talisha was speaking of. I moved here from Oregon a couple years ago because my mom is ill, and I purchased the property here with the understanding that I could have a casita built for my mom and my dad. My dad is also ill. I moved here, and I couldn't find a contractor. if my life depended on it, to build it in a timely fashion that my mom required to build the casita. And the only thing that we could do is put the manufactured home on there, same size that it would be a casita that would be stick-built. So instead of a stick-built, we went with a manufactured home, which requires temporary license permitting every year. We need to do the temporary. temporary licensing to continue having that $200,000 home on my property. And if for some reason one day it would not be approved, I would have to pick up that home and move it to I don't know where. I have no idea. So it's not that I'm asking for a third house on my property or that I want to rent it out someday or have... have some people coming here flying from another state just to visit Pahrump, stay there night. I mean, you could have those laws stated that this is not allowed, just the same as you are saying that we can't have a manufactured home right now. But in order to put that manufactured home, we had to meet all the guidelines and rules and regulations of being able to access it with the fire truck and having the septic system and the water and everything else, just like we would have if we had a casita. The only difference is that we have a stove. That's it, that's the only difference. And so because we have a full kitchen so my mom, so I can go across the one acre and cook for my mom instead of running with food to her, that's the only reason why the manufactured home is not considered a casita. So I just wanted to clarify that so you could have a picture. My mom lives there on the property because I need to care for her and I need to care for my dad. I couldn't do that if I was unable to find Felicia who helped me with this and the folks here at Nye County who helped me also with the temporary permitting. So I don't think it would violate any other rules other than The kitchen, the kitchen is the issue. Thank you. That's all I wanted to say.

Thank you.

My name is twice Lily. I wonder how many of you commissioners have actually visited a manufactured housing sales lot before this item came up here. or have checked out the quality of manufactured housing, because the stigma is out there, and has been out there for decades, that there's something like trailer life or something. Back in the 80s, there was a Mount St. Helens blew up up in Washington State, and it was a company called Green River that made manufactured houses, and one of them was filmed floating down the Cowlitz River. And houses that were stick-built houses were in pieces floating down the river. So the quality of manufactured housing has been for a long time exceeded that of stick-built houses. That's what I call them. Yet there's still that stigma. So I would highly recommend, since Congress just passed the housing bill that encourages manufactured housing and alternative housing to fix the housing problem that you guys get out and check out what manufactured housing is all about. Casitas are all about. Tiny homes are all about. So that you're aware of what you're talking about. Some of you live in Mountain Falls out there and talk about the size of the lots. You can hear the neighbor going to the bathroom next door. And that's not what the situation is here. So I highly recommend you pass this and let these people move us into the 21st century and get away from the stigma of the past. Thank you. Thank you, Mr. Lilly.

Susie Hertz, H-E-R-T-Z. Forgive me for my ignorance, but it just seems to me that I just witnessed two citizens coming to the RPC to change a major ordinance that crosses a whole variety of residential property types. And that just seems a little peculiar to me. This sounds like a major change, a change of an ordinance. To me, a citizen who lives here, who owns property here, I would think this is something that other people in this town might have something to say about if they were aware of it. And I'm afraid that you're going to keep this subject matter sequestered in the RPC and the decision will be made here in the RPC unbeknownst to the other 50,000 people who live here who are going to find people constructing houses you want to call them or casitas or whatever on their properties adjacent to their own properties with no knowledge of how this came to be this is exactly what I was talking about when I came up here during open comments and I'll say it again this organization needs to put these kinds of decisions and conversations in front of the citizens who live here because it will affect all of us. These two people are able to come up here and propose a change to an ordinance that's massive. How dare we? take that into our own small hands and not give that opportunity to the people who live here you're missing the boat you guys i'm not saying that people are going to be against it there's probably a vast volume of people who would be in favor of it but if you don't tell them and they don't know the amount of distrust and destruction that comes to this community as a result of your lack of openness is really poor. It's really bad. And I also hold the staff responsible because they're the ones who get these proposals and they have to deal with them and manipulated them into whatever they do and then send them up to for you to look at and you have very limited time to do that. And so I think you know this is a group effort here that needs to change. this organization, as well as the BOCC, the government organizations and the government staff in this town need to start including us in these conversations. I am not in favor of this ordinance being changed by two people. Thank you.

Time's up. Thank you.

Tim Bohannon, BOHA, and then Owen. I'm going to hit it from a little bit different perspective. One, I do want to address if it turned into a B&B, there are ordinances in place that went in place effectively last year. There are notifications that go out if there's a violation of code. So that seems to be fairly well managed from that standpoint. But addressing my thoughts, when I first looked at this, I said 9.5, really, for only one dwelling? One ADU? And what caught my attention was I've seen other properties have multiple casitas on less. And my concern is, well, 9.5, if I wanted to put my mother and my aunt in separate casitas, because it's like the odd couple. And those generationally will understand what I mean. The ability of having them close and near on the property, if you will, in a setting that they are comfortable in and be able to dwell You know, more than one to me would be something we should consider maybe as much as three. After that, you know, all code compliance responsibilities, et cetera, keeping with that. But, you know, I was surprised that it was only one and it was only 1,500, as Commissioner pointed out earlier. It was a little bit small to me from what I thought. But 1500 for a multi-generational setting is not bad. In fact, it's usually preferred. They like smaller units, not too big, but big enough. 1500 generally sets the mode, but it could be larger. But pay attention to that. I like the fact that we are discussing it tonight. This is an open forum that we are able to get this out. You're getting public comment. You're getting good feedback. And take it from there. Thanks.

Thank you, sir. Next.

Thank you, members of the council here. State your name, please. I'm here to strongly support.

Sir, can you please state your name?

Oh, sorry. Reggie Federal, F as in Frank, E-D-R-O. Thank you, sir. I'm here to support tax amendment TA-41, Bill 2026-12, because I believe it gives our community a practical, lasting housing option. Right now, these small homes are only allowed in cases of medical necessity, and when that needs in, when you don't need it no more for a medical necessity, Everything has to be removed. The connections, electrical connections, septic tank connections. It's like more money for the owner of the home who had his mother there, our mother-in-law. It places an unnecessary burden on the owners or the parents of these individuals. And today's manufactured homes, some of that wasn't mentioned on these manufactured homes. Do you realize that they have to be HUD approved? They're HUD approved. That means The safety of them has to be up to par, durability, fire protection, all that has to be built into them. So HUD has to approve a manufactured home before it goes out the door. And if you ever, we've been to a manufactured home or any buildings, and they're really stringent on their building practices. I know this. And this bill will provide a lawful option that meets the need of our area, especially if adult children or families, they want their family members to move in with them. If it's HUD approved, which they are, I can't see any reason why we should... not pass this or move this forward. Yeah, there's little glitches here and there, but that can be ironed out. And I'd just like to quote Scripture in Hebrews 13, 16. Do not forget to do good and to share with others, for with such sacrifices God is pleased. And I think this is a good thing. I think it's a good thing for Perumph. Thank you for your attention.

Thank you, sir.

Linda Clark, CLARK. I'm not saying we shouldn't do this. I have a lot of concerns, mainly safety. People said that they will comply with all the stuff that needs to get done, but we don't know what all that's going to be yet. So if we're going to make these regulations for these people, we've kind of ignored our little tiny homes and our zombie lot homes. I know it's a little bit more complicated because they don't have anything yet, but they want something. And they're gonna have to comply also. So how do we decide who gets special treatment and zone changes compared to the people that have already asked for it? And I grew up in a tiny trailer with five kids in Lancaster, what I call is trailer trash. I don't think we call it that anymore. They're mobile homes or trailers or whatever. But I know what it's like to live in something like that with a single mom trying to support five kids. My question is safety. We know they said they're going to comply to all that, but we don't know. The second is, is the insurance companies going to approve all this stuff before we go ahead and say, yes, you can do this? Maybe they won't. There's a lot of obstacles that they have to comply with. and is that going to get approved? Because safety of the neighbors that live nearby are gonna want that and they're gonna wanna know that this person next door that's gonna be building all this stuff is gonna be safe and not cause my house to catch on fire. So I think we are putting the cart before the horse And we maybe are doing things a little bit backwards. So I think everybody should be treated the same in this community. And if we're going to do something like this, everybody should have to comply to the same thing and have proof that they've complied and that it's been approved by all the entities that are going to have to look at this project. Thank you.

Thank you.

Hello, everyone. Bruce Johnson, J-O-H-N-S-O-N. I want to see to it that shipping containers are put into all this discussion and figuring out for container homes. I am an experienced container home builder, plus multiple... grow building where I've actually taken multiple containers up to five and made one building for a company to grow fresh greens and microgreens and stuff like that. So I don't hear any of that ever being talked about around here. It is something that I have wanted to bring into this community because I don't see it. And I have had conversation with people where this was attempted some years ago and it was never able to come to fruition. And a container home actually is a lot safer when it comes to buyers and stuff like that than a manufactured home because there's steel. So they don't catch on fire from the outside like a lot of other things do from the outside. So when you incorporate low voltage electricity, lighting and stuff like that into that and composting toilets, It's possible to achieve all the requirements that are need to have a healthy environment and be able to keep it safe. So I'll yield there. I just I wanted to put that in everybody's head because I do want that to be part of everybody's thought of this process that we are trying to get through and trying to remedy the housing situation here. Thank you.

Thank you, Mr. Johnson.

Russ Meads, MEADS. I just wanted to, I read through this while I was sitting back there and wanted to make sure I at least spoke what I read. So I noticed as I read through it, it is already allowed. We're not changing whether it is allowed or not allowed. It's just what is allowed. So I can come in today, apply for a zoning review, to be able to build a casita by definition, and that is okay. Pour a slab, stick build it, stucco it, meet all the setbacks, meet all the requirements, nothing wrong with that. The text amendment change here is just to allow instead of a site-built, stick-built home, that it's a manufactured home. That's the difference in this. We're not changing whether it is or isn't allowed, just that that's the change. So I would say definitely support it. I think financially for most of the people here, I think it's a great idea. And people will make their own choice as to what they would like or not.

Thank you, Mr. Meads. I forgot to ask, is there any online comments?

Yes, sir. The caller has been unmuted. Please speak and spell your name for the record.

Yes, hi, it's Patricia Robb, ROBB. Sorry, I had to leave. I had an upset stomach, but I am home now, and I am actually looking at AB 396 on my computer, which I would like to read to everyone. Nevada Assembly Bill 396, known as the Casita Law, mandates that large counties, Clark and Washoe, and cities with populations over 60,000 including Las Vegas, Henderson, North Las Vegas, Reno, and Sparks, allow accessory dwelling units on residential properties. Now, we're not at 60,000 yet, but we are over 50,000 and growing. Enforced as of July 1, 2026, the legislation prevents local municipalities and homeowners associations from imposing overly restrictive rules. such as banning separate kitchens, requiring excessive parking, or enforcing unreasonable setback limits. It also permits these backyard casitas, granny flats, or garage conversions to include multiple bedrooms and measure up to 1,200 square feet. It doesn't say anything more than that. Now, as listening to everyone else speak here, I agree with a lot of the people. However, whenever an ordinance is changed, It means it requires work. The people that are hired to do their positions with the county actually must do some work. And when this is something that benefits the community and helps to bring money to the community as well, this is something you guys are going to have to work on because obviously allowing Factory Home Center to be able to provide housing for Gen Z generation, or for seniors that are not able to live in a home, or for anyone that needs somewhere to stay with family or whoever else, it's going to open up more hope for the community altogether. Now, as far as the insurance, that was a very good comment there. I do think that maybe we are putting the cart before the horse. And maybe that should be something that we checked into. I'm not sure how you're going to handle this. It's up to you guys. But there is compliance that must be done with any zoning regulations. Just thought I would add this to it. Other than that, I think everyone pretty much said what needed to be said. And look forward to seeing how this comes about. Thank you.

Thank you, Carla. Any more callers?

No, Chair.

Thank you. Any more comments in the building? Public comment?

Mark Aragon, A-R-A-G-O-N. I'm at kind of the beginning level of this area. I have a lot of health issues. I'm being stuck between building stick built or manufactured. I'm trying to get my daughter out of Texas and her family to here. And I'd much rather have that set up for my rest of life than what I see my parents go through. I'm not for assisted livings and stuff. Not that they're a bad thing, but for family to live with family. rather them be that way so I want to see it go through and I find it on some comments and some things different scenarios I'm on eight acres the county took two acres for Eastman left me eight so I don't know how close I have to be to somebody to set their stuff on fire to them set me on fire but we got four acres in between everybody Insurance, they'll sell anybody anything. They'll find a way to word it in. They will make it happen. I don't care what kind of vehicle you got. Custom built, they'll have insurance for it. Custom built homes, we'll insure it. They will find a way to insure it. But I think those are minor details in the bigger picture. I understand the fact of people being concerned with What happens to it after you start the process and then that person sells to another person and then what does that person do with it? Hey man, I'm not gonna be here five years, 10 years, 200 years, 300 years. What can I control over what happens 200 years from now, five years from now, 10 years? What's the difference? I'm concerned about my health, where I'm at, and having my family help take care of me for the rest of my life. And unfortunately, I'm concerned about me and my family, but I'm also concerned with everyone else and theirs. I'm not stopping anyone else from doing what they want to do. I'm just wanting them to see and understand that, yes, I understand special needs and this, that, and the other. I didn't ask to be medically messed up, but I am. And I'm moving forward. I do need assistance. It sucks, but I'm glad it's there. I don't know what else to say. Thank you.

Thank you, sir. Any more callers on the line?

No, sir.

Okay. Applicant? Yes.

Okay, so one of the things that I want to address is the insurance. So if you straight out own...

State your name for the record, please.

Oh, I'm sorry. Okay, Talisha Haskew, H-A-S-K-E-W. So if you own a private piece of property and you own a home on that piece of property and it is not financed, you can choose if you want to insure it or not. That is already a thing. If you are financing, whether it be a manufactured or a site built, you are required to have insurance on it. So people saying that there's an issue because of insurance, that is a null and void argument. even statement so if you choose to not insure your property because you own it outright that's your situation adding a manufactured home or a site-built casino or adu is not going to change that but if you're financing it it's a requirement in order to get the home to close so now the other issue that i want to make sure that i respond to we are in no way shape or form getting special treatment we had to go through the process i had a call to find out how I was supposed to do this. So I called Celeste. I asked her, I said, what steps do I need to take? I paid the fee. I did all the work. We even went on the local television station. I interviewed to let people know this is what we were doing. I put it on Facebook. There is hardly anybody here even wanting to respond. So we're not getting special treatment. We're not trying to hide it. We're not trying to do anything. I want people to come. I want people to see this. I want this to be well known. And so that's my rebuttal.

Thank you. I've also closed public comment. A little late. All right.

Chair, if I could, there's one issue I wanted to address from a legal standpoint. If you look at page 22 of the backup, to me I'm going to use the legal term clunky. The language there was not really positive how to structure this, because I think the way it's written is confusing, where you see the items there in blue where it talks about a one guest residence or approved accessory dwelling. And then you have paragraph one, paragraph two, and another definition of accessory dwelling. My recommendation is since this is a matter that has to go to the Board of County Commissioners, it's just a recommendation from this board that I'd like to work editorially with planning to just kind of address those issues without changing any of the substance of what is written here on 22. just really the structure of it so that it's a little more clear in the final ordinance that we present to the county commissioners that would clean up and make, because the way I read it, it looks like these, like number one, number two, and then these accessory dwelling units are intended to be requirements for these accessory dwelling units, but I don't think it reads that way clearly. And so again, I just would, would just put the caveat that if the board is going to approve this with the condition that I do work out some of the editorial issues with planning in the final draft that goes to the commissioners.

And the commissioners also have to work this at their meeting, too. That's correct, yeah. Work on it. Thank you.

Can I make a motion, please?

I'd like to make a comment first, if that's okay. I have spent probably 20 years of my life in a manufactured home. I also have a unique experience because I've built them, I've transported them, and I've set them. So my stepfather worked as a supervisor in a manufactured home business for 10 years. I helped him build them. I helped him transport them. I helped him put them together. And I've lived in them. They're really well-built homes. And to move that home on the road, it can't be flimsy. It's got to be pretty strong. So they're pretty well-built. And I can attest to that. So that's just my little two cents on this. Thank you.

May I add to Mr. Kunze's comment? I think that if they took accessory dwelling unit and moved that right under one guest residence and then had the one and two underneath that, that would make this a little more clear. So that would, I would like to see that.

Could I make a motion to make a motion to put this off until the next meeting after the DA has been able to look at the text and clean it up? and to address some of the issues that the public brought up. Also, I'd like to find out a way that we can let the rest of the residents know that this is going on to see what their input is as well. As I said, an ADU is a good thing. However, there's some things that need to be looked at.

Do I have a second? Okay, we have no second.

Chair? Sorry. I do also want to address how we get this out to the public. This is a public hearing item that when it goes, when we send it to the Board of County Commissioners, it has to be noticed. So they're going to put it in the newspaper. It's going to be on a meeting to set a public hearing. So there will be two other meetings that the BOCC, as with every other text amendment that the county does, so that the public is aware they have multiple attempts to speak as we have it here. That's why we brought it before you now so that if you have changes, you can remand it back to us. We work with the DA. We can bring it back to another meeting.

Right. This isn't the final draft. Correct. It's got a lot of work to it. I understand that. Do I have any other motions?

No. As this is a recommendation to the BOCC and not our last and final, we're not the last people to look at it. With the changes that DA Kunze and I have proposed to the language, there are also some typos that should be cleaned up. I would like to move this for Move for approval of TA 41, Bill 2026-12, so that it can move forward to the Board of County Commissioners. And you had an if approved. I was looking at Brian's.

The motion would be to recommend.

The motion would be to recommend with those changes as proposed. Stated so moving the accessory dwelling unit definition above one and two so that it's clear what that applies to and then there are some Some typos I can bring to your attention if you're interested.

I'll second that I have a second like to call for the vote brush rich I I

Aye. Aye. Aye. Aye.

Motion carries. Thank you. Moving on to item number 11. Possible action ET26-3, public hearing, discussion, and deliberation on the application of extension of time of CU-24-50, a conditional use permit to allow concrete batch plant on 35.19 acre parcel zone heavy industrial located at 621 South Powerline Road, Perot, Nevada. Accessory parcel number 035-271, Wolf Co LLC property owner applicant, Ross Meade Dublin construction agent. This item is a final action by the Prompt Regional Planning Commission unless appealed to the Board of County Commissioners.

Thank you, Chair. This request is for an extension of time for CU 2450, an already approved conditional use permit for a concrete batch plant on 35.19 acres of heavy industrial zone parcel located at 621 South Powerline Road. CU 2450 was approved by the Regional Planning Commission on December 11th of 2024. The applicant is requesting additional time to complete the required site development and offsite improvement requirements associated with the approved CUP. Approval of this extension of time would allow special condition number eight to be extended July 15th of 2027, requiring the applicant to submit a category one site development plan to the planning department. Special condition number nine would be extended for 18 months to January 15th of 2028, requiring the site development plan to be approved, impact fees paid, permits pulled, and construction to begin. The project will be required to go through a Cat 1 site development process and must be built in accordance with Nye County Code 1704, Article 5 development standards, and Nye County Code 1516010, International and Uniform Building and Construction Codes. The site development plan is reviewed and approved by the Planning Department, Building Department, Public Works Department, and Fire Department. The site development plan process will also identify our water and sewer requirements, The applicant has indicated that they will not be submitting waivers from these standards. Approval of this request would not change the approved use or other conditions of CU 2450, but would allow the applicant additional time to complete the required site development and off-site improvements requirements. The applicant states the plant would operate Monday through Friday, 5 a.m. to 3 p.m., and the facility would employ from 2 to 10 employees. The applicant addresses concerns regarding noise and dust in their justification letter, which is included in the back of this report. An applicant makes mention that there was a previous CUP on the property for this proposed use in 2005 to 2012. However, staff could not locate any permit being granted. Upon review of the application, Staff finds sufficient justification with Knight County Code to recommend approval for the extension of time. I'm available for any questions that you may have.

Okay, applicant.

Russ Meads, MEADS. I think the long and short of this is that we did have a conditional use permit that was approved for this property There's there's been an asphalt plant on this property and an open gravel pit since 1951 the concrete plant was there from It was it was taken down and moved in 2012 To the furthest further south in town So we'd received permission for a condition to use permit. We were headed forward. We got all of our site development stuff through, except for we didn't finish our offsite improvement approval through Public Works. And there was another concrete batch plant that was approved. And so we thought maybe we'd just take a back seat and just let that one run its course. However, when we were building the C-Store at the corner of Homestead and Highway 160, There was a need for concrete to a certain spec to be poured for the island medians on Highway 160 and on Homestead. That is unavailable from any concrete supplier here in Pahrump, so we had to bring that concrete over the mountain. They had to do it at night. They would only send us two trucks, and we paid $450 a yard for that concrete. We have several improvement projects that are coming up on Highway 160, and currently there is nobody supplying this mud to us anywhere. So we said we better get an extension and get this finalized and get a concrete plan here that can actually provide reasonably priced spec material so we can build per room. If you have any questions, I'm here.

I have a question. So why the 18 months?

So when we were talking about just specific time frames one way or the other, everybody just kind of looks at these numbers as blocks of we don't want to do six months and not make it 12 months. So I think one of them is 12 months, one six months. I think that's, we only requested the need for six months. I think we'll be done within about a month and a half.

Okay, well, because I was hoping you could get it done more quickly, especially if you're having to bring concrete over the mountain. I'm amazed they sent you two trucks, to be honest.

And they were very late, and it was very difficult, but we got it.

And it was probably trying to set itself up in that drum.

It was very, very tough to handle.

Why did staff recommend 12 months?

So again, when we were discussing the different terms, so there are different categories within it, so there are different items. Some of those items do become very laborious. So as a standard, we normally, staff would suggest 12 months. We are already through all of those items. The only one we have left is the offsites that we need to get approved. All the rest of it is ready to be approved.

Okay, so then it'll probably be six months, right?

Definitely within six, I would... I don't think we ever do one less than six months. I think we'll be done within a month, month and a half is what we're thinking.

All right. Thank you.

Any other comments, questions? Do you agree to the special conditions and understand them? Yes. Thank you. Open up a public comment.

Hi, Tim Bohannon, B-O-H-A-N-N-O-N. The key aspect for me when I was on commission was the economics. You heard it. We're 50 a yard. Very expensive. It puts us, our community, at disservice. And the benefit of that, the benefit of being here in operational and functional, I know some people have had a little bit of a challenge with the person, but the bottom line is he's been able to deliver in the past. So keep that in mind when you're making the decision. But this keeps us from being at mercy of other prices that are not favorable for the committee. Thank you.

CHRIS RODGERS. Thank you, sir. Any comment on line?

Yes, sir. The caller has been unmuted. Please speak and spell your name for the record.

GREGORY MCMANN. Hi. Gregory McMahon, MC, capital M-A-H-O-N. I always hope for full disclosure. And I'm just curious if this extension, this concrete batch plant that's been conditionally approved for use, whether this has any direct or indirect relationship to Blackjack, Ativan, or the proposed data center or the infrastructure needed to serve it. And I'm glad to see Russ Meads is there. He should be able to answer that. Thank you.

Thank you, caller. Do we have any more callers online?

No, Chair.

Thank you. Any more public comment inside? None? Applicant may approach. Close public comment. Thank you.

Russ Meads, MEADS. Do you want me to answer that question?

Yeah. If you choose so, go ahead.

we had our we had our conditional use permit I think it's been I think it's just over a year ago that we originally did the conditional use permit December 11th of 2024 so almost 18 months ago is when we originally put this in and like I say another one was approved less than a month later so we thought we'd take a backseat they weren't able to solve the problems for us we had no idea or heard nothing about any other development like blackjack fireworks that was in the future.

Thank you. Okay, open it up to questions. Staff? Motions? Do I have a motion?

I make a motion to approve the extension of time for CU24-50. Motion.

Do I have a second? No.

At point of order, I don't think this, we're on CU25-50.

We're on ET26-3.

OK. Corrected, ET26-3.

I have a motion for ET-26-3. Do I have a second?

Second.

I have a second. Call for the vote. Cruz?

Aye. Aye.

Aye.

Aye. Aye. Aye.

Motion carries.

Moving on to action item number 13, possible action. Oh, sorry, excuse me, 12 right in front of me. All right. Possible action, CU-26-18, public hearing discussion and declaration on application for a conditional use permit to allow for the temporary placement and operation of a 20,000 gallon above ground fuel storage container on the general commercial zone partial located at 2630 East Industrial Road, Perot, Nevada. Assessor's parcel number 03541812, grid Grant Alliance West, LLC property owner, that core submit line construction agent applicant. This is a final action item by the Prevent Regional Planning Commission unless otherwise appealed to the Board of County Commissioners or otherwise announced. Do I have an applicant?

Thank you, Chair.

Oh, excuse me. Call for staff. Sorry.

This application is for conditional use permit to allow for the temporary placement and operation of a 20,000 gallon above ground fuel storage container on a general commercial zone parcel. Summit Line Construction requests approval for the temporary placement and operation of a 20,000-gallon above-ground fuel storage container at the Pahrump Material Staging Yard for the duration of active construction activities associated with the Gridlines West project in Nye County, Nevada. Without temporary on-site fuel storage, construction operations would require frequent off-site fueling or repeated fuel delivery trips, resulting in increased traffic safety concerns and operational efficiencies. And as you can see, the applicant is here if you have any questions.

RAY CARTER With Summit Line Construction. First and foremost, I want to thank your time for letting us come here and present. The number one thing that Summit Line Construction, as we're getting ready to build a project throughout your area, The number one thing is safety for most, not only for our crews, but also for those that live in the areas that we are going to be working and constructing our project in. So as we start talking about this, I want everybody to know that is the number one concern within Summit Line is the safety. Number two is environmental constraints. Within our organization, we often talk about this, everything that we are doing in the Nevada area is an environmental project with a little bit of construction. 99% of our meetings that we have address the safety of individuals as well as the animals that we are working in. Um, I know earlier there was a, we were able to show or one of the other applicants on one of the other items was able to show a map. I do have a map of the area that I want to showcase to let you guys know where exactly we want to put the tank. So the area outlined in yellow is the property boundary. If you look at the red line in the middle, kind of the middle of the map, that is where we're proposing to put the fuel tank. Everything that we have with this fuel tank, they come with safety features built in. They have bladder tanks internally. And then we have an external catch area that captures all 20,000 gallons and actually includes more than that because of rain or any other environmental things that may come about. So it has to, if there is a leak of some sort, everything has to be contained within that second or actually third check to maintain and keep the fuel in that area. To go along with the map, we also have the spill prevention control countermeasure plans that have been put in place with SWCCA as well as, what was the other? NDEP, that has gone through it and looked at this as well and given their approval and actually was involved in the building of our application. That being said, I think, like I said, this tank is no different than any of the neighbor's tanks. That commercial area, we have gravel pits, we have batch plants, we have other commercial construction companies that are in that area. They are using the exact same type of systems to keep the fuel contained on their properties, and we're just asking for the same option on this property as well.

Thank you. Questions or concerns from the board?

I just want to thank your company for answering my additional questions. I sent over about 15 questions, and you guys were very thorough in answering. I was freaking out because part of that parcel is flooding. And I was thinking, oh my god, we're going to have 20,000 gallons of diesel fuel floating around. You guys did an excellent job at answering all my questions and I just wanna say thank you.

Do I have any other questions or concerns? Okay, thank you. I'd like to open up the public comment.

Bad thing is I wear a hearing aid here and the battery just went dead.

Please state your name, state your name.

But what I wanted to know on.

State your name please. State your name?

Oh.

No.

I'm deaf. But anyways, my inquiry is, they got a buffer zone basically around that tank, and it's going across my piece of property. Now, what does that mean? I mean, are they going to compensate because they're affecting my property? Because I want to sell that piece of land in a couple of years. And I just want to know, they say it's temporary, but just what? I don't know, was he building it or something? I'd like something written out that tells me what, because there's no notice of what the tank is basically for, who's it's going to benefit. But like I say, the buffer zone goes across my land, and I'm on Mescalero. So I just want to know, how is that going to play out as far as me being able to sell the land or what? That's what I've been talking about. David Bartz. My name is David Bartz.

Thank you. Thank you, sir.

I moved up here in Pahrump in 2008. I've been here for 16 years, and I bought the land early, but I couldn't build because of water, so I built someplace else. Now, a year and a half ago, I moved down to Henderson, so I'm down in the valley now. But like I say, I own that piece of property now, and they sent me the letter, and I was just trying to figure out what this is all going to involve. I mean, no big deal, but... You know, they say it's temporary, the tank, but, you know, what's it benefiting? And like I say, because of the buffer line going around there, it's going across my property. So I'm just trying to figure out what that means.

Thank you. Do I have any callers online?

Yes, sir. The caller has been unmuted. Please speak and spell your name for the record.

Hi, Gregory McMahon, MC capital M-A-H-O-N. Just to clarify, on the previous item 11, I was not referring to Blackjack Fireworks. I was referring to Blackjack, the data center.

We're not addressing that right now, sir. Thank you.

No, I know. I know, but Russ Meads was referring to fireworks. That building's built. Of course, I wasn't talking about that. So my only question on this, again, is this... The containment answer was questioned. Nothing said about ballards around there to protect it from trucks or machinery running into it. But does this container have any direct or indirect relationship to the Blackjack data center or Ativan or any proposed data center infrastructure needed to serve it? This is not on the site. I've been told that Summit Line Construction... is going to be building a data center. And so if the gentleman's there from Summerline, maybe he can address that.

Thank you, caller. Any more calls?

I have no other callers on the phone, Chair.

I'd like to close public comment. Oh, we've got another one.

Linda Clark, CLARK. I just have a quick question. First of all, where is industrial lane or road? I'm not familiar with that. Anybody know? I couldn't tell from any maps that they have.

So, Ms. Clark, are you familiar with where my winery sits? I'm sorry, say that again, Ms. Clark. Are you familiar with where my winery sits, right on the 160? Which winery? Artesian? Yes. Artesian. This is not that far from that. Industrial kind of runs a little bit behind all that and power line. So industrial runs up, you know where the, it was. The medical center. Medical center. Manna. Just before you get to the hospital, not the hospital, the quick care.

Okay.

Okay. There's a industrial is there just before you get to loop.

Okay. The reason I'm asking is it's going to be in a residential area basically.

No. Outside of residential. That's all industrial, heavy industrial up there.

It's close to the winery homes?

No.

No, ma'am.

Nope. And there's other facilities up there that have fuel tanks also.

Okay. All right. If you say so. All right. The other question I have is I'm not for anything that Griddens is doing because we all know that it's the bottom line of where they're going to end up at, and we're not happy about that. That's why this community is so upset about all this stuff. It keeps getting dumped in our backyards. So, of course, you'll approve it. You always do. But it's not what the community wants. Thank you.

Thank you.

Anthony Greco, GRECO. So grid alliance the way I understand their power lines. What do we need more power lines for if we're not going to get any solar plants or any medi waste or any data centers? We don't want it. We don't have enough water for it. Don't waste this guy's money to let him build power lines for stuff that we don't want. So don't have them waste money and make an investment. We don't want solar plants. We don't want data centers. We don't want anything that's going to take our water because it will make our community worth nothing.

Thank you, sir. Do we have any more people like to speak on this and on the line?

No, sir.

Like to close public comment. Applicant like to come back up, answer any questions.

Again, Ray Carter with Summit Line Construction. I've got another map here that actually showcases the protection that we are putting around. So we are actually taking those concrete blocks And not only do we have that containment, a big heavy plastic thing that captures everything in the liquid inside, but we also have concrete barriers that we are going to put around everything. So that should alleviate the possibility of having any truck issues, tractor issues, or anything like that running into the tank. As far as the data center, I can tell you that this project actually started in 2000. The environmental impact studies and everything that went with this project has been long before AI was a thing. Long before data centers were a thing. This project has been going and it has taken this long for the approval process to get you guys the power that you need. The actual process that we are doing is upgrading your substations and replacing some of the faulting lines that are coming in. So I can honestly tell you that's what it is. I'm not here to say anything about the data center, but I can tell you that this project has been started long before that was even an option in anybody's mouth.

thank you sir so i do have a question if you can go back to our aerial view that shows industrial and shine because there's a substation there's a valley electric substation right there which is across the street adjacent to basically the lot that you're going to be doing all this work on correct so is that to help support changes to that substation to

Improve that so that it helps support power to all of our homes and yes So the substations that you're gonna see upgrades to is that substation? You also have the one over by the racetrack and then you have a new one that's going just to the north end of the city so you have upgrades to three of your substations and then the Actual like Work being done currently the lines that you have in here 30 this is a 500 line that's going to replace that 230 and then from the town it actually goes all the way up to Beatty and then Kind of up and along the north end that area 51 the Air Force Base up there and then actually comes back and around to Las Vegas so the When they first started it, it was just coming into prompt. But based upon the needs, the community needs, the massive growth that Nevada is experiencing, they've decided to take it and include up into those areas. So all those remote areas within your county are being upgraded to their power grid.

Very good. Thank you. Hey, would you like to call for a motion?

I forget, did you ask if they have read and understand and agree with the if approved conditions?

Didn't I ask that first?

I don't recall, that's why I'm asking.

Yeah, okay. I'll get it.

I just didn't recall, so. Okay, I thought I did, but thank you. Okay, so one second, I gotta scroll through here. I lost my place.

It's OK.

So this is a recommendation. So I'm going to move to recommend approval of CU 2618 based upon the findings as outlined within the staff report and subject to the conditions stipulated in the report.

I have a motion. Do I have a second?

Second.

I have a second. I'd like to call for the vote. Member Cruz? Aye.

Aye.

Aye.

Aye. Aye. Aye.

Thank you. Motion carries. Moving on, item 13 AB, A for possible action, CU 26-19, public hearing, discussion, deliberation. on application for conditional youth permit to allow towing and roadside assistance service on 0.80 acres parcel zone commercial manufacturing located at 1060 East 3rd Street, Pahrump, Nevada. Assessor's parcel number is 03530707, Rand Holding, LLC, property owner, Brandon Ross, elevated towing applicant. This is a final action item by the Pahrump Regional Planning Commission unless otherwise appealed to the Board of County Commissioners or as otherwise announced. B, for possible action WV-26-23, public hearing discussion and deliberation on the application for waiver requesting to waive NCC 17.04.950, site development plan NCC 17-04-730, parking paving, NCC 17.04.740, landscaping, and NCC 17.04.750, lighting on zero, .80 acre parcel zone commercial manufacturing located at 1060 East 3rd Street, Pahrump, Nevada. Access to parcel number 03530707, Round Holding LLC, property owner Brandon Ross, elevated towing applicant. This is a final action by the Pahrump Regional Planning Commission unless otherwise appealed to the Board of County Commissioners or otherwise announced.

Staff. Thank you, Chair. This application is for a conditional use permit to allow the applicant to utilize .80 acres currently zoned commercial manufacturing to operate a towing and roadside assistance business. The proposed use is allowed with an approved conditional use permit. In addition, a waiver application has been submitted requesting sections of Nye County Code to be waived, such as site development plan, paving, landscaping, and lighting. The proposed use of the property will consist of operating a towing company headquarters from the existing structure currently located on site. Business operations will include dispatching tow trucks and providing towing and roadside assistance services throughout the county at reasonable and competitive rates for the community. The business is expected to employ approximately three to five employees. Towing and roadside assistance services will operate 24 hours a day, while normal office hours will be from 8 a.m. to 5 p.m. Upon review of the applications, staff has recommended motions to approve CU2619 and deny waiver application WV2623. Based upon the findings as outlined within the staff report.

Thank you. Another applicant?

Hello. My name is Brandon Ross, R-O-S-S. And I have my partner, Corey.

I'm Corey Johnson, J-O-H-N-S-O-N.

Thank you. What would you like to say?

So we were looking to get the CUP and the waiver approved today. We noticed that the waiver was denied, looking for a CAT 2 project plan or site development We're not doing anything new to the structure It's been used before as three separate businesses before it's got like separate places where offices are allowed to be and stuff like that Currently it's only utilized by Ross being repair right now. So there is some room for us to run a Office out of it. It's just gonna be a logistical hub though. It's never it's not gonna be anything too busy like the repair shop is Our goal is just to to start off with consent towing. So the likelihood of impounded vehicles isn't very high. We don't plan on doing any vehicles with heavy damage on them to have leaking fluids. Currently, the only reason why I would see that we would have an impounded vehicle is if it was for theft of services. In that case, the vehicle wouldn't be heavily damaged. It would just be stored just like any other vehicle if it was there for repair or any other case in that matter. As I stated before, there is no new structures or anything being presented. We're gonna use the existing area and just a small portion of the yard that's there. Once again, this is a logistical hub. The tow trucks are gonna be at the driver's house around town or on the road taking care of the community. I believe there was another concern in here. There was a bullet area that described the driveway for 1060 3rd Street must be constructed within the parcel boundaries and may not be shared with a property located at 650 South Center Street. Technically, there is no entrance that we use at 650 South Center Street. There is a gate over there, but we're not utilizing it. We use the main entrance right off of Third Street, right in front of that church there. That's pretty much gonna be the only way in and out. The way for us to access our storage yard in the back is gonna be for a drive-through bay. It's actually gonna be a check-in point for all the vehicles. Make sure we get pictures of everything, damage, any of that kind of stuff that could potentially be done with the vehicles. in the event that we do impound a vehicle. Like I said, right now we're trying to do consentos only, and in the future, if it's an option, we'd like to start doing police work and impounds and stuff like that, but I think we have interest in relocating eventually just because of the fact that the property that we're at now is just a rental, and we would like to have a larger location that we can actually meet the city needs for doing police work and stuff like that, And if that includes building an area that's paved for vehicles that are heavily damaged and with potential of leaking heavy fluids, that way it would contain it and not get anywhere. We do have a, because obviously as a towing company, the likelihood of a vehicle being impounded could happen at any moment. So say we do get a vehicle that is crashed, we have an example of something that we can use as a temporary vehicle This is called a foam wall berm. This here can be set up and used if a vehicle were to be heavily damaged and leaking fluid. So it's got like a five inch wall on it. It's heavy duty, as you can see there's a heavy duty truck on there right now, so the likelihood of a tow truck driving on it and destroying it and having the fluids leak out isn't very likely. So we can use that as a temporary solution until we have our yard completely set up and everything and have a whole area designated for any kind of vehicles that could potentially leak and cause contaminants to any of the neighborhoods. And then there was one more concern. I guess it was just the cat to the driveway and the contaminants to the possible neighborhood. So we were hoping to get all of it approved and start being able to help the community. There is kind of a short supply of tow trucks in the area. You do have some bigger companies around here like Big Valley Towing and the tow truck company, but they also have a larger overhead. So the pricing for the community would actually be higher compared to a lower company like us with a lower overhead. we could actually give a better rate to the community. Plus you wouldn't be asking all these tow trucks to come from Vegas and driving over the hill to just to tow something two miles down the road and then have to drive all the way back. If we have more options out here for the community then it would decrease wait times and also it could increase traffic flow due to long extended periods of time of vehicles waiting broke down in the middle of the roadway.

Was there anything you'd like to add? Any biggest thing is just having the better response times. I mean, you see roads blocked off for a long time just waiting for a tow truck. So we should be able to cut that time by a lot, you know, just, again, having another local company. You know, again, it's just we've been running an honest and reliable shop for the past two years, and we just continue wanting to help the community out.

Thank you, gentlemen. Any questions or concerns from the board?

I do. Is there any reason why you can't comply? Is there anything preventing you from complying why you need the waiver? I'm sorry if I missed that.

Oh, you're good. So to my understanding, the waiver for is anything new that we're going to end up doing. We don't have any intentions of doing anything new. Like I said, the office is going to be out of an existing location in the building. The lighting is already done there because there's an existing repair shop. There's cameras on scene. There's a privacy fence in the back where we plan on having possible stored vehicles. And then lighting, landscaping, and yeah. Just on that camera. This here was our site plan pretty much showing everything. So it's gonna indicate that the drive-in area is right off of here off of Third Street. And then we're just gonna drive in and we're gonna end right through the drive-through bay. We do have pictures of that too. So the bay is all the way through and it's 12 feet high. 12 feet high, so it would fit a vehicle on a tow truck, on dollies or any of that kind of situation that it would get. As you see, the bay three there goes all the way through and then it goes into the backyard where we can access our stuff. So there is no concerns of us having to use that other gate that's on the other side. We've closed that gate and we're not utilizing it anymore ever since we've been notified about the storage units that are gonna be constructed over there at 650 Center Street.

Any other questions or concerns?

You're talking about making it an impound yard. It doesn't look like you have enough space to do any impound cars. So how are you going to do that in that space?

Correct. Yeah, that's why I said the likelihood of us impounding a vehicle right now is very slim. The only reason would be for theft of service. If the vehicle owner calls us for a service and they fail to pay us for it, then we have the right to impound the vehicle until payment is made. And then at that point, we would hold it for the state required amount after we've already sent a certified letter to the owner, registered owner. And then we would just go ahead and go ahead with the auction or whatever other process we have to do to get rid of the vehicle. I ran another towing company before, actually three of them in Wisconsin. And that was something we always did. We made sure vehicles were in and out of there. We wanted to make sure we had room. We wanted to have a tidy yard. We wanted to have a. a place for people to come and not feel like they're getting ripped off or any of that kind of stuff. And I've had good luck with that and I've had a lot of good people say that yes, this is what we need down here too. It's another company that we can trust on, that we can rely on. And you're concerned about the impounds. Like I said, once we plan on intending doing any more impounding, that's gonna be excessive impounds, not just random impounds once in a great while. We intend on having another yard. He's looking at purchasing property. Because the lease like I said that he has now is for rental and it will expire soon He'd like to have his own location. So we would have a designated area say a hundred feet by a hundred feet paved and everything to the city's Requirements so that we can make sure that we are a step above what everybody else can provide We want to be the top of the line for the community That's that's good to hear Staff I was just wondering

What happens if they end up with, like, three, four impounded cars? I mean, is that going to be okay? Do we have to make a change to anything?

Well, I think you'd have to have a condition that specifies the limit on how many impounded cars they could have. If you don't have that, then we don't really have anything.

Yeah, there's nothing in here that talks about potential impounded cars for, you know, like four or five because that could potentially be an issue. Not saying that you guys would do that on purpose, but you never know.

Yeah, and right now the area that we have designated out right now, we could probably get six to eight cars in there. The likelihood of us having six to eight cars isn't very likely because we're not on rotation. We don't have the 30-day rotations like they do where they're going to be getting three, four, five calls in a day. Right now we're just planning on doing consent tows only. Customer calls us, we move the vehicle from their house, from the roadway to a repair shop, back to their home, whatever the case is going to be. The likelihood of vehicle impounds at this moment is very slim.

Okay. All right. Thank you.

So I do have some questions about the waivers, because you're asking for a waiver of the site development plan, which category two isn't that extensive. But you're asking for a waiver of paving, landscaping, lighting, all the things that would be determined what you would need to do under the site development plan, and yet you want to bring us a quality product. So why are we... Why do you want to waive the things we don't even know for sure what we would ask of you?

No, I get that. Like I said, compared to other tow yards around here, the shop already has significant lighting and all that stuff, so there wouldn't be a need for that. There's already paving in the area that we would be driving on, all that kind of stuff. There's no landscaping provisions that we're looking to do, so it's it's all gonna stay exactly the same, and we're under the impression that if we're not gonna do anything to it, it's gonna remain in the exact state that it is, that we shouldn't need to go through site development. Obviously we're here to listen to you guys and see what you have to say about it too, just so we know 100%, but that was our understanding, which is the reason for the application of waiver.

Well, and that is the reason for staff's, I'm sure, recommendation of denial of the waiver is because without looking at that Category 2 development plan for your proposed use, which is not the same as the current use that you have on that lot, they can't determine if you would need additional lighting or not. they need to be able to look at something and analyze it. So I'm not sure why we want to grant you a denial of something when we're not entirely sure that we don't need it.

Yeah, we totally understand that. My concern is showing up. We want to see what everybody has to say.

How would you secure automobiles that you have put on the property that you've impounded and maybe have to sell later? How are they going to be? Is there fencing? Is there security?

Yes, there's actually a full gate all the way around the property. There's only two entrances, like I said. The one on center and the other one we don't use. We're not going to utilize that because that property is being used for something else. It was never used before. It just appears like it is a used location just because there's a gate there that opens and closes. We intend on using the drive-in bay, like I said, if we impound a vehicle, just so that it's on camera, everything's noted and all that kind of stuff too. Thank you.

Do we have any other questions or concerns?

What's the likelihood of between the lease agreement going up at the current location and then getting your next property, what's the likelihood of using this site as a potential in-between?

We plan on using the site as long as we can. Obviously, his goal is to have his own location. We never want to rent. It's more logistical for a company to own their own property rather than rent from somebody else. That way, whenever we do all the improvements and stuff that the county is gonna require, we can guarantee that we're gonna be doing exactly what we need to do for you guys.

But there's no, you're not like on a timeframe yet, right? With when your lease is gonna expire versus when you need to have your own property.

Well, so our lease expires September of next year. Okay. So, and again, right now we're looking at buying some property. We're going to have to go through zone stuff as well. So again, the biggest thing is the shop has all the access, has the paving, has the lighting. I upgraded all the lighting, even though it's a rental. We have a security system around it. We have gates all the way around. And so basically, you know, I'm not too sure of what's all required on the site development. Again, it's just since we're not really making any changes to the property. Yes, you're going to have a few tow trucks coming in and out. But again, today we had two tows in from local companies. So again, it's not like anything's really changing. It's just our hub where we will bring in vehicles if it's either coming to our shop for repairs or if it's going somewhere else. You know, again, it's just one of those things, but everything's fully fenced in. Everything is under security. But again, it's just everything operates well as the auto shop, and we haven't had any concerns of paving or any of that stuff.

And I did want to add on, if we're able to look at this again. So yeah, the property does have a full gate all the way around it. That's what this, uh, our original site plan here shows. Um, it's a full six foot fence all the way around. And then on the inside here, there's actually a secondary fence. This is all metal. You can't see through it. And the rear fence has privacy fencing with all the plastic and stuff on it too. So the likelihood of seeing a, an abandoned vehicle or anything sitting back there is very slim. Nobody would know about it unless they were there to actually look at the vehicle or pick up the vehicle.

Thank you. Any other questions or concerns?

That berm thing that you guys were talking about, do you currently have those in your possession that you use now?

No, because we're not towing vehicles. Any of the vehicles that come in are just small, minuscule leaks usually. So technically, a regular repair shop wouldn't have anything like that. This is something that we can purchase. We have it in our cart, and we could purchase it right away if it is an alternative that we could use until we can get a better location or whatever we need to do. That's just so we can make sure that we don't get containment to any possible wells. I assume if there was an issue with that, with the three repair shops within a third of a mile, that it would have already been a concern. So I don't foresee that being an issue, but I can understand the issue being brought up as a concern.

Any more questions or concerns from the board? Do you agree to and understand the special conditions outlined in this report?

Yes, we did. We were just questioning the CAT-2 from the property manager. I know there was one department that refused and that County public works denied it. And we were looking to hear from them on why they denied and was looking for a cat too. And what maybe a cat too shows that our original site plan doesn't show that you guys might be looking for.

Public works comment says a minimum category three. We didn't specify a two.

Okay. That was further up in there. My apologies.

And difference between two and three. And a one. One and two for public works is basically the same. It's site plan, grading plan, utility plan, detail sheets, the whole nine yards. Category three is basic conceptual site plan. Difference being code requires code for category three is it was supposed to have already gone through site development. Don't believe this parcel has in the past.

Thank you. Anybody else have any questions or concerns? I'd like to open up the public comment. Do we have any callers online?

Yes, Chair. The caller has been unmuted. Please speak and spell your name for the record.

Yes. Amy Nelson, N-E-L-S-O-N. I don't live far from Three Star Towing. I don't know if they took it upon themselves to put a big six-foot block wall around their property or if it was mandated by code. But knowing where this is going to be located, is there going to be, if they stay there longer or if they start towing cars and they're even temporary, is this going to be a requirement if they live near a lot of families with children so they can't get through with wire cutters or something uh you know to get in there i'm just concerned about safety of the families around there thank you caller do i have any uh public comments

Yes, Dwight Lilley, L-I-L-L-Y. By the volume of questions, I have to ask again, did any of you people go out and check this property out and see what the actual situation was out there? Or is it just that you sit in here and just ask the questions and they have to fumble through their paperwork to come up? Beth, did you go out there and check this property out? Pamela? See, this is what the problem is. You guys are acting on people that are coming here with businesses, trying to do business, and you are the planning board, and I'm pretty amazed that you haven't bothered to even go out and check the situation out on people's... They spend all this time and their money trying to put a business plan together, and you haven't even bothered to go out and check it out. I'd be embarrassed if I was you guys. Thank you.

Any more callers on the line? No, Chair. Call for more public comment.

Russ Meads, MEADS. I just wanted to just kind of clarify a little bit the difference between a CAT 2 and a CAT 3. So Tyler's correct. The reason a CAT 3 can't be suggested in this case is in the code it says that you can only do a CAT 3 if you've already had a site development in the past. However, this is exactly why we have a waiver process. They're not proposing to do anything to the property other than just use it differently. And it would easily be covered by a site plan and a description of what the use is. If it can't meet it, it's denied. That's also why there's a conditional use here. So if there are any things that you guys feel like maybe should be addressed directly, this is where you put it, in the conditions. You approve the conditional use with that particular condition. and grant the waiver so that staff can actually move it forward. They can't make that decision on their own. That's up to you guys. That's why it's here.

Thank you, Mr. Metz.

Not really. Susie Hertz, HERTZ. We just all witnessed a member of the public telling you guys how to do your job. It's exactly what I was talking about. There's something going wrong here where people are not able to do their jobs. Why isn't the staff telling these poor applicants what they need, what the difference between a Cat 2 and a Cat 3 is? They couldn't even explain it here just now that made any sense, and I'm pretty smart. You're failing us. You are failing us, and if you fail to give these guys their stuff, then at least give them an opportunity to bring you whatever it is you need. They're trying to operate a business, and you're not helping them. Shame on you.

Thank you.

So I would like to respond to what Mr. Lilly said, because I am familiar with the property. However, driving by it is not the same as having a site development plan that we can analyze. and really confident in my knowledge of building codes and other things. However, that is not the same as being able to analyze something on paper to see what needs to go there. I'm not against a business going in. I just don't feel that necessarily just by looking at something, I can tell you arbitrarily, yes, this meets our landscaping. Yes, this meets our lighting. I have to personally, for all of my stuff that I do in Las Vegas, I have to have a light meter to see if I meet my lighting. I don't know that any of that has happened, Mr. Lilly, so driving by it, and this is in the center of town, is not sufficient to be able to answer this. We certainly want to be able to help support businesses and help them grow. We want to help them understand what needs to happen. But when I specifically asked them the question of why we need the waiver, they were not clear on why we should grant a waiver without having all the basic information that we're asking for.

Thank you, Commissioner. Public comment?

Sabrina Lutz, L-U-T-Z. I would like to make my comment about these guys. They are one of the first mechanics that don't take advantage of women. Okay, they will help you. They're honest and everything else like that. I live in that neighborhood. I live one street from there. I inherited my mother's property. I've been here almost 50 years. They have it blocked off. Everything else like that. It's secure. We haven't had any break-ins or anything like that over there. They have cameras. There's plenty of lighting. The lighting even lights up the neighbor that is across the street from me and helps protect his place. So please allow us to not have to sit on the side of the road and wait four hours for a tow truck to come change our tire, and then the guy says he doesn't even have a jack or a lug wrench to change your tire on your car, like two-star towing does to you. And then they still want to bill you. That's what happens with the other tow companies. You sit there for four to six hours because there's not enough time for them to come and get you or even tow your vehicle to someplace to get it fixed. Thank you.

Thank you.

Anthony Greco, GRECO. This is a mom and pop business that we need here. Okay, you gotta stop making a small businessman jump through hoops to be allowed to earn some money and help the community. And when we come up here and talk and you guys don't listen, you just have businesses and jobs that you could lose too. I'm a big boycotter. I haven't been in Walmart in 11 years.

Thank you. Any more online?

No callers on the phone chair.

You may approach.

I'm Ed Popola, P as in Papa, A-P-O-L-A. I am the vice commander of search and rescue, and we have had in the years some Vehicles break down for us. We have to have we had to have wait Several hours to get a tow or to get a tire change one of our trucks I we do need another towing company and I think you should okay it so I have to say thank you Thank you, sir.

I have a question for the rest of the board I understand that you guys want a site plan. I'm not understanding what the issue is that you're asking them to provide. So if somebody could explain it. It's in the backup.

I'd like to close public comment. Go ahead, staff.

Well, yeah, I read that, and I went on Google Earth and all that, and I looked at the place, and I'm not sure why they have to provide anything else other than the request to be able to tow vehicles. So what am I missing here?

Well, it seems like not only are they waiving the site development plan, but they're also waiving landscaping and lighting. And as we've seen by some of the comments earlier by other businesses that are coming in and not following the rules, their lighting is going into other people's properties, it's breaking the dark sky ordinances, things like that. So if we apply one rule to one business, it seems only fair that we apply the same rule to all businesses.

Well, that makes perfect sense. But they've been operating for I don't know how long. And why? Because now they want to do towing. All of a sudden we want landscaping and we want to look at lighting and all these other issues when they've been operating for however long they've been there. So I'm not understanding why this waiver is even an issue. I just don't understand it.

I think I can clear that up. Because they're here for a conditional use permit and they're changing the use from just a repair facility to a towing yard, every time you have to come before us to ask permission for something, it gives us an opportunity to look and see what may be In the past, because so many businesses started up before we had any of this process, it gives us a chance to look and see if we are bringing them current and holding them to the current standards that we have, or if we want to just allow them to continue to operate the way they have always operated. And I know that there are a number of businesses that need to, that we expect to upgrade. So, for instance, when even though it was already a commercial building, when we needed to get a conditional use permit to be able to open our winery on the 160, we had to go through and bring some things current that were not there when it was a mental health facility prior to us having it. We had to pay, we had to do some things, to bring it current to match code at that time. And that's the whole point of some of this is to give us an opportunity to look when someone wants to make a change and they have to come before us, does this still meet our standard? So it gives us and our staff an opportunity to try to better serve the community and hold all the businesses to the same basic standards. If we choose to go against what staff's recommendation on the waivers is, we need to find some alternative findings that help us to support that because that is part of what is in our obligation to do for the community and in the roles that we have to follow.

I understand that, but what it sounds like is you're being pretty picky for a place that's got a fence around it and we've got to worry about landscaping and we've got to, Lighting, I don't think they're going to be doing anything else that they need more lighting. And so therefore, I think that that waiver should just go away. I think we should just go ahead and let them do the towing and let us go ahead and move on.

Would the applicant like to come back up and ask any questions?

Corey Johnson, J-O-H-N-S-O-N. I wanted to make a comment towards the... community member on the phone about the two star wall. The reason they did that was because of numerous break-ins. They also live, they have their location in an area where they live right behind a bunch of, I guess I don't know the right way to put that. A bunch of people that aren't actually employed and working and stuff, you know. So they happen to get a little curious and they wanna go do something like that. So two star, out of their pocket, paid for their wall to prevent people from breaking in. Now, he's had a lot of vehicles sitting there for years, and a lot of high-end vehicles, too, because it's a speed and repair shop. It's not just a regular repair shop. And he's never had any break-ins or anything like that. I think the worst thing we've ever had was somebody doing donuts in the parking lot next door that isn't even ours and just flinging rocks. We've never had anybody cut open a fence or anything in, what, two and a half, two years that he's been there? We've never once had an issue. I don't know if it's the area as opposed to where the other company is. But, yeah, we've never had an issue. And the... The requirement for a tow yard is a privacy fence or a brick wall. So you're allowed to have one or the other for a tow yard. And we do have the privacy fence already. So we do meet the requirements for the tow yard, which is why we're assuming we can get past the waiver, which brings up my second comment. The waiver is... So whenever the planning department looks at the waiver and sees that we're looking to have the application or those Nye County codes waived, if we submit the application, why don't they send somebody out like another community member said and said, okay, yeah, you guys could carry on to the planning meeting and stuff like that and see if they'll approve it or just look at it and say, nope, you guys should go through the planning department and do this and do that and all that kind of stuff. just so we're not wasting our time, we're not wasting the community time either. It's one of those things that if we knew ahead of time we could have fixed it and done something right away as opposed to just waiting and waiting and waiting We've been talking about this since March or something when we pulled our business license, and we haven't done anything else yet besides put out money. I mean, so if we would have known, we could have took these steps ahead of time too, but we don't know because all they say is yes, no, carry on. There isn't like a home visit would be nice. If somebody submits an application for something, somebody should just randomly drive by and say, you know what, I'm going to go stop by there real quick and see what it's like. See if their site plan, which is what I thought this was, is going to be sufficient enough for it. See if their site plan actually matches the property and stuff. See all that kind of stuff. So I agree that it would be nice to have somebody be able to just come out. I mean, it could take half an hour. It doesn't take that much time just to say, yes, you got a privacy fence. Yeah, you got plenty of lighting. I mean, it's all kinds of things that could benefit the fact of the waiver. And somebody here could be like, oh, yeah, no, they're good. They got plenty of lights. I don't see why they would need anything else. I mean, if you look at other tow yards, half of them are dark. I mean, the only lights are right there by the building. So it's just like... If we got to do all that and go through that, should all the existing tow companies have to go through all that too? I'm just curious about how that would portray them because if we want to open a business and we got to be at the top of the line, why do all the other tow companies that are hurting the public and not actually helping the community get to just have their yards however they want? And it used to be a tow yard. If you look on the fence, it says Aquarius Towing. I know the planning department said that there's no record of it, but they were there, and you can actually find it on Google, too. They had that as an address for their location in, like, 2014 or something. It was a while ago. So I can understand them not being able to pull a permit. They're seeing that. But there was a tow company there before, along with a trans shop and another repair shop. So there was three business licenses there before.

If given extra time, is there a way that these gentlemen can get with you guys and figure out what exactly is needed? Do they know what exactly is needed?

I'm glad you brought that up, because they actually did have a pre-development meeting with Joseph Earhart, our planner, who put together the staff report in, I believe it was February of this year, and all of those things were spelled out, all of their requirements, what they were gonna have to do. They were provided a copy of that memorandum, letting them know what was involved, and that's about as far as I've got, as far as information goes. But they did have to provide a site plan, everything that they've been required to do has been provided to them.

Thank you.

If given extra time, can you comply with what they were requesting or can you not? And that's, I'm just curious.

I guess we're still a little concerned on what they're requesting because we have a site plan and all that stuff.

She said that she listed, Kiana.

Listed it on the staff report.

I'm not sure. It would be under the pre-development meeting in the application portal. There is a letter that was generated to you, and that spelled out everything, had all the links to the code references and things like that.

So we followed through all that, which is why I thought we were at this point now. So I'm confused on why we got a denial for the waiver.

Because you were not able to provide sufficient justification that you needed a waiver. The questions that the findings that Mr. Earhart went through, there wasn't enough justification to prove that you guys needed the waiver. You didn't explain it enough. If there is more to it, if it's a monetary thing, if it's equipment thing, if it's, you know, you can't get the materials, that kind of thing. That is not something that was brought forward through the findings and the things that you were asked. So I can't speak on behalf of Mr. Earhart. So if you have a question, you'd have to give him a call.

Yeah. Cause we did have a conversation with him. So we thought we were on, like we had everything set up. That's why it would have been nice if somebody could have came by. I know it's not a thing, but if we could make it a thing. Or if somebody comes by and says, yeah, no, you need this, that, and that. Because all our documents, what we saw, we're perfect. We've done everything that we need to do. We've provided the site plan. We've done all that. So that's why we're, like, at what point, well, what do we need to do? We just need to submit another site plan aside from the one that we just submitted? Or what more do we have to pay to get people to come out? I'm just not understanding. What is our next step? for us to be able to get this done so we can help take the customer, help the community out the way we need to. If we had a definite answer, it'd be nice, because I know we had a description of what a Cat 1, Cat 2, and Cat 3 is. But I mean, if we pay $400 for a Cat 2, are we going to be good then? I mean, we don't really know exactly where we need to go next from here. We just feel like it was denied and we don't get an exact answer.

Can we put a condition on the waiver that if code enforcement goes out and realizes that they're not breaking any ordinances that they would then be cleared?

Does code enforcement do that? Yeah. Yeah, because if they can come out and say, yeah, you guys are totally good and everything, that would be awesome.

So if they come out and check your site development plan and landscaping and lighting, things like that?

I don't know how busy they are. They don't do that. Appreciate that.

And they also can't address, not that this pertains to this, but code enforcement also cannot address lumens for the light. They don't have gauges for that. My thing is, it's been an operable business for many, many moons. You're not changing the use, you're adding a use to it. to improve it, so I really don't have a problem with any of it. And especially if you guys are willing to, let's just say that you get a wrecked car on property, that you are willing to use that thing just so it doesn't, the ground doesn't get hurt by any fluids from the vehicle.

Absolutely, because our property has a well on it too, so we don't want to add contaminants in our well either.

Correct.

It would be a huge concern for us. You know, we have, like I said, I've been in towing industry for 12 years, so I know, like, I'm very strict on my rules and all that stuff for my drivers and everything. Like, it's not just gonna be some guy just flinging a truck around. Like, it's gonna be professional.

Are we rereading the staff report? It looks like their biggest concern was not lighting, it was the paving. And it's because, as a tow yard, There is potential for more vehicles to be there and possibly leach into the water. I understand they're on a well as well. However, remember that if we... make an alternate recommendation, we have to find an alternate finding. Whatever that alternate finding is, we have to give the justification for it. We can't do it just because we feel like it.

Correct. But the alternate finding is that berm thing that they have there that they are willing to use that will cover and control any contaminants leaking from any vehicles that are going to be stored that facility as it is right now they are a mechanic shop that fixes diesel trucks performance vehicles they do lifts all of that kind of stuff and they have cars in and out of there all the time all day long so really the traffic count probably isn't going to change much especially since you said the tow trucks are going to be at your drivers residences so

And then, like, currently, you know, if you get a vehicle coming in that's leaking, we put drip pans over them right away because we don't want to stain our stuff or, you know, again, cause more of a mess. So, again, it's we try to do what we can to do the right thing. I've dealt with code enforcement before. And, you know, it's always good to have a good relationship with them. And, again, they, you know, hold up the side of what you have to do and maintain. You know, so, again, it's if they're able to come down and just verify everything, that's totally fine as well.

Chair, are we allowed to make a determination different than what staff recommends? We can. So can I make alternate findings? So the alternate findings, then they're worried about the concrete, right? Right. Then I'd just like to make a motion to approve them to be a towing yard and to use that berm that they have to protect any leakage that might come from the vehicle and eliminate the waiver. I don't know if we can do that.

We can eliminate the waiver.

No, we cannot eliminate the waiver. We can either approve or deny it based on alternate findings. Can I ask you... to possibly submit the paperwork that goes with that berm thing so we can have it into our backup?

Yeah, and it only costs about $900 to $1,000, so we could easily get one or two of those, however many we need.

Can you leave that with us tonight?

Absolutely, yeah. And then I also wanted to bring up, too, that none of the other tow companies here have a paved yard or a curved area or a berm or anything.

And I understand that, but just trying to find an alternate finding to approve the waiver... which is something that we need to do, but also the location of your facility is in the center of town where theirs are on, to my knowledge, the outskirts, and are on bigger lots that are less residential. Because I'm all for it.

I thought it was on the first document.

Does it have the name and information of what that product is on that form?

We could write it on there. We just took a picture real quick just for a general idea of what the product does.

I think I know where you're going with this, Faith.

I believe that one was from Interstate Products, and it was like $960 or something. We're going to put a part number and everything for it.

Yeah, part number, serial numbers, any information that you can get.

Well, we wouldn't be able to provide a serial number because we don't have it. Well, that's okay, yeah. It's serial number for individualized.

Anything identifying... that product would be wonderful.

Okay. Okay. Okay.

So yeah, the berm that we just gave, it holds up to 159 gallons of fluid. So no vehicle would ever have that much fluid. So it is a benefit to have something like that. And the cost was $935 plus shipping. So it's a better alternative than paying $20,000 in a paved yard for a property that we rent.

Okay. Okay, do I have a motion?

Do we have anything else? I don't think so.

Are we good?

Ready for a motion.

I would like to make a motion, recommend approval for CU-26-19 and also approve the waiver of WV-26-23 based on the findings outlined in the staff report and also the alternate findings of this form wall berm interstate products model, IPI-FW88-4-XR. Let's see. Yeah, so there we go.

Do I have a second?

I'll second. I'll second.

I'll second. Call for the vote. Bolsheviks?

Aye. Aye. Aye. Aye. Aye. Aye.

Motion carries. And I'm going to call for a break until 9.30. Take about a 10-minute break until 9.30.

Thank you. Thank you, everyone.

I used to work at the planning department for 10 years before I started doing real estate. And I'm in the gray area, and I will find it if I can't get to help whoever. I need to go outside and wait before I choke somebody. I have no filter.

I have no filter. No filter. How do you do it?

Bye.

I'll just try to keep it respectful. Like a business meeting, I run the town board.

People would get all angry and upset. Don't let them get on each other. Yeah. I think it'll be all right. The last one's going to be. Now, here's the deal with that one. When they want to change that zoning, I lived above there for 26 years looking down on that.

Okay.

So I've seen that. And now I looked at the change. They've already got high density on the other side of the island. If you look at that, there's already high density housing kind of like zoned for that. So my concern is if they're going more than one story, I'm not okay with that. Yeah.

But it didn't read as that to me. I didn't think. Yeah, I didn't see that. I mean, it could be, but I didn't. I mean, maybe more clarification.

I think if I understand.

People are just going to be very upset on that.

Well, I know I have friends up there. I want to talk to them today about it. I don't want them to have two stories looking down on my back property. My backyard used to face that.

Are they opposed to homes in general or just two stories?

They didn't want a high density property. I'm not okay with that. But it's not that much of a change, to be honest with you, because if you look at the zoning that's currently there, they can do a lot with those properties or with the winery. They can proportion it. They can do all kinds of things. So it's zoned for that. So we're not really changing too much other than... allowing more on smaller areas. But, you know, it's more of a cost thing. We've got to build housing like that here somewhere because there's a need, but it's where to put it.

Yeah, and they have expressed their...

They do not want, but I don't know if they understand exactly what they're mad about.

But I think Mr. Sutton would be very good at clarifying...

I hope so. But yeah, I mean, until I looked at it a little deeper, I was like, I don't know. I don't think so. Then I'm looking a little bit at corn. I'm like, I don't know, man. You've got to find a balance here. I was here when we were doing the original planning in this town. But it's a living document, though. People need to understand that. It's not set in stone.

And that's the thing. It's not like I'm thinking about it changing. Well, it has to change. It has to support the growth. And that was part of my thing.

Oh, yeah.

It's coming over the hill.

It's coming, it is.

Vegas is full. They're coming here now. My big concern is the aquifer. I know that the current last thing I heard was that we're discharging more than we're putting in.

And I believe that. Oh, yeah. But how do we, that's my question.

I like your one.

Yeah, that's what we've been concerned with living here since 99. Are you okay? They sent an email.

Well, I used to be.

I'm not now.

So my parents are in the well, so they're very, very concerned.

Oh, when I put my well in, I actually went 20 feet deeper than I was really supposed to go because I was prepared for the aquifer to drop. So I'm like, I'm not going to be, you know, digging deep. Sure. So, yeah, we need to protect the water. We need to protect the people who are on the rest of the property. You know, so. I don't know where that bounces because you want to give people the right Congress to build and do their business. But at what point do you have to say we can't do anymore because we don't have no more water? Or guess what? Everybody here is buying property here? Someday you may not have water. So just understand that.

But then when's the last study? When has the last study been done?

It was pretty recent the last time I heard. But I moved here in 99. We don't get the rain that we used to get when I moved here. We used to get flooding. I live up industrial. I used to live up industrial. I know exactly where all that stuff is going. I worked for Long North Construction when I first moved here. So I know all that. That's where I lived. So yeah, I understand. It's on a bad balance. I don't know what we're going to have to do for the water. That's my main concern. I know Vegas is already talking about, well, what to do with Lake Mead is now because of the, they can put the water, I'm trying to think, well, they changed the seawater into drinking water in California. Now they're reducing the amount of water they need to take out of Lake Mead because we're going to give them money to not draw water out of Lake Mead. So San Diego doesn't use as much water out of Lake Mead. But we don't use Lake Mead.

Yeah, so what does that have to do with us? What can we do?

Unless we had a pipe going from Lake Mead, which is empty anyway, so that wouldn't work. I want to know more about the aquifer. I was going to go to the water board meeting, but I didn't get a chance to. Yeah, that's where we need to watch. I don't know. It's a scary thing. It is. It's very scary. I don't want people investing in 20 years from later. We don't want to watch.

It's worth nothing.

Well, just like when I first moved here, I was telling you the other day, we didn't have impact fees. There was no impact fee for anybody building here. That meant we had no money for roads, fire departments, sheriffs, schools, anything. So that's one of the first things I advocated for is getting impact fees for this town, which helped bring in a lot of money, but people moving here impact our community. So we have to find some way to offset that and make sure we have a balance set. Is that it? My big concern would be .

Not necessarily. Oh, I meant like in terms of your

Well, I've been on for eight years. Oh, you have? There's not a time limit. It's just when you have an option to re-up or not. For instance, Commissioner Hayden decided that, for whatever reason, she didn't want to continue. And whenever there's an opening, multiple people are put in, and then the BOCC decides who gets placed. When Gregory Hafen, he used to sit on this floor, when he got appointed to the assembly, He asked if I would consider it, so I put my hat in the ring. Because years ago, when I lived in Las Vegas, during kind of the height of growth in Las Vegas, I spent five years on the Clark County Planning Commission. So I have a little bit of a history in what you do with some of this stuff. And so it seemed like... a reasonable thing to do at the time. But when Gregory and I were talking the other day, and he said that he's about to be in the legislature like eight years. I wish he hadn't said that, because now I know how long I've been on RPC. I didn't think it'd been that long. So thanks for making me feel old, Gregory. He didn't mean it that way, but it's like, dang. So I think you're good. Spend your time on the board until, unlike, since this is an appointed thing, it's not a term one.

We'll be starting in about a minute. Please have seats.

How much bandwidth do you have to be able to deal with things like chicken meetings? Yes. No, you will, because it's always just a blanket statement. We were trying to give them something they didn't, so don't take it personally. And they spent the whole time telling us. So finally we all decided, you know what, you think we're taking something away from you? We won't give it to you, that's fine. Because they were just that, they refused to listen. and wanted to argue about how we were taking things away from them. As many times I've told them, you're not currently allowed to do this.

We're trying to do the right thing. Okay, I'd like to call the meeting back to order, please.

Everybody have a seat. And we're back to order. We're on agenda item number 14, possible action CU-26-20, public hearing discussion and deliberation on application for conditional youth permit to allow two triplex units on 0.50 acre parcel zone multifamily located at 841 East San Lorenzo Street, Piedmont, Nevada. Accessory parcel number 03963213. um don't how to pronounce a meyer if i apologize property owner civil rights services agent this is a final action by the prompt regional planning commission unless appealed to the board of county commissioners or otherwise announced staff

Thank you, Chair. This application is for a conditional use permit to allow the applicant to build two triplex multifamily units on a multifamily zone 50-acre parcel with GC zoning. Any development over four units require a conditional use permit. The proposed project consists of two residential buildings containing a total of six dwelling units. The proposed development is intended to provide long-term residential housing that is consistent with the surrounding area and the county's vision for higher density residential development. the product the project includes four two bedroom ground floor units and two larger three bedroom second floor units parking landscaping lighting and site circulation have all been incorporated into the design to meet county requirements and provide a functional and attractive residential environment the project will be required to go through cat one site development process and must be built in accordance tonight county code 1704 article 5 development standards and Nye County Code 1516-010, International Uniform Building and Construction Codes. The site development plan is reviewed and approved by the Planning Department, Building Department, Public Works Department, and Fire Department. The site development plan process will also identify water and sewer requirements. Upon review of this application, staff finds sufficient justification to recommend approval of the application for proposed use for this request, subject to the standard and special conditions of approval.

Thank you, staff. Applicant?

My name is Bill Cookston, C-O-O-K-S-T-O-N. I'm with Civil Rights Services representing the owner. The owner may be on the line if we have to ask him questions. Just to get the bookkeeping out of the way, the owner has read and agreed to the standard and special conditions of approval.

Any agrees to them? Does he agree to those?

Yeah, he agrees to the standard and special.

Thank you.

This, as they said, it's a requirement any time you're over four units to get a conditional use permit. They're not asking for any waivers. They're meeting all of the requirements for density. It's 3,500 per unit, and that's a half acre, and they have a half an acre there. So they're just trying to build the six units.

Thank you. Any questions from the board?

Just one, you wouldn't happen to have an elevation or anything, would you, so we can kind of get an idea what it looks like? I know he might not be that far along in the process. I just thought I'd ask.

Actually, we are doing the site development for him also, so that's quite a ways down the road. I don't have the elevation with us, but it's two units downstairs with the stairs up in the middle with the third unit upstairs.

Thank you.

That helped us keep it a little more compact so we can still get all the parking in. And right next door to it is a six-plex, or I shouldn't say a six-plex, but six-unit property also. And the builder that built those is actually going to be his builder for this one. Okay.

Thank you very much, Mr. Crookston.

I have a couple questions. Has the fire department been by and said that there's sufficient room for them to fight any fires, turn around in the parking lot or anything that you are going to design?

That comes with the site development when it gets turned into the county. One of the people they send it to is the representative for the state fire marshal. So they review that and make sure it's up to code and that We have fire hydrants close enough. And on a property like this, they don't have to come in and turn around. They're close enough to the building. Like I said, all the rules, 150 feet from wherever the fire truck gets to, they have to be able to reach around the whole building.

Okay. And how many people in total do you think are going to inhabit these?

How many people are going to what?