NYE CCIUIVTY AGENDA INFORMATlON FORM Action presentation 0 Presentation & Action

Department: Board of County Commission

Category: REGULAR AGENDA ITEM

I I Return to: I Location: Phone:

Action requested: (Include what, with whom, when, where, why, how much ($) and terms)

II

Reconsideration, discussion, deliberation, and possible decision relative to Parcel Maps PM-04- 0014, AP# 36-471-47, 3721 S. Big Sky Way: DLV Inc.-Owner, Civilwise Services LLC-Agent; and PM-04-0015, AP# 36-471 -40,3601 S. Big Sky Way: Trese and Debra Vackar-Owner, Civilwise Services LLC-Agent.

Contact: Gary Hollis

Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures)

Phone: Continued from meeting of:

Reconsider, discuss, deliberate and make a decision relative to Parcel Maps PM-04-0014 and PM- 04-001 5; each appiication consists of a five (5 ) acre parcei located on Big Sky Way being divided into four (4) parcels each. These two applications were considered and disapproved by the Pahrump Regional Planning Commission (PRPC) at its June 15, 2005 meeting. The PRPC decision was appealed to the Nye County Board of Commissioners (BOCC) and the decision of the PRPC was affirmed by the BOCC at its August 17, 2005 meeting. The BOCC decision to affirm the PRPC disapproval of the applications was based on incomplete and/or misunderstood information.

Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 10 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies.

Expenditure Impact by FY(s): (Provide detail on Financial Form)

No financfal impact

Routing & Approval (Sign 8 Date)

I. Dept Date f 6. Date r

AGENDA FINANCIAL FORM

Agenda Item No.:

1. Department Name:

2. Financial Contact Person: Marie Owens Direct Phone 482-731 9

3. Personnel Contact Person Direct Phone

4. VVas the Budget Director consulted during the completion of this form (Y or N )?

5. Does this item require a budget adjustment to be made (Y or N)?

6. Account Number ata: (Complete for all revenue and expenditure lines and for a51 fiscal years that are impacted. Budgeted: Y=Yes, N=No, A=Absorbed in budget (state how under "Comments" section below.)

FY Budgeted Fund

7. Comments:

Dept # Function 0 bject $ Amount

Completed by: ate: Stgnature

VACKARCHRONOLOGY July 2002-August 17,2005

Mr. Vackar begins purchase of water rights in anticipation of parceling Letter from Dave Richards to Ron Williams; Request to be Placed on BOCC Agenda Road Construction Placed on BOCC Agenda: Item 28A. -

Discussion and Decision regarding request from AVCO Construction asking for approval to design and construct portions of roadways for the county in order to get access to properties that their client owns for future development Minutes show a motion by Mr. McRae to approve based upon a chip sealing program to meet the county engineer's standard and request for structure and road base. Seconded by Mr. Neth. Motion passed with four affirmative votes. Five parcel map applications submitted: 36- 471 -06, 36-471-27, 36-471-29, 36-471 -35 & 36 (Leslie Street) Letter from Cheryl Beeman, Nye County Planning: Applications considered incomplete per NCC 16.28.17O.-no subdivision via subsequent or contiguous parcel map and NCC 16.28.280.-shall have adequate public or private access consisting of full-width legal & physical access of 40 feet ROW width After meeting with Cheryl: withdrew parcel maps and submitted subdivision maps for 36-471-27 & 29 as Marque 1 Estates and 36- 471-35 & 36 as Marque TI Estates - scheduled for 911 0103 PRPC Parcel Map for 36-471-06 approved by PRPC with requirement of 1.12 AF water per and subject to construction of roads per BOCC approval of 1211 7/02 Submitted subdivision maps to YDEP & Health Dept. fbr revievr Asked to table subdivision applications for 30 days to negotiate with State agencies regarding sewage disposal mechanism

5-47 1-06 acceptable; remainder ould require variance ~plications to deviate from inimum design standards

:corded 12/2/04 File Map iO9 198

Page I of 3

PRPC granted tabling of subdivision Subdivision applications were withdrawn and Parcel ~ i i applications resubmitted for 36-471-27 and 36-471-36 with waivers to provide chip seal on cul-de-sac instead of paving and 40' ROW width for Leslie Street - 1 111 2/03 PRPC Agenda

PRPD Master Plan Adopted Parcel map applications for 36-47 1-27 and 36 approved with 1.12 AF water and street construction Submitted Request for Text Amendment for NCC Article V, Chapter 16.28.1 7O.G. 1 to coincide with NRS 278.462-Requirements which may be imposed by governing body. Two workshops were held and a resolution was to be prepared for BOCC approval. Has not vet been done.

BOCC adopted Ord 285 effective 7/1/04 Zone Change, Waiver and Parcel Map Applications submitted for 36-47] -29, 35,40,43,47 BOCC amended NCC 16.28.170.H. 1 .a. by increasing the amount of water rights required from 1.12AF to 2.OAF per parcel Pahrump Building & Safety granted completion approval of the EIderberry & Leslie Streets construction PRPC approved zone changes for 36-47 1-29, 35,40, 43 & 47 residential 1.25

PRPC denied waiver for 36-37] -47 and Dave Richards requested to table the parcel

Zone Change approvals granted by BOCC for 36-471 -29, 35,40, 43 22 447 residential 1.25 Maps recorded for:

sewage disposal mechanisms previously approved were not acceptable and would not approve their use for these subdivisions

State ultimately decided that s Applications ended up on 12/10/03 Agenda for whatever reason

. . .may require any reasonable inzprovement but not more than would be required Vthe parcel were a subdivision where parcels are contiguous or parcel map applications seriatim.

Chapter 17.04 Zoning and Conditional Use Permits within the PRPD

Adopted 811 7/04 Effective 9/2/04

Page 2 0f 3

/ Ord 299 amended NCC 17.04: Lot sizes for / / residential changed to RE-1 gross acre, and 1

4/25/05 SO on Request to place tabled parcel map 1

5/4/05 application for 36-47 1-40 & 47 on June 15, 2005 PRPC agenda PRPC denied parcel map applications for 36-47 1-40 & 47; not consistent with NCC,

611 5/05

Mr. Vackar purchased water rights at the beginning of this process and transferred to Nye County based on 1.12AF per new parcel. After the parcel maps were converted to subdivisions he purchased additional water rights to comply with State water requirements for a subdivision and transferred to Nye County. When the subdivisions fell apart because of the State decision not to recognize their previously approved sewage disposal systems, Mr. Vackar transferred portions of these water rights to the use of various parcel maps for other people. Water rights still remain available for the division of Mr. Vackar's property.

Ordinances, design & improvements not I consistent with Division of Land Regs and are iikeiy to cause sigalficant public health or safety problems.

6/24/05

811 7/05

Page 3 of 3

Appeal to BOCC relative to PRPC denial BOCC heard appeal and affirmed PRPC denial -

I I91 W Betty Avenue Pahrump, Nevada 89060

Phone' (775) 75 1 - 14 13 (Pilhnlmpf Cell (701,) 2i0-7944 (LV) Cell (775) 200-41 1 l (I'uhmtnp)

October 1,2002

Ron Williams Nye County Planning Director P.O. BOX 1.53 1 TONOPAH, NV 89049

Re: Request f ~ r Road Construction - Trase Vackor

Dear Ron,

Our Client, Mr. Trase Vackor of AVCO Construction Inc. has purchased several 5 acre parcels of land located in Section 3 1 , T20S7 R53E, south of Indole Street and along and west of Leslie Street. As you are aware this area is serviced by gravel roads built only to half width and not to Nye County specification. However, these roads are servicing numerous parcels, several with homes all ready constructed on them.

We wish at this time to request to be paced on the agenda for the Nye County Conlrnissioners, preferably at the Pahrump meeting, to discuss the possibility of constructing portions of these roads to Nye County specification and causing Nye County to accept the newly constructed roads for maintenance. It is our client's intention to bear the cost of construction if Nye County requires, and all engineering would be provided by our client and submitted to the Pahrump Building and Safety Department for approval.

I have attached a copy of the Nye County Assessor's map that shows the properties marked with an " X owned by our client. The roads that would service these parcels, and any other parcels adjacent to and along this route, are what he would like considered in this request. We are requesting also that the details, and possibly phased construction, be discussed at the hearing, but would appreciate your prior recommendations.

Please advise me as to the date that this request may be heard by the commissioners and as to any of your concerns or recommendations. If there are any questions, or further information is needed, please feel free to call me at any time.

Sincerely,

Civilwise Services

David A. Richards, P.L.S., W.R.S.

JLiN 26 2003 9:52RM N Y E C O U N T Y P L R N N I N G D E P R R 7 7 5 - 4 8 2 - 7 3 0 2

lTEM # SUBJECT

RTSTMBUTION:

1 Z/lW02 BOCC Agenda Item 28a Verbatim minvies excerpt of same

TO; lRZM Will3sms

Pahrump & Tonapah files Vackar PM-P-03-0006 AP#36-471-27 Vaekar PM-P-83-0007 AM6-471-06 Vackar PM-P-03-0008 AP#36-471-29 Vackar PM-P-03-0009 AP#36-471-35 Vackar PM-P-03-0010 AP#36-47136 Dave Richards, Surveyor

DATE: 06/25/03

IN1 TIALS : kh

uest iron AVGO Co

JUN 26 2003 3:SZRM I N Y E COUNTY PLANNING D E P R R 775-482-7302

l motion passed with four affirmative votes.

3

4 Mr. Taguchi stated that the next item is

5 I discussion and decision regarding request from AVCO

Construction asking for approval to design and

construct portions of roadways for the county in order

to get access t o properties that their client owns.

Mr. Anspach stated that Dave Richards is

t h e representative of AVCO and he w i l l make a'

on these roadways - Mr. Richards s t a t e d that basically this W a s

stlareed as a reques-t: to Mr..Willia~s in the planning

department to find out the process of allowing a property

owner to get county approved, county maintained roads

to properties ow,ned by him where there are substandard

roads existing at this t i m e .

Mr. Richards s t a t e d t h a t the process went

through Mr. Chavez and then over to Mr. Anspach who

h a s r e c e n t l y came on ba s i ca l l y we are here 1 i n g E a r advice an aybe a n agreeable situatio 1

I be able to build c o u n t y roads ta unserviced proper ty i at t h i s time. I

M r . R i c h a r d s stated that he thinks y o u have 1 i all s e e n the map where the p r o p e r t y is and p robab ly hasre 1

JUN 26 2003 9:52RM NYE COUNTY PLflNNING DEPRR 775-482-7302 P.

gone out and Looked at the roads to these parcels. They

a r e building houses out there right now but they are

substandard roads. They are just paths, They are

basically twe2ve-foot-wide pit run gravel paths that

have been laid Out to houses that are under construction

and houses that do esist. There are residents out t h e r e .

M r . Richards stated that his client has

bought seven different parcels at this time, f ive-

acre tracts, that: he would like to, in. the future, be

able to develop, to do something with, build some nice

custom homes, a nice development, but your current

regulation does not: allow this to happen without having

full-width county maintained roads, so he is willing to

build these roads to county standards to get this access

t- allow him to proceed .with his intentions for the

properties - Mr. McRae asked if his intention for this

property is going to be to subdivide into smaller lots.

Mr- R i c h a r d s stated that the intention

is to do, in the future, whatever is economical2y

e r t y , He is a

Some of them, he would l i k e to parce l into one-acce

l o t s and build custom homes on t h a t . It i s probably

going to be a phased s i t u a t i o n over several y e a r s .

R i g h t now, he has no a b i l i t y to da anything w i t h t h i s

JUH 26 2 0 0 3 3 : 5 2 f l M NYE COUNTY PLRHNING OEPRR 775-482-7302 P .

property without the appropriate access.

Mr. Neth stated t hay he would l i k e to t a k e

this opportunity to declare that he h a s a potential

conflict of interest on this,partieular agenda item.

Mr. Neth's office has done business with M r . Vackor.

M r . Neth w i l l state, however, that this w i l l not

i n f l u e n c e his vote, nor does he believe i t w i l l

eliminate h i m from this discussion.

Mr. Neth asked, 'when cooperating w i t h t h e

county, what does Mr. Vackor have in m i n d . Mr. N e t h

sees that he wants to build county roads. Does he I understand t h e county will not accept any n e w

construction that is not paved?

Mr. Richards stated that he t h i n k s it is

'kind of up i n the air whether it w i l l be paved or

c h i p sealed. MT. Richards understands ik will not be

g r a v e l t h a t w i l l produce d u s t but he w o u l d l i k e to

mention it i s gravel and producing d u s t a s i t sits right

now with the t r a f f i c o u t there and t h e homes and people

that a r e dwelling out the re at t h i s point i n time, so

whatever he is s u g g e s t i n g re is o n l y g o i n g to improve

t h a t s i t u a t i o n . R i g h t now, if y o u h a d a fire in c h a t

a r e a , there i s no s u r f a c e o u t there t h a t would c a r s y a

fire truck.

M r . Neth s t a t ed that h e drove on the roads

J U N 26 2003 3:52RM NYE COUNTY PLf l f fNING DEPRK 775-482-7302 P 1

this morning. Mr. Neth noticed that L e s l i e is j u s t p i t

run. somebody j u s t t o o k some in a t r u c k out t h e s e an

dmped a couple of loads sf pit run on the ground.

Mr. Richards stated that: it is unstructured

fill.

Mr- Neth sta ted t h a t if he i s not m i s t a k e n ,

L e s l i e , that part of the g r a v e l road of Leslie, a c t u a l l y

ends well before Elderberry. Mr. Richards s t a t e d t h a t .

it ends at Debbie C o u r t .

M r . Neth stated t h a t Mr. Vackor would have

to f u l l y construct the road all the w a y from Debbie

Court out to Elderberry and then down to Big Sky Way and

over to t h e proper t ies t h a t he owns.

Mr. R i c h a r d s stated that t h e path i s

on it at the corner of Elderberry and B i g S k y Way and

there are houses eing b u i l t r i- e south of that area

n o w .

M r . Neth a s k e d how l o n g & y o w a s that parcel

map approved. It had to have been a n awfully l o n g t i m e

ago.

'specified in the l e t t e r . You g o down L e s l i e across

Elderberry for a q u a r t e r of a mile and then down B i g

s k y Way, in that direction. Currently there is a parcel

mag t h a t is approved at the corner t h a t actually has

houses on i t . It was approved and filed and houses built

3 U N 26 2003 9 : 5 2 R M NYE COUNTY PLRNNING DEPAR 775-482-73Q2 P .

Mr. Richards stated that he does n o t think

it: was that awfully long ago. Unfortunately there are

s i t u a t i o n s that are not desirable a t t h i s point and Mr.

Richards i s t h i n k i n g t h a t we are not o f f e r i n g to

circumvent the situation. W e a re trying to help correct

it. The proposal is cor rec t ing a bad s i t u a t i o n from the

past. 1 I

Mr. McRae stated th t he does n o t see where b w e are a t risk. The developer, f t h i s were in fact

someone coming in , t h e developer/ would be responsible

and Mr- M c R a e t h i n k s a developer that is going t o

propose building to the county standard, county approved,

h i s only s t i p u l a t i o n would be it would need to .be chipped. i Mr. McRae is no t going to beat up somebody for pavement

'out there but i t has to be chipped,

Mr., McRae suggested that w e get it on and

do it, W e have somebody willing to do someth ing t h a t ,

i n the p a s t , has been approved based upon t h e fac t that

somebody got up to the podium and sa id , "Well, we'll

never be a bueden," a r never be t h i s ar that and,

uess w h a t , here it i s , but t h i s guy is w i l l i n q to

it fa r five ar six l o t s thae he is investing in.

Mr. McRae stated t h a t whether wha tever

he has in m i n d in the future ever gets approved or not

1s not an i s s u e today, he does not t h i n k , as l o n g as

J U N 26 2003 S:52flM NYE COUNTY PLRNNING D E P R R 775-482-7302 1

t h e r e i s no issue t h a t we are n o t b e i n g h e l d hostage.

P r o v i d i n g access to those five-acre l o t s makes

a l l t h e sense i n the world,

Mr. McRae stated t h a t h i s motion would be

to approve it based upon a c h i p sealing program t o meet

the county engineer's standard and r e q u e s t f o r s t r u c t u r e

and road base. M r . Neth seconded the motion,

Mr. McRae stated that that is assuming,

of course, t h a t w e have the public easement all t h e way

through t he re . That is M r . McRaels motion-

Mr. Richards stated that t h a t is an

absolute requirement- The burden is on t h e developer

to get t h e required right-of-way, the easements dedicated

to the county.

Mrs. East l ey stated that i t was part of the

developer's plan to c h i p these roads. M r . f i c h a r d s

s t a t e d t h a t t h a t i s correct.

M r . N e t h stated t h a t your client knows t h a t

he needs t o work hand i n hand w i t h Mr. Anspach to m a k e

sure that a11 those s p e c i f i c a t i o n s a r e met. Is t h a t

correct ?

M r . Richards stated that that is correct.

i t h a s been discussed with h i m . He is aware of t h a t ,

M r . G E e e n stated t h a t h i s understdndxng

is t h a t w e are going t o pay f o r somebody to do t h e i r

JUN 26 2003 3 : 5 2 R M NYE COUNTY PLRNNING DEPRR 775-482-7302

I

own development.

Mr. McRae stated t h a t t h a t is not correct.

The proposal is that that individual wants to pay for

a l l of the expenses and he wants to bui ld the roads to

county specifications, a s long as the county, a f t e r

they axe built to county specifications, w i l l accept

t h e m for dedication. That is the request .

Mr. Taguch i ca l l ed for t h e vote. The

motion passed with four aff i rmat ive votes .

GENERAL PUBLIC COMMENT (CONTINUED)

Mr. Vanwinkle s t a t e d that w e need to do

something about the road to Channel 41. Mr.- Vanwinkle

is not ask ing for chip or anything. Nr, VanWinkle is

:asking for some water an t h e road and a rock t r e a t m e n t

because S i t era l ly t h e r e is no road t h e r e , It is j u s t

basically ripped up gravel.

M r . McRae s t a t e d t h a t t h e r e are other

businesses in t h i s cornunity that have chosen to build

on less than s u i t a b l e roadways- Mr. M c R a e is sure that

that p a r t of t h e roadway wi I rise to t

top.

Mr- Vanwinkle stated t h a t he did buy rhe

p r o p e r t y for a goad amaunt of m o n e y , n o t cheap hut good,

a n d what we can do is water it a n d g i v e it a r o c k

Paula Elefante, Chairperson Carrick "Bat" itlasterson, Vlce Chairperson Pamela Livingston, SecretarylClerk G a r y Warner, Member Harley Kutkin, Member Sheldon Bass, Member Rick Ewing, Pahrump Town Board Member Henry Neth, Nye County Cornmisstort Liaison

Address all correspondence to. Cheryl Beeman, ilssistant Director Nye County l'ianning Department

250 North Highway 160, Suite 1 Pahrump, NV 89060

Phone: (775) 75 1-4033 Fax: (775) 7514032

-1

I X 'r X I '--.

o J, 9,2003 - ?:Of) P,RIZ.

BOB RUUD COMMUNITY CENTER-MAIN HALL HIGHWAY 160 AND WEST BASIN ROAD, PAHRUMP, NEVADA

Any person with an action item on the Agenda must be represented a t this nlceting to answer any questions that might arise o r that item may be tabled.

The Community Center Main Hall is accessible to the handicapped. With advance notice we are pleased to make reasonable aecommodatlons for members of the public who are disabled and wish to attend the meeting. If special arrangements for the meeting are necessary, please notify the Nye County Planning Department in writing at the above address, or call (775) 751-4033.

may be considered in one motion. Any person(s) representing an appiication who does not agree mended by staff should request that the item be removed from this portion of the agenda and tire ~t%rs.r;Sly Itas Besa o p n c i .

Agenda Order: any items listed on this agenda may be taken out of order if so requested by the applicant, staff or Commission members with the approval of the Chairperson. All A ~ e n d a Items are considered to be final action unless appealed to the Nye County Board of County Commissioners (BOCC) o r unless otherwise stated on the Agenda or announced. Items appealed to the BOCC may result in a different decision or additional conditionsistipulations or limitations. Public Hearing Items wifl be considered separately. Any person(s) representing an application should approach the podium as your item Is announced. S ~ e a k e r s must come forward lo the microphone, begin testimony by clearly stating your name, direct all questions and comments to the Chairperson, and the Chair will direct the quatioars to the appropriate individual, Pfease avoid repeating testimony that hrts already been provided and be brief and to the point. Discussions on an item will be closed if discussions become long-winded, repetitious, or if members in support or opposition become rude. As a courtesy ta alI persons, please turn-off or set to

'

,- , & - w P y L m *----* r attending tonight's meetin& - --

PARRUMP REGIONAL PLAIYNBVG COMVISSION JULY 9,2003 PAGE 2

CaIl to Order Pledge of AlIegiance

ACTION EIection of Officers (Note: The Bylaws require the affirmative vote of not less than four (4) members of the Commission to elect Officers.) a. Chairperson b. Vice Chairperson c. SecretarylClerk

Approval of Minutes a. May 14,2003

Approval of/Modifications to the A~enda

Correspondence and Announcemenb

Commission Re~orts a. BOCC Liaison Report-BOCC Liaison b. Pahrump Town Board Liaison Report-Town Board Liaison c. American Planning Association (APA) Representative Report-Paula Elefante d. Master PIanning Steering Committee (MPSC) Report-Cary Jubinsky, MPSC Member

Public Comment No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on a future agenda as an action item. (Three-minute time limit per person and speakers are requested to limit comments to items not on the agenda.)

Consent Apends (Ail matters listed under the Consent Agenda are considered routine and may be acted upon by the Planning Commission with one action and without extensive deliberation. Any member of the Planning Commission may request that an item be taken from the Consent Agenda and discussed and acted upon separately during this meeting.)

Shmrock Unit 2, consisting of four (4) lots on approximately 66.5-acres, on property situated on East Basin Avenue between Kittyhawk Drive and Oyster Street, south of Grieco Way; Ron and Charlotte FIoycC-Property Owners/AppIicants, AP# 35- 19 1-49

Final Subdivision Map CFM-P-03-0002): Portion of Mayfield Ranch Estates Merger Resubdivision (MR-P-03-000 I ) FinaI Map situated at the southwest corner of State Route I60 and Simkins Road); Terry Group TdLC4wner/Applicant, A P k 43-3 12-1 6 thru 30,43-3 13-0 1 thru 30, 43-321-01 thru 30, 43-322- 1 lfiru 30,43-323-0 1 thm 14

Parcel Map IPM-P-03-0007): a five (5) acre parcel situated at 344 I S. Leslie Street on the northeast corner of Elderberry Street and Leslie Street, T20S R53E Sec.32, Trese J. & Debra L. Vackar-4wnerIApplicanl; APiCf 36-17 1-06

PAHRUMP REGIONAL PLANNING COMMISSION JULY 9,2003 PAGE 3

Public hear in^ Items-Action will be taken by the Regional Planning Commission on the following and shall be considered final action unless appealed to the Board of County Commissioners (BOCC) o r is otherwise announced.

9 Variance NA-P-03-0006): fiom Open Use District Front & Side Yard Setbacks that require a twenty five (25) foot front yard setback and twenty-five (25) foot rear yard setback where fifteen ( 1 5) foot front yard setback and ten (1 0) foot rear yard setback have been provided on property located on Crawford Way, approximately 1 100 feet northeast of the intersection of State Route 160 & State Route 372; John J. Darin--Applicant, Michael & Sharon Ensign and William A, R i c h a r d s o d w n e r ; PIP# 35-291-33

10 Conditional Use Permit (CU-P-03-0004): for liquor sales in conjunction with a winery and, Waiver WV-P-03-0005): from the required straight-line drawing for uses intending upon selling liquor, nn property located within the Open Use District and described its a portion of the SE '4 of the SFt % of Section 18, Township 2 1 S, Range 54E, Parcel 1 of File # 1 16022,3780 E. Kellogg Road, Pahrump Valley V i n e y a r d d w n e r , Jack Sanders---Applicant; AP# 45- 19 1-03

11 Variance (VA-P-03-0007): a Variance from NCC to permit the division of land situated along a right-of- way that is not a full width county maintained right-of-way (pending Parcel Map application PM-P-03-0005), and Waiver IVVV-P-02-00041: from filing the required application fees for the Parcel Map and the Variance applications on property located within the "Open Use District" at 8300 S. Old Spanish Trail, approximately 1,200 feet south of Turner Blvd., Section 28, T 21 S, R 54 E, W. Werrell, M. & I. Pinale-Property Owners, Archaeological Conservancy-Applicant; AP# 45-371-17

Action Items: Action will be taken by the Regional Planning Commission on the following items and shall be considered final action unless appealed to the Board of County Commissioners (BOCC) o r is otherwise announced. ---- P M

12 Discussion and Recommendation Relative to P u r c h a s i n ~ a Ditrital Camcorder for the purpose of recording the field reviews by the Development Review Committee of the Pahrump Regional Planning Commission

13 Discussion and Decision Relative to VoIunteers/Au~aintments to the Pahrump Regional Planning Co:nmission7s Devdcllpment Review Committee for Lhe New Fiscal Year (Three Regular Mernhers and Two Alternates)

14 Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time of Future Pahnnnp Regional Planning Commission Meetings

I5 Adjournment

1

ii CONSENT AGENDA t

ITEM # 8c I

PAHRUMCP REGIONAL PLANMNG COMMISSION STAFF REPORT 1

Meeting Date: Ju!y 9th, 2003 Prepared By: Cheryl Beeman, AICP

Case XiVe #: PM-P-03-0007

Property Owner: Trese 2. & Debra L. Vackar

GENERAL XNFORMATiON SUMMARY

Applicant: same as above

Agent: Dave Richards, Civilwise Services, 1 19 1 W. Betty Avenue, P a h m p , NV 89060

1 'I

Requested Action: Approval of Parcel Map (PM-P-03-0007) a proposed parcel map consisting of four (4) 1.4- acre (gross area) lob.

I

Property Loeation: Northeast comer of Elderbeny Street and Leslie Street, approximately five (5) acres. I Staff Recommendation: Approval subject to Standard and Special Conditions. ii

RECOiWMENDED MOTION/P"INDINGS !

t

Based upon the staff analysis, comments received, and the site mspection, staff recommends approval of the I

application with conditions and offers the following motion for your consideration: I The P a M p Regional Planning Commission conditionally approves parcel map application # PM-P-03-0007 in accordance with W C and Nevada Revised Statutes, after having made the following fu2dings:

1. Plan Consistency. The proposed map is consistent with the minimum lot size called out by the Zoning D

Ordinance for the Open Use District.

2. Desim and hprovements. That the design and improvements of the proposed application is consistent with the Parcel Map Design and Improvement Standards and is not Iikefy to cause significant public health or safety problems;

3. Tvpe of Develovmcnt. That the site is physically suited for the type of development proposed;

4. Availabilitv of Services. That the parcels are of an appropriate size and shape that will allow for the installation of domestic wells and individml sewage disposal systems;

the design or the type of i will not conflict with olsements acqui for access through, sr use thin, the proposed awiicatim;

6. Access. That the design and the additional street dedication(s) and required hpmvemmts provides the necessary access to surrounding, adjacent lands and provides awropdate access for the public and emergency vehicies;

7 - 1-03 ; 2 : Q Z P M ; P A H R U M P P L A N N I N G

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7. Dedications. That any land or improvements to be dedicated to the County is consistent with the Division @f Land Ordinance;

8. That the Planning Commissioners gave reasoned consideration to the inforrnation contained within the staff report and information received during the meeting,

If approved, the decision of the PRPC is considered final action unless appealed. The property owner shall cause a final map to be recorded within 2 years after the date the map was approved (on or before July gh, 2005), or all proceedings concerning the parcel map will be terminated.

Nevada Revised Statutes Chapter 278.462, Requirements whch may be imposed by governing body. Pursuant to this section, the planning commission, may require street grading, drainage provision and lot designs as are reasonably necessary. If the planning commission anticipates that the parcels will be used for residential, commercial or industrial purposes, may require offsite access, street alignment, &acing and width, water quality, water supply and sewerage provisions as are reasonably necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel.

I PARCEL MAP DESIGN AM) IMPROVEMENT STANDARDS I I

Conformanee with the Master Plan: The proposed Parcel Map is in conformance with the following Master Plan objective which states, "To develop and implement regulatory techniques and other mechanisms to ensure that growth, development, and the use of land occurs in an orderly fashion."

Conformance with the Zaninor Ordimme: The Zoning Ordinance identifies the area as Open Use (OU). Any use or enterprise, subject to approval by the NV State Health Division, Bureau of Health Protection Services is authorized in the OU zoning district, unless defvled as a use requiring a Conditional Use Permit.

Com~atibiUtv with adincent ZoninP and Land Uses: The smunding area is primarily subdivided OT

parceled into properties that are a minimurn of 4-acres in size, Chlvada Valley Unit 5, adjacent to the site to the east are subdivided 1.2-acre parcels.

Proaosed Densitv: 1 dwelling unit per acre (1 dua).

Proposed Lot Codieuration: Typical rectangular lots arranged with frontage onto Laborador and Leslie Streets.

MinirnumLot Size Pro~~osed/Reauired: NCC provides for a minimum lot size of 43,560 sq. ft. if developed with an ISDS and well.

Miaimurn Lot Widtb Provosedl Requjred: NCC does not prescribe a minimum Iot width requirement,

Floodlrlain Designation: Property is situated in a Special Flood Hazard Area inundated by 100-year fla Zone AO (depth 1 ' to 3 '1, c ity panel 32001 8 44JW.

Suttseanent or Contimoas Parcel Map: This application is not considered to be a subsequent map.

7- 1-03 ; 2 : 42PM; PAHRUMP PLANN 1 NG

Standard Conditions of Approval

Final map shall compiy with all applicable state and local statutes, ordinances, codes, rules and regulations in effect at the time of recordation as well as compliance with plans, documents, reports, etc. submitted by the Developerfs).

Appropriate sight triangle easements must be provided at all intersections.

For all surface disturbances five (5) acres in size or greater, proof that a "Surface Area Disturbance Operating Permit" has been issued by the Nevada Department of Conservation and Natural Resources, Division of EnviromentaI Pm tion cl"ac,EPj, copy of which be mbmIEed to &lre Nye Courtly Planning Department

For construction activities that disturb five or more acres, a copy of the authorization letter issued by the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), stating that the developer's Stormwater Pollution Prevention Plan (SPP) has been approved must be submitted.

a. Developer(s) shall, at their own cost, perform and complete ail work and improvements required by state and county statutes, codes, regulations, etc.

No construction of public improvements shall occur until construction plans are submitted and approved in accordance with the Document Submittal Requirements along with the calculations of the construction valuation, and plans check and inspection fees shall be borne by the Developer(s).

Prior to submittti of ?he Final Map, a preliminary title report not more than ninev (90) days old must be provided. Should the title report reference additional holders(s) of security interest, written consent of each holdw or record of a security interest must be provided by signing the map or by signing a separate document that shall be recorded along with the final map. If a separate document is recorded with the map, the map must contain notation to that fact.

At the time of final map submittal, all taxes for the current fiscal year shall be paid ir, full. (The Treasurer's signature will be obtained by the Planning Department).

Final monuments must be set by a professional land surveyor licensed in the State of Nevada before recordation of the final map, Zn lieu of setting monuments the Surveyor may f b i s h a performance bond or other suitable assurance to the governing body that will guarantee that the Surveyor will set the monuments on or before a date certain. Please note that the Surveyor's Statement indicates that the monuments depicted will occ~py the position.

The fonn of the Final Map shall conform to the requirements outlined within N.R.S. 278.372.

Public utility rights-of-ways and easements must be appraved by the utilities in whose favor the rights- of-way are being granted by signature of each utility's authorized rqrcscntativrz appearing on the map.

I I. Once all emdibons of appmval have h e n met, two (2) submned wth ail J or to submission of the Division of Health, Division of Water Resources, swveyor, county surveyor with the exception of the Xye Couney Treasurer and the Planning Director.

7 - i - 0 3 : 2 : 42PM: P A t l R l J b l P PLANN I bIG ; i 12, 3 ! l i t1 .5L I I+ a

EXCEJTION where the sole purpose of a new parcel map is to provide for the public needs of the community (e.g., Kye County, Town of Pahnunp, NCSD, other non-profit organizations, serving the community, the above- described section shall not apply.

& mlities: - - $ g ~ ' & a b o r a d o r S property will be required in accordance with the lot design. Leslie Street is not a county maintained ROW and is full width ROW only in limited portions south of Jaybird Street. The new lots would be serviced via well and septic systems.

In December 2002, Dave Richards, representing Trese Vackar and AVCO Construction, requested that the BOCC allow Mr. Vackar to design and construct portions of ROW to county standanis (Leslie Street south of Debbie court, Elderberry to Big Sky Way and Big Sky Way). Once these roads were constructed to county standard, the county would then accept them for maintenance. The BOCC approved chip sealing the ROWS with the eonditi~n that Mi-, Vaclrar must obtain the &I1 width ROW.

Street Names & Sims: In accordance with NCC, street signs shall be placed at each four-way intersection and at all 'T" intersections. Such signs shall be maintained so as to be free from visual obstructions and designed in accordance with Manual on Uniform Traffic Control Devices for Streets and Highways (h4UTCD) standards. No addition4 street names are required.

Water Ri~hts: Certified water rights in the amount of one and twelve one-hundredths (1.12) acre feet for each additional parcel created that is under five (5) acres gross in area, shall be transferred to Nye County.

EXCEPTION when a proposed parcel map is located within the boundaries of a water service distfict and all parcels will be served by the water service district.

Traffic Imoact: Traffic impact is expected to be minimal (10.06 vehicle trips per day per SFR).

The plans were not submitted to other agencies @ye County School District, Bureau of Health Protection, Division of Environmental Protection, Division of Water Resources, Public Utilities Cammission, Nye County Public Works Director and the Pahrump Fire Chief), no comments were received.

AH of the conditions are related to the service needs and/or development impacts of the reviewing agencies resulting from the proposal, and are proportional to the number of lots being created.

DEVIELOPMENT REWEW COMMITTEE

The Development Review Comrninee (DKC) site reviewed the application on June 26, 2003 and forwarded a recomndation to the RPC to approve with conditions, (temporary turnaround at the end of Laborador Street until such time as Leslie becomes a full-width ROW.

h n y applicant or other person aggrieved by a deeelsion of the ission may appeal to the Counw Com~ssioners within thirty (30) days of the decision. The appeal must be In m h n g and be aecornpanied by the required $50.00 fee and clearly specify what part of the decisron is being appealed.

FINAL ACT1 ON MEMOIRANDUM

TO: Trese J & Debra Vackar

FROM: hssi&ntblanning Director

SUBJECT: Pahrump Regional Planning Commission Action Relative to a Parcel Map (PM-P-03-0007) Applimtion: Four (4) lots on approximately 5-acres situated on the northeast corner of Elderberry and Leslie Streets, AP# 36-471-06

DATE: July 2 1,2003

The purpose of this memorandum is to advise you that the Pahrump Regional Pianning Commission (PRPC) at its July 9,2003 meeting reviewed and approved the above-described application subject to standard and special conditions of approval outlined within this memorandum.

Standard Conditions of Approval

1. Final map shall conlply with all applicable state and locaf statutes, rsrdinmecs, cadeq ruies and regulations in effect at the time of recordation as well as complimee with plans, documents, reports, etc. submitted by the Developer(s). Developer shatl, at their own cost, p&m d complete a11 work and improvements required by the Boa4 oF&~n@ C o m m i d o n e ~ ~ statate- and county statutes, codes, regulations, etc., and those implavements set for& in the plans, documents and reports submitted by the Developer. Improvements shalf include, but are not limited to; road construction, installation of traffic signage, and my extensions af utility lines to serve the parcels. Should the developer submit the map fix rmrdation prior to &e completion of any required improvements, the developer shall include cost egiatlates prepared by a civil enginwx licensed in the state of Nevads indicatin Developer shall be rquirecf to provide to Nye G mount equal to 125% oftfie engjnmr's estimate, for the

2. Appropriate sight triangle esements must be providsxf -;it all intersections. 3. For all surface disturbances five (5) acres in size or greater, proof that a "Surface Area

Disturbance Operating Permit" has been issued by the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (KDEP), copy of which must be submitted to the Nye County Planning Department.

4. For construction activities that disturb five or more acres, a copy of the authorization fetter vadsda Depaement of Consenation an esources, Division of

Environmental Protection fNDEP), stating that the developer's Stormwater Pollution Prevention Plan (SPP) has been approved must be submitted.

5 . No constmction of public improvements shall occur until consint~tion plans are submitted and approved in accordance with the Document Submittal Requirements along with the calculations

TOP.rOFAH OFFICE * FO BOX 153; - 1'4 GLOEEVALLOk$I LANE . TOY02AH, NEVADA 89039 - PrlCNE (7751 482-el 8' . FAX r775) 432-7302

PA,-IRIJIJIP DFFlCE + 250 "IORfH HIGHWAY 160 - #I + PAHRL-MP NWADP 89060

'Trese J & Debra Vackar July 2 1,2003 Page 2

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of the construction valuation, and plans check and inspection fees shall be borne by the Deveioper(s). The preliminary title report submitted with the map application references additional holder@) of security interest. The written consent of each holder or record of a security intefest must be provided by signing the map or by signing a separate document that shall be recorded along with the final map. If a separate document is recorded with the map, the map must contain notation to that fact. At the time of final map submittal, all taxes for the current fiscal year shall be paid in fi.111. (The Treasurer's signatwe will be obtaiained by the Planning Department). Final monunlents must be set by a professional land surveyor licensed in the State of Nevada before recordation of the final map. The form of the Final Map shall conform to the requirements outlined wilhinN.M.S-, 278.372. Pubiic utility rights-of-ways and zasemeiits must be approved by the u:ilititxj in whose favor the rights-of-way are being granted by signature of each utility's authorized representative appearing on the map. All utilities sewicing the development shali be provided underground except for main lines entering the parcels along the perimeter. Utility easements shall be provided ten ( I @ feet each side of the centerline of all existing pole lines; and a ten (10) foot public utility eaemenf shall be provided along the perimeter of all properties within the bsundw of the map. Approval of the parcel map shall expire, with no possibilitg..of an extension of time, in not recorded in the office of the Nye County Recorder within a period of two (2) years after the date of approval. Traffic signs shall be placed in accordance with the MtTTCD standards. At least one (1) sign shall be placed at each 4-way intersection and one at each "T" intersection and shall be installed free of visual obstructions. The developer shall pay cost and installation of the signs.

Special Conditions of Approval

Developer shall construct to Nye County standards Labrador Street and forty-feet (40') of Leslie Street adjacent to the subject property. These streets shall be chip sealed in conformance with the approval granted by the Nye County Board of County Commissioners at the December 17, 2002 meeting. Driveway aprons shall extend from the edge of pavement within the street ROW to the private property and shall conform to the 1996 Standard Specifications for Public Works Construction manual to include: a. The developer shall obtain encroachment permits from Nye County Road Department

for any work within the ROW, b. Developer shall maintain the drainage swales and shall not obstruct flows adjacent to

the subject property, The Owners Certificate, Sunieyors GertiGcate and Title Block must include the Owner's correct names as shown on Document #530471 recorded Febmary 22.2002.

lock must: include the correct range for the property described. The name and titie of the person(s) authorized to sign the Utility Certificates must be print below the signature lines. The name of rhe adjacent p r o p e e owner shown along the south boundary is nlisspelied and must be corrected. The adjacent ROW information shown for File Map 628326 is incorrect. These roads were dedicated and accepted per this map. All abbreviated words must be spelled out or identified under the Le~end (i.e. ded., rej ....,I.

Trese J & Debra Vackar Jufy 21,2003 Page 3

9. Under "References" the word '"ated" must be changed to recorded. 10. Ail streets being dedicated for public use must be identified in the Owners Certificate or shown

as "Pubblic Streets" on the map. I I . Site triangle easements must be shown at all intersection corners in accordance with the

Standard Details and Specifications. 12. All existing streets shall be shown along with their right-of-way dimensions and the location

and dimensions of any gravel and pavement sections. 1 ? l J , Any easement(s) shown must include a statement clearly indicating the purpose of the

easement(s), whether the purpose is public utilities, private driveway, ingress/egress, etc.

When the above items have been addressed, please have your sunreyor forward to this office, the hlyltrr (original map) and a check made pavable to the Nve County Recorder in the amount of $21 .OO for recording fees plus $10.00 for each additional map page to be recorded and $14.00 for recording the first page of any security interest document plus $1 .OO for each additional page to be recorded and $1 .OO for each copy of the recorded map or document that you may need. This office will ensure that the map and document is recorded.

Any applicant or other person aggrieved by a decision of the Planning Commission may appeal to the Board of County Commissioners within t h i m (30) days of the decision. The appeai must be in writing and be accompanied by the required $50.00 fee and clearly specify what part of the decision is being appealed.

Should you have further questions, comments or require additional information, please contact me,

of Cowrie Commissioners Reglonaf Pf mning Commission , Deputy tyX)i&~C.t Attorney

Nye Caarn;ty Public Wa&s Nye Cwnty Road Pahmmp Building & Safety Ron Williams, Director Tonopah Planning File

Paula Eiefante, Chairperson Cnrrick "Bat" Masterson, Vice Chairperson Pamela Livingston, Secretary;Clcrk Gmy Wmier. Mern ber I-iarley Kulkin. Member Sl~Idon Bass, Member Rick Ewing, Pahrump Town Board Member Henry Neth, Nye County Con~rnission L.iaison

Address all wrrcspr~ndence to: Chetyl Beeman, Assistant Director Nye County Plannii~g Department

250 North Highway 160, Suite 1 Pahminp. NV 89060

Phone: (775) 75 1-4033 Fa.: (775) 751 -4032

SEPTEMBER 10,2003 - 7:00 P.M.

BOB RUUD COMMUNITY CENTER-MAIN HALL 150 N. HIGHWAY 160 AND BASIN AVENUE, PAHRUMP, NEVADA

LOCATIONS Noh R u d Community Canter, 150 N H~ghway 160; Nye County Complex, 250 North Highway 160, P$mxnp Town Office,

400 North f-i@iway 160, Pahrump Valley 'Iunes Office, 2160 East Calvada Boulevard, Pahru&p, Nevada,

L - Wehslte h t t p . / / w w nyecounty net

a - a - P - e - - Any person with an action item on the Agenda must be represented at this meeting to answer any qgestions that might arise o r that item may be tabled.

The Community Center Main Hall is accessible to the handicapped. With advance notice wc are pleped to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting. If special arrangements for the meeting are necessary, please notify the Nye County Planning Department in *&ing a t the above address, o r call (775) 751-4033.

i piicant, staff o r

mty Commissioners 1 r result in a different 1

I ujd approach the

Consent Aeenda Items may be considered in one motion. Any perron(s) representing an applicatio with the conditions recommended by staff should request that the item be removed from this portic be heard separately when the meeting has been opened. A ~ e n d a Order: any items ILted on this agenda may be taken out of order if so requested by the a p Commission members with the approval of the Chairperson. All Amnda Items a re considered to be final action unless appealed to the Nye County Board of Cou (BOCC) or unless otherwife stated on the Agenda or announced. Items appealed to the BOCC ma! dedsion or additional conditionslstipulatiunf o r limitations. Bnblic Hearinp: Item* will be considered separately. Any person(s) representing an application sho prrdium as your item is announced. Saeakers must come forward to the microphone, begin testimony by clearly stating your name, dirr wntrmentf to the Cha i rwnon, and thc Chair wllli direct the questions ta the appropriate individual, repeating testimony that has already been provided and be brief and to the point. Biscussions on a] d(iscussions become long-winded, repetitious, or if members in support ur uppsition become rude. persons, please turn-riffor set to a silent mode all cetf-phones o r pagers. Trcnn

-H-------&-p-d-

2

:Ct all questions and j Please avoid 2

n item wili be closed rf , As a courtesy to all tj

PAHKUMP REGIONAL PLANNING COMMfSSlON SEPTE3IBEK 1 0 , 2 0 3 PAGE 2

Call to Order Pledge of Allegiance

Au~roval of Minutes a. None

Apnrovai ofllliodifications to the Aeenda

Corresnondence and Announcements

Commission Reports a. BOCC Liaison Rcpork-BOCC Liaison Henry Neth b. Pahnimp Town Board Liaison Rep-Town Board Liaison Rick Ewing c. American Planning Association (APA) Representative Report-Paula Elefante d. Master Plnnning Steering Committee (MPSC) Rcport-Cary Jubinsky, MPSC Member

Fubllic Comment No action m y be taken upon a matter raised under thts item of the agenda until the matter itself has been specifically included on a future agenda as an action item. (Three-minute time limit per person and speakers arc requested to limit comments to items not on the agenda.)

Action-Consent Agenda (All matters listed under the Consent Agenda arc considered routine and may be acted upon by the Planning Conmission with one action and without extensive deliberation. Any member of ihe Planning Contmission may request that an item be taken from the Consent Agenda and discussed and acted upon separately during this meeting )

a. Amended Parcel Map: of Lots 1 & 2, File Map #532 188 situated in Section 6, Township 225, Range 54E; Pahrump Homestead Partners LLC-ChvnerlApplicant, AP#s 45-471-04 & 05

h. Tentative Subdivision Mao (TM-P-03-W): Tentative Commercial Subdivision Lot (approximately 6.86 acres), Lot 4 of File Map #548331, Section 16, Township 20.5, Range 53E, located on thc north side of Wilson Road between Lola Lane and Margaret Street; Harris L i m i t e m * ner/Applicant, AP# 35-33 1-8 1

c. Street Name (SN-P-03-ml): Request to change the name of an already named and developed street (Mt Falls Boulevard changed to Lalrewlew Drwe) that is located off of CAAS Road and scnes as the guard-gated entrance lnto the Mi. Falls Subdivision, and Request to use the name of Mt Falls Boulevard for an undekeloped and unrlamed street located north of Jeane Avenue between Hafen Ranch Road and State Routc 160 in Section 3, Township 2 1 South, Rangc 54 East. Mt Falls Acqursttion Corpora t ioNvner . . VPoint-Applicant

for liquor sales associated with a restauraxlt on property located in the "Open Use" Distr~ct, W-P-03-(WHIG: from the requzred stra~ght l ~ n e drawing fbr uses rntcnding upon selling Iiquor, on proper@ wltliin Cahada Valley Unit 11 Subdrlilslon. Block 4, Lot 22. known as 290 S Wumahuaea Street approx~mately 300' west of Oxbow Avenue, Section 14, To~.tnsh~p 2115, Range 53E. George Romero--Agphcant, Shirley A M a t m T n r s 1 4 ~ i l e r , ihPll38-233-07

f'aitstrl pldn P r p Ageitdas 20L7 Aperdas I)?OVtri &g dw

PAHRUMP REGIONAL PLANNING COMMISSION SEPTEMBER 10,2003 PAGE 3

9 Modification of Conditions of A ~ p r o v d of Conditional Use Permit (CU-P-03-OOlWI: Request for a modification of the special condition of approval that required the applicant to pave Julie Street across the subject property frontage if used as access or provide engineered, chip-sealed roadway if not used as access; on property described as a portion of the SE M of the SE M of Section 18, Township 2 t S, Range ME, Pam1 1 of File #I 16022,3780 E. Kcllogg Road; Pahrump Valley Vineyards---Ovncr, Jack Sander-Applicant, AP# 45-191-03

10 Petition to Vacate and Abandon Street Right-of-way (AB-P-03-0004): A portion of West Streel abutting Nye County School District (NCSD) property (Manse Elementary School and NCSD Offices) located between Wi!son Road and Yellowhand Avenue (70' between Wilson Road and Long Strcei and 30' between Long Street and Yello~vhand Avenue), Section 15. Township 205, Range 53E; Nye County School Distrlct Board of Trustees-Petitioner, AP#s 35-363-04,07 & 08 and 38-213-47

11 a. Tentative Subdivision Mau (TM-P-03-0002): Marque Estates I Subdivision, Lots 5 & 6 of File Map #84226, Section 31. Township 20S, Range 33E. located on Leslie Street approximately 66N south of Jay bird Street; Trese J. & Debra L. Vackar-Owner/Applicant. APX-s 36-471-27 & 29

b. Variance IVA-P-03-0008): (NCC 16.28.280.4.a. "Street Dedications and Acceptance") Request for a variance to provide chip scal on the cul-de-sac instead of paving; Trese J. & Dcbn L. Vackar4~~nerlApplicant. AP#s 36-471-27 & 29

c. Variance (VA-P-03-0009); (NCC 16.28.280.2.a. "Adequate Public or Private Access") Request for a variance to allow access by way of an easement of forty (40) feet which has already been prowded for this portion of Leslie Street where eighq (80) feet is considered to be "full width"; Trese J & Debra L. Vackw+eer/Applicant, AP#s 36-471-27 & 29

12 a. Tentative Subdivision Ma0 (TM-P-03-0003k Marque Estates I1 Subdivision, Lots 14 & 15 of File Map #84226, Section 31, To~pnship 20S, Range 53E, located at the northwest corner of Leslie Street and EIderberry Street: Tresc J. & Debra L. Vackar-ChunerIAppIicant, AP#s 36-471-35 & 36

b. Variance IVA-P-03-00101: (NCC 16.28 280.4 a."Street Dedcations and Acceptance") Request for a variance to provide chip scal on the cul-de-sac instead of paving; 'I'rcse J. & Debra L. Vackar-O\Nner/Applicant, AP#s 36-471-35 & 36

Action Items: Action will be taken by the Regional Planning Commission on the following items and shall be considered final action unless appmled to the Board of County Commissioners (BOCC) or is othenvise snnuunced. --We--- V" - ~ ~ - a-

13 Discussion and Comment Regarding Drainage Conditions at Vineyards at Rancho Vista Estates, a Citixn's Inquiry: Jlm Levtns--Property Owner, poses questions and problenls with regard to the existing dramage conditions and the impact of adjacent de.celopment on properties known as the V ~ Y ards at Rancho Vista Estates and the Pal\ntnzp Wixle? and RV Park, Section 19 Townskip 20 South, Range 54 East; sltua withm the Town of Pahnmp, lUye C o u n ~ , Nevada

14 Nomination: One ( I ) PRPC member to scrve on thc luyc Count~r Compreherrs~ve and Loi~g-Range Plannr Adtiso2 Board in accordailce wrth OTdinance 140 25%-Kye Count3 h a r d of County Coinrnlssloners

15 Disarssion and Direction Concerning Itens for Future MeetmgsiWorkshops: Set Date, Location and Tme of Future Pahrump Regional Planning Coinnllssion Meetrtlgs

16 Adjournment

TO: Trese J. and Debra L. Vackar

FROM: nt Director

SUBJ3CT: Tectative Subdivisier? h4m (TM-P-93-0002): Iklzzrqzlf: Esktes I Subdi%~icicn, Lets 5 & 6 of File Map #84226, Section 31, Township 205, Range 53E, Iocated on Leslie Street approximately 660' south of Jaybird Street; AP#s 36-471 -27 & 29 and Tentative Subdivision Map (TM-P-03-0003): Marque Estates I1 Subdivision, Lots 14 & 15 of File Map #84226, Section 3 1, Towship 28S, Rmge 53E, located at the northwest Gorner of Leslie Street and Elderberry Street; AP#s 36-471 -35 & 36

DATE: September 1 1, 2003

The purpose of this memorandum is to advise you &at the Pahntrnp Regional P Iming Commission (PWC], at its September 10,2003 meeting, tabled the above-described appficatio supgoaing variance applications for thirty (30) days to the next regularly scheduled Regional Planning Comnxissian meeting of October 15,2003 at 7:00 p.m.

Shouid you have further questions, comments or require additional information, please contact me.

cc: Civilwise Services Pa'nrump Regionai Fianning Commission Public Works Director Nye County Road Department Pahrump Town Manager Chief, Pahrurnp Fire Department Tonopah Pfanni~lg File

7ObOPAH OFFICE . PO BOX i 631 . 1 1 1 4 GI OL3FPAAtLOW LAP& TONOPAri, VE'JAOA 89049

- Pd-IONF 1776) 482-8183 ' Fi;X 1 ? I q l 482-1302 - PAHRCVP OFFICE . 286 NORTH HIGHWAY 160 - # I . PAHRIIMP, MVACO. 99981)

PHONE 17751 151-4033 FAX '7751 7E:-4832

Paula Elefante, Cbiurpzrson Camck "Rat" Mustttrwn, V ~ c e Cliatrperson Vacant Secretary Clerk (;m Warner, Member Ifaticy Ktlikm, Member Sheldon Raw, hfcfctnber Rtck Ewlng, Pahrump Town Board Member hen^ Neih, Nye County Comrntssmu Llason

Address ail comspondcuce to: Charjl Beemaa Assistant D~rector N4.e County Planning Department

250 North fiighway 160, Suite 1 Pahrump, NV 89060

Phone (775) 75 1-4033 F&Y (775) 75 1-4032

NOVEMBER 12,2003 - 7:OO P.M.

BOB RUUD COMMUNITJ CENTER-MAIN HALL 150 N. HIGHWAY 160 AND BASIN AVENUE, PAKRUMP, NEVADA

Any person with an action item on the Agenda must be represented at this meeting to answer any questions that might a r l s e i r that item may he tabled.

The Community Center Main Hall is accessible to the handicapped. With advance notice we arc pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting. Ifspecial arrangements for the meeting are necessary, please notify the Nye County Planning Department in writing a t the above address, o r call (775) 751-4033.

be considered in one motion. Any person(s) representing an application who does not agrse ended by staff should request that the item be removed from this portion of the agenda and

be heard sepraCly shes the aeet ing has been opened. Agenda Ortk~: ar?y items listed on this agenda may be taken out of order if so requested by the appficant, staff o r e%mmimba fP;lefP;lbers wit& the approval of the Chairperson. Ati A ~ e n d a Items are considered to be final action unless appealed to the Nye County Board of County Commissioners @UCC) o r unless otherwise stated on the Agenda o r announced. Items appealed to the BOCC may result in a different decision a r additional conditionsistipulations o r limitations. ;Pubtic BeaFSng E@ems will he considered separately. Any person(s) representing an application should approach the

PANRUMP REGIONAL PLANNING COMMISSION NOVEMBER 12,2003 PAGE 2

Call to Order Pledge of Allegiance

ACTION Election of SecretarylClerk P'unela L~vmgston, Secretary Clerk of the PRPC submttted a letter of resignabon, effectike immediately, to the PRPC at its October 15, 2003 meeting (Note: The Bylaws require the affirmative kote of not less than four (4) menlbers of the Commission to elect Officers.)

Ar,oroval of Minutes a. October 1 5 , 2003

Art~roval of/Modifications to the Agenda

Cot-res~oiIden~e and Announcements

Commission 3Renorts a. BOCC Liaison Report-BOCC Liaison Henry Neth b Pahrump Town Board Lia~son Report-Town Board Liaison R~ck Ewing c. American Planning Association (APA) Representatwe Report-Paula Elefante d Master Planning Steering Committee (MPSC) Report--Gary Jubinsky, MPSC Member

Public Comment No action may be taken upon a matter raiscd under this Item of the agenda until the matter itself has been specifically included on a future agenda as an action item. phree-minute rime lintit per person and speakers are requested to limit comments to items not on the agenda.)

Action-Xonsent Agenda (All matters listed under the Consent Agenda are considered routinc and may be acted upon by the Planning Commlsslon wth one action and without ex3ensive dehberalion. Any member of the Plannmg Conmission may request that an item be taken from the Consent Agenda and discussed and acted upon separately during this meeting.)

a. Parcel Mau (PM-P-03-0021k Di.vtsion of Lot 1 of File Map #203 13, Moorehead Ranch, known as 203 1 E Gameblrd Road, situated on the southeast comer of Gamebird Road and Vick~ Ann Road; Donald Ci. Dial and hucena Miller--Owncr/Applicant, AP# 44- 122- 14

b. Parcel Mar, (PM-P-03-U016): Lot 4 (2.3 Acres) of File Map #203 13 (Moorehead Ranch). known as 4221 S Vtcki Ann Road; Peter & Shirlee I,. Brunelli Jr --Owner/Applicant, APJf 44-122-10

Public Hearing Items-Action will be taken by the Regional Planning Commission on the following and sh& be considered final action unless appealed to the Bard of County Commissioners (BOCC) or is otherwise

9 A 5 00 (goss) acre parcel situated a& 3160 S Lesite, s~tuated approxmakly 660' south of Ja! bwd Street withtn Section 3 1 , 'Township ZOS, Range j3E also known as Parcel 5 of Fife Map #X4226, 'Trese J 8L Debra L Vackw4vner!Appl1cant. AP# 36-471-27

a. Variance (VA-P-03-I)08f: Request for a tanance from NCG 16 28 280.4 a,--Street Dedimtimc and Acceptance, to prot ide ch~p seal on the cul-de-sac instead of paving, 'Tresc J 8L Debra L. Vaclrrtr-4wneriApplrcant. AP#s 3637 I -27

PAHRUMP REGIONAL PLANNING COMMISSION NOVEMBER 12,2003 PAGE 3

b. Variance (VA-P-03-0009k Requcst for a variance from NCC 16.28.280.2.a.-Adequate Public or Private Access, to allow access b) way of an easement of forty (40) feet whch has already been provided for this portion of Leslie Street where elghty (80) feet is considered to be "full wldth: Trese J. & Debra L. Vackar--Owncr/Applicant, AP#s 36471-27

10 Parcel Map (Pkf-P-03-0020): A 5.00 (gross) acre parcel sltttated at 3470 S. Leslie Street, situated at the northwest corner of Leslie Smet and Elderberry Street w ~ t h i n Section 3 I, Township 20s. Range 53E, also known as Parcel 15 of File Map #84226; Trese J & Debra L Vackar-OwneriApplicant, AP# 36-471-36

a. Request for a vanaarce from NCC 16.28.280.4.a.-Street Dedrca tions and Acceptance. to provide chip seal on the cul-de-sac instead of paving; Trese J. & Debra L. Vachr--Owrier/Applicant, AP#s 36-471-35 2% 36

b. Variance (VA-P-03-0011): Request for a variance from NCC 16 28.170.7.a -Subdivision Via Subsequent or Conti g ~ o u s Parcel Map(s), to subdivide via subsequent or contiguous parcel maps, Trese J. & Debra L. Vackar+ner!Appiicant. AP# 36471 -36

I1 Conditional Use Permit (CU-P-03-0009): For a Bulk Fuel Station (Nevada Cylmder Refurbishing) on a five (5) acre parcel located within Forbes Park Subdivision, Block C, known as 285 1 E. Charleston Park Avenue, and situated approximately 1,520 feet east of the Charleston Park AvenueiPowerlmnc Road intersection, within Scction 24, T20S, R53E: Theresa Maric Eustace--Propcrty Owner. John Vasquez-Applicant, AP# 35-404-3 1

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Action Items: Action will be taken by the Kcgjonai Planning Commission on the following items and shall bc considered final action unless appealed to the Board of County Commissioners (BOCC) or is otherwise announced,

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12 Review of Conditional Use Permit (CU-01-006): Relative to progress towards compliance with the condition of approval to obtain commercial water rights and a conunercial septic system for a portable concrete batch plant located at 2091 E. Christine Way, Lot 169, Green Valley Estates Subdivision, Section 12, Township 20 South. Range 53 East, situated wzthin the Town of Pahrump, Nye County, Nevada; Mark D. and Sharon Schmidt-Property Owners, AP# 3 5-268-08

13 Discussion and Direction: Regarding a Proposed Text Amendment to the Zoning Ordinance Rcwsing NCC! Scction 17.04.145.b and c by removing the requirement that an applicant obtain written comments from an active and duly authorized homeowners assoclatlon, architectural review committee or equivalent on planning and Lomng applications-Patricia Cox, Nye County Co~nlnissioner

14 Discussion and Direction: Concern~ng Senate B111354 Amending NRS 278 relative to the requirement to dedicate easements to public utilities that provlde gas, electric, telecomn~unications, water and sewer sewices and any franchised con~munity antenna telev~slon companies- Gornm~ssioncr Harley Kulkm

5 Discussion and Dircctiun: Concermng schcdultng m educatronal ~orkshop In February 200.6 for pla- coirtilltssroners and poss~bly local elected officials and citizens rclatwe ts pIanrtn~g prkciples. use of ordmanccs, purposc and preparation of master plans and related planning acttvlttes (offered by Scott Rudy, Land Use Planner, Dwision of State Lands)

16 Discussion and Dircctinn Conccmmg Itcms for Future Mect~ngsiWorkshops; Set Date. Locat~on and Tme of Future Pahmmp Rcgtonal Plannmg Commlsslon Mcetmgs

17 Adjournment

C I V I ,.WISE SEPVICES; 7 7 5 7 5 1 4 t 1 : i ~ ~ ) r 1 , *

CHERYL BEEMAN, AfCP

ASSISTANT DWXXOR mcoufsrv

DEPARTMENT 250 N. Highway 160

SuitE t Pahntmp, Nevada 8W60

Phone: (775) 75 1-4033 Fax (775) 75 1-4031 cbeeman(gco.nye.nv.w

FAX TRANSMITTAL SENT FROM: TONOPAH OFF'ICE

PAaRUMP OFF'XCE

(FAX #: PAGES f excluding cover):

FROM:

1F ALL PAGES NO'~RE(=ENEI), CALL (775) 482-81 8 1 TONOPGH (775) 75 1 -4033 PAHRUMP

TONGPm OFFICE. PO BOX 153 1 . I f 14 G L U E W m W LANE. TONOPAHAH MWADA 89049 PHONE: (775)482-818i . PAX: (775)482-7302

7 % - 5 - 0 3 ; 1 0 : 14Ab i ;PAXRUMP P L A N N I N G C i V I L L V I S E S E R V i C E S ; i T S 7 5 : 4 0 3 2 # 4,' 4

All documents (except maps) must be submitted on paper that is 8.5 inches by 11 inches in size. There must be a margin of 1 inch on the left and right sides and at the bottom of each page. There must be a space of 3 inches by 3 inches at the upper right comer of the fust page and have a I-inch margin at the top of each succeeding page. m e assessor's parcel number of the property must be placed at the top left corner of the first page of the document. IF THESE STANDARDS AZiE NOT MET, YOUR DOCUME;PJTS WILL NOT BE RECORDED. Requirements of the Recorders office can be found in NRS 1 1 1.3 12 and NRS 247.1 10. Approval of the parceI map shall expire with no possibility of an extension of time if not recorded in the office of the Nye County Recorder within a period of two (2) years after the date of approval.

Special Conditions of Approval

The map shall be revised showing no lot lines extending into adjacent (perimeter) access easement. In such cases where double frontage Iots are unavoidable, restrictions shall be implemented to restrict residential accessfaddressing from the interior street@) only.

The applicants shall pay for the cost and installation of street name signs in accordance with Nye County Public Works Department standards. This cost includes the placement andtor replacement of street name signs at all street intersections affected by this approval. Street sign location(s) and design shdl be in accordance with the Nye County Standard Details and Specifications for Public Improvements within the Pahrump Regional Planning District. 1 - -

& ~ ~ e s i g n and focation of stre%i signs shall be shorn on the engineer's plans for &eet iznprovements and shall be installed prior to final inspection of the roadway.

I 6.

W S w t imrovernatts to Leslie Street and the proposed cul-de-sac streds shall consist of double C~D-sea1 over an engineered sub-base, desim shall be based on a soils investigation in accordance with UBC 1W7. The street im~rovement shall be laced low Leslie Street fiom the centerline of Indole Street intersection with LesIie Street. south to Elderberry Street and shall be 24-feet wide with a flow diteh alone: the west side. Desim and construction plans to be agmoved by the Public Works Devartment. Improvenlent drawinn for all roads shall be submitted to Public Works for amroval and a surety bond established ~ r i o r to construction. Staff recommends that Nve Countv acceDt the chiu sealed portion of and reject the cul-de-sacs.

7.8. Driveway aprons shall extend fiom the edge of pavement within the street ROW to the private property and - shall conform to the 1996 Standard Specifications for Public Works Construction manual to include: a. The developer shall obtain encroachment permits fiom Nye County Road Department for any work

within the public ROW, b, Developer shall maintain the drainage swales and shall not obstruct flows adjacent to the subject

Property, 8. Provide additional width and or depth to comer lots where possible.

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REVISED 12/4/2003 I I Smdard Conditions of Approvd

Final form of the map shall comply with all applicable state and local statutes, ordinances, codes, rules and regulations in effect at the time of recordation as well as compliance with plans, documents, reports, etc. submitted by the Developerfs). Developer shall, at their own cost, perform and complete all work and improvements required by the Board of County Commissioners, state and county statutes, codes, regulations, etc,, and those improvements set forth in the plans, documents and reports submitted by the Developer. improvements shall include, but are not limited to; road constsuction, installation of traffic signage, and any extensions of utility lines to serve the parcels. Shodd the developer submit the map for recordation prim tc, the completion of any required knproverner?ts, the developer ski!! i~clude cost estimates prepared by a civil engineer licensed in the state of Nevada indicating the costs of all remaining improvements. DeveIoper shall be required to provide to Nye County an adequate financial security in an amount equal to 125% of the engineer's estimate, for the completion of the improvements. Appropriate sight triangle easements must be provided at all intersections. For all surface disturbances five (5) acres in size or greater, proof that a "Surface Area Disturbance Operating Permit" has been issued by the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), copy of which must be submitted to the Nye County

For construction activities that disturb five or more acres, a copy ofthe authorization letter issued by the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), stating that the developer's Stomwater Pollution Prevention Plan (SPP) has been approved must be submitted. No construction of public qrovernents shall occur until construction plans are submitted and approved in accordance with the Document Submittal Requirements along with the calculations of the construction valuation, and plans check and inspection fees shall be borne by the Developer@). If the preliminary title report references additional holders(s) of security interest, the written consent of each holder of record of a security interest must be provided by signing the map or by signing a separate document that shall be recorded along with the final map. If a separate document is recorded with the map, the map must contain notation to that bct. At the time of Mylar map submittal, all taxes for the current fiscal year shall be paid in fU. (The Treasurer's signature will be obtained by the Planning Department). Final monments must be set by a professional land surveyor licensed in the State of Nevada before recordation of the Mylar map. The form of the Mylar map shall conform to the requirements outlined within N.R.S. 278.466. Public utility rights-of-ways and easements must be approved by the utilities in whose favor the rights-of- way are being granted by signature of each utility's authorized representative appearing on the map. All utilities servicing the development shall be provided underground except for main lines entering the parcels along the perimeter. Utility easements shall be provided ten (10) feet each side of the centertine A11 utilities servicing the development shall be provided underground except for main lines entering the parcels along thc perimeter. Utility easements shall be provided ten (10) feet each side of the centerline of a11 existing pole lines; and a ten (10) foot public utility easement shall be provided along the perimeter of all properties within the boundary of the map. Water Rights are required to be transferred through the Nevada State Water Engineer's Ome to Nye County in the amount of one and twelve one-hundredth (1.1 2) acre-feet for each additional

(excluding the elvis hat is less than five (5) acres gross in area. Per tbls &ere feet of water P

A $2.00 address fee must be pard to the P a h m p Town Office for each addihonal parcel created. A copy of the receipt must be forwarded to thrs ofice. A fee of $250.00 made payable to the Nye County Planning D e p m e n t for the County Surveyor revtew fee must be pard to h s department pnor to your representative sending the map to the office of the County Smeyor. This office will forward proof of payment to that office.

AGENDA ITEM 8.a. & 8.b.

REXSED STAFF REPORT

I APPLICABLE REGULATIONS 1 I Nevada Revised Statutes Chapter 278.461 through 278.469, Subdivision of Land, NRS 278.3 15 (Special Exceptions); Nye County Code 16.28 (Division of Land Ordinance) and (17.04.1 50 (Variance and Special Exception Procedures).

Nye County Code 16.28.280, Division of Land Ordinance provides:

A. PERIMETER STREET DEDICATIONS AND CONSTRUCTION:

I. Where a one-half width street has been constructed on adjoining property along the perimeter of any subdivision or parcel map proposal and, in the view of the P1anning Commission said street will be necessary for future development, developer shall be required to dedicate and construct a one-half width street tying into the existing one-half street, using similar construction materials (i.e., pit run, type II, chip-seal, pavement). Where adioinin~ one-half width street dedications or easements exist, but no street has been constructed, develoaer may be resuired to dedicate_ propertv for street ~ m o s m dmgf the aafjo&n~ me-half stfeet(st. md the Piannhz Commissirm s l id evaluate tire meed for construction of said one-half streeti's) awd, throwk findinas dull! made, determine ifsfre& c~nslruction s h d Ire required, (emphasis added)

Staff comments: In this particular situation, packar Parcel map case #s PM-P-03-0019 & PM-P53-00201, one- half street widths for the adjacent streets (Honey Way, Stewart Lane & Elderbeny Street) are either private access easements or are dedicated and rejected as indicated per File Maps # 84226 & 116286. None of the adjacent streets we constructed, including Leslie.

The file maps that created the Sacre parcels were recorded in 1984 and in 1997, and with those maps the street configuration was established.

In December 2002, Mr. Vackar went before the BOCC with a request that he be allowed to improve certain streets in order to provide access to parcels. The BOCC granted approval for chip and seal of certain roadways with an engineered sub base and the county would accept the streets for dedication based upon the following conditions:

* Roads would meet county standards, * Applicant will work with Public Works Dept. to insure that all specifications are met,

Burden is on the developer to obtain the required ROW (and dedicated to Nye County).

Staff Recomendatian: That the adjacent streets of Honey Way, Stewart Lane, Elderberry Street and Leslie Street shall be dedicated pursuant to these parcel map applications. That street construction is limited to Leslie Street and the proposed cul-de-sac streets. Street improvements to Leslie Street and the proposed cul-de-sac streets shall consist of double chip-seal over an engineered subbase, design shall be based on a soils investigation in accordance with UBC 1997. The street improvement shall be placed long Leslie Street from the centerline of lndole Sweet intersection with Leslie Street, south to EIderberry Street and shall be 24-feet wide with a flow ditch along thc west side. Design and ~onsbuetiorr plans to be approved by the Public Works D e p m e n t . Improvement drawing for all roads shall be submimd to Public Works for approval and a surety bond esbbiishd pnor to constnrction. Staff recowends that Njie County accept the chip seeled portion of and reject the cul-de-sac$.

Paula Elefnntc, Chairperson Canitik "Bat" Masterson, Vice Chairprson Sheldon Bass, Secretary:Cizrk Gany Warner, Member Harley Kuikiti, Member Cary-Arm Jubinsky, M a m k r Kick Ewing. Pahntmp Town Board Member Henry Neth, Nye County Commission Liaison

Address all corrcspndence to: Cheryl Beeman, Assistant Director Nye Coiinty Planning Department

250 North Highway 160. Suite 'I Ptihruitip! NV 89060

Photic: (775) 75 I&% Fax: (775) 7513032

REGULAR MEETING

DECEMBER 10,2003 - 7:W P.M.

BOB RUUD COMMUNITY CENTER-MAIN HALL 150 N. HIGHWAY 160 AiYD BASIN AVENUE, PAHRUMP, NEVADA

Bob Ruud Comrnunity Center, 150 N H~ghway 160; Nye County Complex, 250 North Highway 160; Pahmnp Town Office, 300 Noith Hlghway 160, iJahmnp Valley runes Offke, 2160 East Calvada Boulevard, I'ahnunp, Nevada, d

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Any person with an action item on the Agenda must be represented at this meeting to answer any questions that might arise o r that item may be tabled.

The Community Center Main Hd1 is accecsible to the handicapped. With advance notice we are pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting. If special arrangements for the meeting are necessary, please notify the Nye County Planning Department in writing at the above address, o r call (775) 751-4f133.

H*w-#a--- * P P e - a - m - u a m r

=KG PROTOCOL: ' Con$ent Agenda Items may be considered in one motion. Any peman(s) representing an application who does not agree with the conditions recommended by staff should request that the item be removed from this portion of the agenda and

g be heard separately when the meeting has been opened. ' Agenda Order: any items listed on this agenda may be taken out of order if so requested by the applicant, staff o r Commission memhers with the approval of the Chairperson.

a re considered to be fmal action unless appealed to the Nye County Board of County Commissioners othenvise stated on the Agenda o r announced. Items appealed to the BOCC may resutt in a different

L, nal conditionclstipulations o r limitations. Public Nenrintr Items will be considered separately. Any perwn(s) representing an application should approach the 1 podium as your item is announced.

i Spcaker~ must came fonvard to the microphone, begin testimony by clearly stating your name, direct all questions ond I

contments to the Chairperson, and the Chair will direct the questions ti, the appropriate Endividuat Ptense avoid 1 repeating testimony that has already been provided and be brief and to the point. Discussionc on an item will be closed if i discustioni kecurne Iong-winded, repetitious, o r if members in support o r opposition become rude. As a courte9y to all

PABRUkIP REGIONAL PLANNING COMMISSION DECEMBER 10,2003 PAGE 2

Call to Order Pledge of Allegiance

Aooroval of Minutes a. October 15,2003

Anorova1 oflModifications to the Agenda

Corresuondence and Announcements

Commission Reoorts a. BOCC Liaison Report-BOCC Liaison Henry Neth b. Pahminp Town Board Liaison Report-Town Board Liaison Rick Ewing c. American Planning Association (APA) Represen&tive Report-Paula Elefante d. Master Planning Steering Committee @iPSC) Report--Cay Jubinsky

Public Comment No action may be taken upon a matter raised under thls item of the agenda until the matter itself has been specifically included on a future agenda as an action item. (Threeminute time limit per person and speakers are requested to limit comments to items not on the agenda.)

Actiorr--Consent Agenda (All matters listed under the Consent Agenda are considered routine and may be acted upon by the Planning Commission with one action and without extensive deliberation. Any member of the Planning Commission may request that an item be taken from the Conscnt Agenda and d~scussed and acted upon separately during this meeting.)

a. Amended Parcel Man @MI-P-03-00111: for dividing 20 acres into four parcels, located at 440 E . Wilson Road. East % Southeast !A Norrhwest %, within Section 15, T20S, R53E; Jerry T. Bledsoe-Otvner/Applicant, AP# 35-321-02

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Public Hearing Items--Action wit1 be taken by the Regional Planning Commission on the following anti shJ be considered final action unless appealed to the Board of County Commissioners (BOCC) or is otherwise

f: Continued Public Hearin~s (Public Hearlng items #8a. and #8b were tabled at the request of the appl~cant's representative froin the November 12, 2003 PRPC meeting to date specific of December 10, 2003 PRPC meeting at 7.00 p nl ,111 Bob Ruud Community Center )

8.a. A 5 00 (goss) acre parcel s~tuated al 3 160 f. Leslie, situated approximateb 660' south of Jay b~rd Strecl w~thin Scctton 3 1, Townsh~p 20S, Range 53E. also known as Parcel 5 of F ~ l e Map ifM226: Trese 3. h Dcbra L. Vackar - ih ner!Applrcmt, AWf- 36-471-27

Variance IVA-P-03-WB): Request for a vanarice from NGC I6 28 280 4 a -Street Ded~cattons and Acceptance to provrdc c h ~ p seal an the cul-de-sac instead of pavmg, Trese 3. & Debra L V a c k a 4 n e r / A p p l i c a n t , APNs 36-471-27

Variance (VA-P-03-W): Request for a vanance from NCG 16.28 280 2 a -Adequate P u b k or Private Access, to allow access by way of an easement of forty (40) feet pihlch has already bccn providcd for this portlon of Leslie Street viliere eighty (80) feet is considered to be "full w d t h Trese J 2% Debra L Vackar - -a neriApplicant, iW#s 36-471 -27

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PAE-IRUMP REGIONAL PLANNING COMMISSION DECEMBER 10,2003 PAGE 3

8.b. Parcel Mao (PM-P-03-0020): A 5.00 (gross) acre parcel situated at 3470 S. Leslie Street, situated at the northwest corner of Leslie Street and Elderberry Street within Section 3 1. Township 20S, Range 53E. also known as Parcel 15 of File Map #84226; Trese J. & Debra L. Vackar-Ovuner/Applicant, AP# 36-471-36

Vaiiance (VA-P-03-0010): Request for a variance from NCC 16.28.280.4.a.-Street Dedications and Acceptance, to provide chip seal on the cul-de-sac instead of paving; Trese J. & Debra L. Vackar-Chvner/Applicant, AP#s 36-471-35 & 36

Variance 0%-P-03-Oiillk Request for a variance from NGG 16.28. i 70.7.a.-Subdivision Via Subsequent or Contiguous Parcel Map(s), to subdivide via subsequent or contiguous parcel maps, Trese J. & Debra L. Vackar-Owl~er/Applicant, AP# 36-47 1-36

Action Items: Action will be taken by the Regional Planning Commission on the following items and shall considered final action unless appealed to the Board of County Commissioners (BOCC) or is otherwise anneunced.

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Review of Conditional Use Permit (CU-01-006): Relative to a bond for ROW improvements and progress towards compliance with the condition of approval to obtain conunercial water rights and a commercial septic system for a portable concrete batch plant located at 2091 E. Christine Way. Lot 169, Green Valley Estates Subdivis~on, Section 12, Township 20 South, Range 53 East. situated within the Town of Pahnuup, Xye County, Nevada; Mark D. and Sharon Schmidt-Property Owners, AP# 35-268-08

Discussion and Direction: Relatlve lo a text amendment that would modify NCC to establzsh 1,000 feet as that certain distance required between busrnesses selhng liquor and public fac~litm, churches. schools, etc. and to allovc restaurants to provlde l~quor semce as an ancdlary actwit), to food service tn the "Open Use" d~strict aud shall not be subject to the proposed drstance Iim~tahons---Commiss~oner Sheldon Bass

Discussion and Direction: Relative to the placement of standard conditions of approtal on vacation & abandotuilcnt ofright-of-way (ROW wlth regard to any such ROW that is not used for the purposes for which ~t was abandoned within a time specified, the ROW would revert back to Nye County--Commiss~oner Gany Warner

Discussion and Decision Concerning ChanPinp the Start Time of the PRPC Meetings: Staff is requesting the starting time be moved to 5:30 p.m. or 6:00 p.m. due to the length of the majority of the meetings-Planning Staff

Discussion and Direction Concerning Items for Future Meetings~orkshops; Set Date, Location and Time of Future Pahnimp Regional Planning Comm~ssion Meetings

MEMORANDUM

TO: Trese J. & Debra Vackar

FROM: C ~ss i s t an t Planning Director

SUBJECT: Pahrump Regional Planning Commission's Action Relative to Parcel Map Applications (two separate five (5) acre parcels to be divided into four (4) parcels each and Variance Applications to allow chip-seal on the cul-de-sac streets instead of paving and to allow access to be provided by way of an existing forty (40) foot easement where eighty (80) feet is considered to be fuiI width)

CASE NO(s): PM-P-03-00 19, VA-P-03-0008 & VA-P-03-0009 PM-P-03-0020, VA-P-03-00 10 & VA-P-03-00 1 1

DATE: December 24,2003

The purpose of this memorandum is to advise you that the Pahrump Regional Planning Commission has reviewed and approved the above-described Maps and Variances sub-ject to the following standard and special conditions of approval:

Standard Conditions of Approval

Final form of the map shall comply with all applicable state and local statutes, ordinances, codes, rules and regulations in effect at the time of recordation as well as compliance with plans, documents, reports, etc. submitted by the Developer(s). Developer shall, at their own cost, perform and complete all work and improvements required by the Board of County Commissioners, state and county statutes, codes, regulations, etc., and those improvements set forth in the plans, documents and reports submi&d by the Developer. Improvements shall include but are not limited to, road construction, installation af traffic signage, and any extensions of utility lines to sewe the parcels. Appropriate sight triangle easements must be provided at all street intersections. For all surface disturbances, five (5) acres in size or greater proof must be submitted that a "Surface Area Disturbance Operating Permit" has been issued by the Nevada Department of Conservation and Nahiral Resources, Division of Environmental Protection (NDEP). For construction activities that disturb five or more acres, a copy of the authorization letter issued by the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), stating that the developer's Stormwater Pollution Preventm Plan (SPP) has been approved

No constrttction of public improvements shall occur until construction plans are submitted and approved in accordance with the Document Submittal Requirements along with the eaicriIations of the consmction valuation, and pIans check and inspection fees shall be borne by the Deveioper(s). If the preliminaq title report references additional holders(s) of security interest, the written consent of each holder ---- of record of a security intere* must be provided by signing the map or by signing a separate

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Trese J. and Debra Vackar December 24,2003 Page 2

document that shall be recorded along with the final map. If a separate document is recorded with the map, the map must contain notation to that fact. At the time of Mylar map submittal, all taxes for the current fiscal year shall be paid in full. (The Treasurer's signature will be obtained by the Planning Department). Final monuments must be set by a professional land surveyor licensed in the State of Nevada before recordation of the Mylar map. The form of the Mylar map shall conform to the requirements outlined within N.R.S. 278.466. Pubiic irtifityrights-of-ways and easements must be approved by the utiiities in whose favor the rights- of-way are being granted by signature of each utility's authorized representative appearing on the map. Utilityeasements shall be provided ten (10) feet each side of the centerline of all existing pole lines; and a ten (10) foot public utility easement shall be provided along the perimeter of all properties withill the boundary of the map. Water Rights are required to be transferred through the Nevada State Water Engineer's Office to Nye County in the amount of one and tweive one-hundredths (1.12) acre-feet for each additional parcel created (excluding the existing parcel) that Is !PSS than five ( 5 ) acres gross in area. Per these two parcel maps, 6.72 acre feet (3.36 per parcel map) of water rights are required. A $2.00 address fee must be paid to the Pahrump Town Office for each additional parcel created. A copy of the receipt must be forwarded to this office. A fee of $250.00 made payable to the Nye County Planning Department for the County Surveyor reviewfee must be paid to this department prior to your representative sending the map to the office of the County Surveyor. This of ice will forward proof of payment to that office. Pursuant to Nevada Revised Statutes all documents submitted for recording (except maps) must be submitted on paper that is 8.5 inches by 1 1 inches in size. There must be a margin of 1 inch on the left and right sides and at the bottom of each page. There must be a space of 3 inches by 3 inches at the upper right comer of the first page and have a 1-inch margin at the top of each succeeding page. The assessor's parcel number of the property must he placed at the top left comer of the first page of the document. IF THESE STANDARDS ARE NOT MET, YOIJR D O C W N T S MAY NOT BE RECORDED. NONCONFORMING DOCUMENTS WILL BE CHARGED ADDI'FIONAL FEES. Requirements of the Recorders office can be found in NRS 1 1 1.3 12 and NRS 247.1 10. Approval of the parcel map shall expire with no possibility of an extension of time if not recorded in the office of the Nye County Recorder within a period of two (2) years after the date of approval.

Special Conditions of Approval

The map shall be revised showing no lot lines extending into adjacent (perimeter) access easement. In such cases where double frontage lots are unavoidable, restrictions shall be implemented to restrict residential access/addressing to the interior street(s) only. The applicants shall pay for the cost and installation of street name signs in accordance with Nye County Public Works Department standards. This cost includes the placement andlor replacement of street name signs at all sqreet intasections afTected by this approval.

locationjs) and desi shall be in accordance with rhe Nye County Stan and Specifications for Public Improvements within the Pahmmp Regional Planning District. Design and location of street signs shall be shown on the engineer's plans for street improvements and shall be installed prior to final inspection of the roadway.

Trese J. and Debra Vackar December 24,2003 Page 3

c( Street improvements to Leslie Street and the proposed cul-de-sac streets shall consist of double chip- - seal over an engineered sub-base; design shall be based on a soils investigation in accordance with UBC 1997. The street improvement shall be placed along Leslie Street &om the centerline of Indole S&eef intersection with Leslie Street, south to Elderbeny Street and shall be 24-feet wide with a flow ditch along the west side. Design and construction plans to be approved by the Public Works Department. Improvement drawings for all roads shall be submitted to Public Works for approval and a surety bond established prior to construction. Staff recommends that Nye County accept the chip sealed portim of Lesiie Street and reject the cul-de-sacs; therefore, the approval certificare on the Mylar must refiect that

- / \ action.

i 7 1 Driveway aprons shall extend from the edge of pavement within the street ROW to the private property '.

d shall conform to the Standard Details and specifications manual to include: /a . j The developer shall obtain encroachment permits from Nye County Road Department for any i _

work within the public ROW, and b. Developer shall maintain the drainage swales and shall not obstruct flows adjacent to the

subject property. 8. Provide additional width and or depth to corner lots where possible

IMPROVEMENT PLANS AND CONSTRUCTION STAGE:

Three (3) sets of construction plans shall be prepared for all required improvements and submitted to the Nye County Planning Department for distribution to the appropriate reviewing agencies. The construction plans shall be in a form and contain the necessary information as called out in the Document Submittal Requirements. Plan check and inspection fees shall be paid by applicant pursuant to Nye County Resolution NO. 2000-08.

You are required to submit street names to the Planning Department for the cul-de-sac streets for review and approval. Staff recommends that you submit at least three (3) names for each proposed street, in order of your preference for use. The proposed names must con~ply with the current Smet Naming and Numbering Ordinance adopted by the Board of County Commissioners.

SUBMiTTING THE MYLAR MAP:

The Mylar map shaII be accompanied by a memorandum fiom the Director of Public Works that the County has reviewed and approved the engineered "as built" plans showing all required improvements and/or utilities in exact location and elevation. This memorandum shall indicate a recommendation concerning the acceptance or rejection of all offers of dedication, and a statement of review of the cost estimates that have been prepared by a civil engineer Iicensed by the State of Nevada, for any incomplete required improvements and that the Public Works Director concurs with those estimates.

When the above items have been addressed, please have your surveyor forward to this office the Mylar (original map) pius one paper G a check made payable to the Nye Corinty Recorder in the aznouiit u $21.00 for recording the map p .00 for each additional page to be recorded and $1.00 for each copy recorded map that you may need. This office will ensure the map is recorded.

Under no circumstancm shall any map record within 31)-days after Gnai action in order to atlow the statatow apaeal time frame to pass.

Trese J. and Debra Vackar December 24,2003 Page 4

Note: (DO NOT CIRCULATE Tf-IE MYLAR FOR JUIiAT SIGNATURES UNTIL YOU RECEWE A "FINAL ACTION mMORANDUMW FROM THE PLANNING DEPARTMENT REGARDING THE FINAL ACTION TAKEN BY THE APPROPRIATE BODY. RU' ORDER TO SUBMIT THE MYLAR MAP, YOU MUST ATTACH A COPY OF THE FINAL ACTION MEMORANDUM TO THE SUBMITTAL).

Should you have any questions or need additional information, please call me.

cc: David Richards, Civilwise Services Pahrump Building and Safety Nye County Public Works Nye County Road Department Nye County Assessor Ron Willimx, Planning Director Tonopah Planning File

TELEPHONE (775) 751-3773 FAX (775) 751-3778

* F A X

TO:

FROM: BRENT STEED SENIOR BUILDING INSPECTOR

RE: Approval for Avca's subdivision

# OF PAGE) -1-

The two subdivisions that are Avco's at Leslie south of Indole, Elder Leslie streets are complete. If you have any questions, please call me.

/ Senior building inspector

c.c. Avco

Canick "Hat" Masterson, Chairperson Sheldon Bass, Vice Chairperson Gar).-Ann fubio~ky, Secretar).'Clerk VacanC Member Gam Warner, Member Walt Kuver. Member Jeanns Howard, Phnitnp Town Board Member Patricia Cox, Nye County Commission Liai,wn

Address all conespndetlee to. Chepl Beeman, Assistant Dtrector N,e Count). Planning Department

250 North J l l g f t ~ ~ 160, Suite I Pahrump, NV 8W50

Phone (775) 751-4033 Fax (775) 7514012

PAIFRUMP REZPONAL PEAmING COMMISSION REGULAR MEETING

OCTOBER 13,2004 - 6:00 P.M.

BOB RUUD COMMUNITY CENTER-MAIN HALL 150 N. HIGHWAY 160 AND BASIN AVENUE, PAHRUMP, NEVADA

Any person with an action item on the Agenda must be represented at this meeting to answer any questions that might arise or that item may be tabled.

The Community Center Main Hall is accessible to the handicapped. With advance notice we are pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting, If special arrangements for the meeting are necessary, piease notify the Nye County Planning Department in writing at the above address, o r call (775) 7513033.

, " - - Xl---vd *-me-ealrr *--a U *---

MEETZlVG PROTOCOL: Consent Aeenda Items may be considered in one motion. Any person(s) representing an application who does not agree with the conditions recommended by staff should request that the item be removed from this portion of the agenda and be heard separately when the meeting has been opened. Agenda Order: any items listed on this agenda may be taken out of order if so requested by the applicnnt, staff o r Commission members with the approval of the Chairper\on. All Awnda B ; l are considered to be final action unless appealed to the Nye County Board of County Commissioners (BOCC) or unless otherwise stated on the Agenda o r announced. Items appealed to the BOCC may result in a different decision o r additional conditions/stipulations o r limitations.

will be considered separately. Any personls) representing an application ~ h o u i d approach the podium as your item is announced. Swakers must come furward to the microphone, begin testimony by clearly ~ t a i i n g your name, direct all questions and camnents to the Chairperson, and the Chair wilt direct the questions to the appropriate individual. Please avoid repeating estimony that has already heen provided and be brief and to the point. Discussions on an item will be closed if di~cussions become long-winded, repetitious, o r if members in support o r oppositian become rude. As a courtesy to a11 persons, please turn-affor set to a silent mode all cefl-phones or pagers. Thank you for attending tonight's meeting. - * - - - - * - 7 ~ ~ " . .

PARRU;I.JP REGIONAL PLANNING COMMISSION OCTOBER 13,2003 PAGE 2

Call to Order Pledge of Allegiance

W r o v a l of iMinutes a. September 15, 2004

Annroval oflModifications to the Agenda

Corresnondence and Announcements

Commission Reports a. BOCC Liaison Report-BOCC Liarson Patricia Cox b. Pahrump Town b a r d Liaison Report-PTB Liaison Jeanna Howard c. Master Planning Steering Committee (MPSC) Report-Walt Kuver d. Statc of Nevada Land Use Planning Ad\-isory C o u n c i ~ S h e l d o n A. Bass

Public Comment No action may be taken upon a matter raised under this Itern of the agenda until the matter itself has been specifically included on a'future agenda as an action item. (Three-minute time limit per person and speakers are requested to limit comments to items not on the agenda.)

Consent Agenda: - T&e falfowing are items that may be considered in one triotiordone vote, They are cons~dered routine non-pubhe and public haring items that have no protests, waivers from the code or condition changes by lhe applicant or staff All publ~c hearrngs and nm-publtc hearings WE be opened at one tme Any person represenlmg an oppllcation or a member of the pubhc or a member of the p l m m p comwsslon nut 111 agreement wlh the wmdihons and all standard condlt~ons for the apphcatton recommended by stair, should request to have thiit Item removed from this part of the agenda

7 ZC-P-04-0013: (Conforn~ing) Zone Change Application from the Open Use District to the Multi-Fannly District for property Master Planned as Medium Density, 173 1 S. Pershing Avenue. Calvada Valley Unit 7, Block 26, Lot 10, situated approximately 720 feet north o r Calvada Boulevard. S&R Properties Inc-Qwi~er, Ray Sandoval-Applicant; AP# 38-672-02

8 ZC-P-M-IKU4: (Cod'oming) Zone Change applicatioil of approximatdy 30,056 square feet of property from she Open Use (Protective Covenant Overlay) District to General Conmercial on property Master Planned as General Commercial, 390 S Nevada Htghway 160, s~tuatcd on S Nevada Highway 160. If approved would allow for the development of a comn~erclal retarl buildmg, Pacfie Home Starcrest LLC-Property Owner, Pcrlman Architects. 1nc.-Applmnt; AP838-213-58

9 ZG-P-04-016. (Co~lfonning) Zone Change application of approxinlately 5-acres of property from thc Open Use (OU) Dlstnct to Rural Estates (RE) on propew Master Planned as Low Density Residential (n~~ninium lot size 1 225-acre net), on property smated at 3220 S Leslie Street between Honcy Way and Garc~a Road. If approved would allow for further development of s~nglc-fainily resldeiltnal lois Trese J and Debra l'ackar-Properg Oiriner,'Applrcant. AP#: 36-471-29

PAHRUMP REGIONAL PLANNING CORIMISSION OCTOBER 13,2004 PAGE 3

ZC-P-04-0017: (Conforming) Zone Change application of approximately 5-acres of property fro111 the Open Use (OU) District to Rural Estates (RE) on property Master Planned as Low Density Residential (minimum lot size 1.25-acre net), on property situated at 372 1 S. Big Sky Way between Brick Lam and Harp Way. This application is in conjunction wi& WV-P-04-0005 and PM-P-04-0014 (Agenda Items 16 a. & b.) and if approved would allow for the development of four single-family residential lots. DLV, Inc-Property Ow~lerlApplicant; AP#: 36471-47

ZC-P-04-0018: (Conforming) Zone Change application of approxin~ately 5-acres of property from the Open Use (OU) District to Rural Estates (RE) on property Master Planned as Low Density Residential (minimum lot size 1.25-acre net), on property situated at 3601 S. Big Sky Way between Elderberry Street and Brick Lane. If approved would alIow for fwthcr development single-fmiiy residential lots. Trese J and Debra Vackar-Property Owner/Applicant; AP#: 36-471-40

ZC-P-04-0019: (Conforming) Zone Change application of approximately 5-acres of propert?; from the Open Use (OU) District to Rural Estates (M) on property Master Planned as Low Density Residential (mkirnuru lot size 1.25-acre net), on property situated at 3410 S. Leslie Street situated at the northwest corner of Labrador and Leslie Streets. If approved would allow for further development of single-family residential lots Trese ! and Debra Vackm-Propc-rty hner!Applicm!; APf: 36-471-35

ZC-P-04-0021: (Confonuing) Zone Change application of approximately 5-acres of property from the Open Use (OU) District to Rural Estates (ICE) on property Master Planned as Low Density Residential (minimum lot size 1.25-acre net). on property situated at 3661 S. Big Shy Way between Brick Lane and Harp Way. If approved would allow for further development of single-family residential lots. Diana L. & Linda Northcutt-Property OwnerfAppllcant; AP#: 36-471-43

" .. - - w p _ X _ _ _ _ _ I *-ma*-#%-"* ----- Public Hiearinp Items-Actim will be taken by the Regional Planning Commission on the foliowing and sh be considered final action unless appealed to the Board of County Commissioners (BOCC) o r is otherwise announced.

--&-&-~~ ~ -- - --- - 14 CU-P-04-0011: Conditional Use application for the expansion of an existing noneonfoming use (RV Parli)

purstwnt to NCC 17.05 150 on property Master Planned as Low Density Residential, 2810 Lorelei Street, s~tuated on Lorelei Street approximately 620 feet west of Homestead Road, Laura Gimbalvo DRA RV Ranch Resort LLC-Property OwnerlApplicant: AP# 44-52 1 - 13

15 ZC-P-04-OM2: (Non-Conforntmg Zone Change application from tile Qpen Lse D~str~ct to the Netghborhood Cominerctal D~stnct for proper5 Master Planned as L,ow Dens@ Restdentd, 5661 S V I C ~ I A m Road, sltuated on Vlckie Ann Road approx~mately 600-feet south of Hentage Dr~veN~ckie Ann Road IntersectJon If approved would allow for the property to be developed as a Beauty Shop, Ella V~llegas-Property ChnerlApplleant, AP# 44-55 1- 12

15 a W-P-0.1-0005 Wawer apphcatzon from NCC 16 28 170 (Parcel Maps), \therebr NCC requrres that submittal of parcel maps applicanons serlatim and cokering properms that are contiguous such a c t ~ l t j I$ ~n fact subdr~ ~dmg and shall be dtsapproved Subject property is whaled at 3721 S Blg Shv W q bet~seen Bncb Lane and Harp Way Th~s applrcat~on 1s In coiljunctron w ~ t h ZC-P-04-Of117 and PM-P-04- 0014, and ~f appro+ed would aliow for fu er actrons to be taken on the parcel map applrcatzon DLV, kc--Property &neriApplrcmt, Apt 76-471 -47 (See also Agenda Item # 10)

PAHRUMP REGIONAL PLANNING COMMISSION OCTOBER 13,2004

b. PM-P-M-0014: Parcel Map application of approxin~ately 5-acres of proper@ into four lots (lot sizes ranging from 47,119 to 50,495 square feet (net) and Master Planned as Low Density Residential (minimum lot size I-acre), on property situated at 3721 S. Big Sky Way between Brick Lane and Harp Way. This application is in conjunction with WV-P-04-0005 and ZC-P-04-00 17, and if approved would allow for the de~clopmcnt of four single-family residential lots. DLV, lnc-Property Owncr/Applicai~t; AP#: 36-47 1-47

a ZC-P-M-0015: won-Conforming) Zone Change application of approximately 5-acres of proper8 from the Open Use District to General Commercial and Mixed Use Commercial for property Mastcr Planned as Low Dcnsity Residential; 71 S. Corbin Street on E. Basin at the southeast corner of Corbin Street and Basin Avenue. If approved would allow for the developnlent of a nighiclub (nc adult entertainment), restaurant, rental hallibanquet facility with rental apartnlents and/or condominiums and single-family residence, Jose Mendez and Karen Ongtengco-Property OwnerlApplicant; AP#27-55 1-01

b. CU-P-04-0013: Conditional Use Pennit application on approxinlately 5-acres of property for liquor sales in the Mixed Use District on property Master Planned as Low Density Residential; 71 S. Corbin Street on E. Basin at the southeast comer of Corb-bin Street and Basin Avenue. This application is in conjunction with ZC-P-04-0015 and if approved would allow for liquor sales to take place in conjunction wiah the nightclub (no adult entertainment), restaurant, rental hall and banquet facility. Jose Mendez and Karen Ongtengco--Property Owners, Civilwise Services-Applicant; AP#27-55 1-01

ZC-P-04-0020: won-Conforming) Zone Change application of approximately 2.28 acres from the Open Use (Protective Covenant Overlay) District to Multifanamily District on property Master Planned as Low Density Residential; Located at 2760 and 2790 E. Dandelion St., Lots 7 & 8. Block 25, Calvada Valley Unit 2 situated between Oakridge Avenue and Homestead. If approved would allow for the developnlent of multi-family housing units; David Moore-Applicant, Nye County Treasurer & William Kuhn-Uwners: AP#s 42-563- 17 & 42-563-18

ZC-P-04-0022: (Non-Confonnmg) Zone Change application of approximately 67,500 squarc feet of property from the Open Use (Protectwe Covenant Overlay) District to General Commercial for property Master Planned as Medium Density Residential; 162 1, 164 1, 166 1, 168 1. 170 1, S. Dandelion Street, situated on S. Dandehoin Street between Honeysuckle Street and Pocahontas Avenue. If approved would allow for the dcvclopment of two professional serviccs building, NSLV Development Corp.-Property Owner, Civilwise SC~i~C~-Applicant; AP#s38-85 1-24 through 28.

ZC-P-04-0023: (Non-Conforming) Zone Change application of approximately 30,000 square feet of property from the Open Use (Protective Covenant Overlay) District to General Commercial for property Master Planned as Medium Density Residential; 1441 and 1461 S. Dandelion Street, situated on S. Dandelion Street between Moccasin Avenue and Haiwee Street. If approved would allow for the development of a professional services building, HSLV Development Gorp.-Property Owner, Civilwise Services-Applicant; APs#3X-50 1- 19 and 20

ZC-P-04-OUD. @on-Conformmg) Zone Change appilcatton from the Open Use (Protectwe Covenant Oierlay) Dsstrlct to General Coinmercisl for property Master Plmned as Multi-fan1113 Resident~al, 561 S Ram Dance Drivc, smated on S Ram Dance Drite at thc nodleast corner of Ram Dance arid East Street If appro~cd would allow for the dcvelopmcnt of a professional services buriding, HSLV Dc.velopment Corp -Property 01-\ ner, CI\ liw~se Serri~ccs-Appllcsnt APff3X-25 1-0 1

PAHRUMP REGIONAL PLANNING COMMISSION OCTOBER 13,2W

ZC-P-0-1-0025: (%on-Conforming) Zone Change application of approximately 120,000 square feet of property from the Open Use (Protective Covenant Overlay) District to General Commercial for property Master Planned as Multi-family Residential; 630, 640. 650, 650, 670, 680,690, and 700 S. Rain Dance Drive, situated on S. Rain Dance Drive between East Street and Hwy 372. J f approved would allow for the development of a professional services building, HSLV Development Gorp.-Property Owner, Civilwise Services-Applicant; AP#38-252-03 through 10

ZC-P-04-0026: mon-Conforrningf Zone Change application of approximately 30,000 square feet of property from the Open Use (Protective Covenant Overlay) District to General Comtnereial for property Master Planned as Multi-family Res~dentia:, 621 and 631 S Rarrl Dance Drite, situated on S. Rain Dance Drive between East Street and Nevada State Hwy 372. If approved would allow for the developn~ent of a professional scrvices buildmg, HSLV Development Corp.-Property Owner, Civilwise Services-Applicant: AP#s38-25 1 -O6,O7

ZC-P-04-0027: won-Conforming) Zone Change application on approximately 4.5-acres of property from Open Use to Heavy Indusirial within an area Master Planned as Mixed Use: 1340 W. Nevada Hwy 372 sihated bemeen Charlesten Park Avenue and Nevada Hwy 372, approximately 660-feet east &om thc David Street alignment. If approved would allow for a truss nlanufacturing plant to take place on the subject property. Acme Fran~ing Con~ponents LLC-Property Owners & Applicants; AP#36-381-02

AB-P-04-0002: Petition to Vacate and Abandon a portion of the Public Right-of-way approximalely 235 feet of srxty (60) foot easement beginning at the West end of Station 1 Yard contiming west to the end of the grassed fenced ball field, Section 10. Township 20 South, Range 53 East; Unincorporated Town of Pahrump-Petitioner; AP# 35- 12 1-15, Waiver of Fee Requested by the Town cf P a h m p

AB-P-04-0003 Recommendations Only on a Petition for Road Abandonment: of a portion of the south one-half of Keenan Way, further described as the north thirty (30) feet of the southeast one-quarter of the southeast one-quarter of the southeast one-quarter. excepting the east forth (40) feet, of Seeuon 14, Township 21 South, Range 53 East, located at the ~ntersecllon of Keenan Way and V ~ c h Ann Ebulevard; Franctse Keenan-Petitioner; AP# 44-62 1-13

+a- - " # a M - P & - s > - - w & b a - -e---------***-* ,'%s s ,-A -a a a - Old Business : Action will be taken by the Regional P h n i n g Commission on the following items and shall be considered final action unless appealed to the Board of County Commissioners (BOCC) or is otherwise anmunced. _ - - - ---- - --#~-,&a'

27 CU-P-04-0010: Condlhonal Use applicat~on for auto body repair on property Master Planned as Mixed Usc, 2250 S. Hwy 160, Calvada Valley Unrt 2, Block 1, I& 41, srtuated on the south srde of Hwy 160 approximately 650 feet north of the Homestead Roadlflwy I60 intersection, Auto Body Connectron LLC-Property Chmers, Pacific Concept-Applicant; AP# 42-3 1 2-08

28 a, ZC-P-04-0007: (Conforming) Zone Change application from the Open Use Dtstrict to Vlllage Residential 8,000 Square ft. lot nlinirtlum (VR-8) Drstrict for property Master Planned as Mediunl Dens~ty Residential and M~xed Use, on property generally known as 6380 S. Homestead Road, and ~nclud~ng Parcel

#489237. Parcel 1 of file Map #5??453 an at :! of To.r\in&lp 2 1 Sou&, 53 East, Secl~on 13. situated south of Thousandalre Boulevard, north of Keilogg Road. west Hornestead Road and east of Oakrrdgc A~enue; Concordla Homes of Nevada Inc and Kellogg Estates LLC-Property Chtriers, Concordia Hotnes of Nevada Inc and DeI-Mar Development LLC-Applrcants, AP# 44-561-19, 18, l9& 20

PAWRUMP REGIONAL PLANNING COMMISSlON OCTOBER 13,2004 PAGE 6

b. TM-P-O4-(M06: Tentative Subdivision Map application for a project known as "Plcasant Valley Subdivision", comprised of 833 single-family residential lots, 2 utility lots. 1 park site and 1 I landscape lots, on property generally known as 6380 S. Homestead Road, and including Parcel 1 of File Map #489237, Parcel 1 of File Map #577453 and Government Lot 2 of Township 21 South, Range 53 East, Section 13, on property Maskr Planned as Medium Density Residential and Mixed Use, situated south of Thousandaire Boulevard, north of Kellogg Road, west Homestead Road and east of Oakridge Avenue; Concordia Homes of-Nevada Inc. and Kellogg Estates LLC-Property Owners, Concordia Homes of Nevada Inc. and Del-Mar Development LLC-Applicants; AP# 44-561-15, 18, 19 & 20

Discussion and Possible Adoution of ChangesiRevisionsiAments to the following:

a. P a h m p Regional Planning Commission Bylaws

Discussion and Direction Concerning Items for Future MectingsMorkshops; Set Date, Location and Time of Future P a h m p Regional Planning Commission Meetings

Adiournment

PAHRUiW REGIONAL PLANNLNG COMMISSION MEETLNG OCTOBER 13,2004 6:05 P.M.

1 Call to Order and Roll Call

1. The meeting was called to order in the Main Hall of the Bob Kuud Community Center in Pahrump, Nevada at 6:05 P.M.

Members in Attendance

Members Absent:

Planning Staff: Ron Williams

District Attorney's Staff:

Carrick 'Bat" Masterson , Sheldon Bass Cary-Ann Jubinsky Carry Warner Jeanette Howard, Walt Kuver

PTB Liaison Patricia Cox,

Cheryl Beeman; Carla Clayton

Kon Kent

2. There were no mirrutcs prcseiited for approval.

3. Mr. Williams advised that the new owner of Quail Valley Estates has withdrawn the subdivision application.

4. There were no Commission reports.

5. There was no public comment offered.

6. Mr. Williams requested that Item 7 be pulled for discussion.

Commissioner Bass motioned to approve the consent agenda i tem 8, 9,10,11,12, and 13 and moving item 7 to the regular agenda for discussion. Secon&d by Commissioner Howard Motion carried All items approved in the consent agenda will be heard on the October 19,20114 County Commission agenda.

Discussion - Item 7. Kon Williams explained to the Commission that the property owner wants to build a duplex in a multi family use zone and the property is medium density residential on the land use map, which allows multi-family.. Williains recommends Commission approval.

Commissioner Kuver motioned to approve P-04-0013purs.uant to Planning stuffs recommendations. Seconded by Commissioner Howard, motion carried

Item 14 CU P 04-0011 (Conforming) Zone Change Application from the Open Use District to the Multi-Family District for property Master Planned as Medium Density, 1731 S. Pershing Avenue, Calvada Valley Unit 7, Block 26, Lot 10, situated approximately 720 feet north of Catvada

Laura Giambalvo, pro rty owner, addressed the Commission and stared that she planned to comply with all requirements. I'lanning statYrecommended approval of the conditional use application. There was no public comment.

October 13, 2004 RPC k4inutes Page I

Commissioner Bass motioned to approve with d l recommended standard and special conditions. Seconded by Conrmissiuner Howard, motion carried

Item 15 ZC P 04-0012 (Non-Conforming) Zone Change application from the Open Use District the Neighborhood Commercial District for property Master Planned as Low Density Residential; 5661 S. Vicki Ann Road, situated on Vickie Ann Road approximately 600-feet south of Heritage DriverVickie Ann Road intersection. If approved would allow for the property to be developed as a Beauty Shop, Elia Villegas--Property OwnerlApplicant; AP# 44-551-12

Elia Villegas, property owner, addressed the Commission and asked for approval of her application. Staff recommended holding the item in abeyance at this time. Five letters of comment were filed on this item. All five were against the construction of a beauty shop at the Viilegas property. All comment letters are hereto attached and incorporated by reference. There was no public comment. After explanation, the property owner agreed to have the application held in abeyance.

Commissioner Bass motioned to hold item in abeyance to allow stagsufficient time to develop standards, policies and guidelines for the Master Plan amendment process. Seconded by Commissioner Jubinsky, motion carried

Item 16 a WV P 04-0005 Waiver application from NCC 16.28.170 (Parcel Maps), whereby NCC requires that submittal of parcel maps applications seriatim and covering properties that are contiguous . . .such activity is in fact subdividing and shall be disapproved. Subject property is

situated at 3721 S. Big Sky Way between Brick Lane and Harp Way. This application is in conjunction with ZC-P-04-0017 and PM-P-04-0014, and if approved would allow for further actions to be taken on the parcel map application. DLV, Inc--Property OwnerIApglicant; AP#: 36-471-47 (See also Agenda Item # 10)

Planning staff recommended disapproval based on the Division Land Ordinance. It (Ordinance) was written in a manner that eliminates the process of creating subdivisions via subsequent and adjacent parcel maps. There was no public comment.

Commissioner Bass moiioned to deny applicaliort for waiver based on stafffjindings. Seconded by Commissioner Howard, motion carried

.Item 16b PM P 04-0014 Parcel Map application of approximately 5-acres of property into four lots (lot sizes ranging from 47,119 to 50,495 square feet (net) and Master Planned as Low Density Residential (minimum lot s h e 1-acre), on property situated at 3721 S. Big Sky Way between Brick Lane and Harp Way. This application is in conjunction with WV-Y-04-0005 and ZC-P-04-0017, and if approved would allow for the development of four single-family residential lots. DLV, Ine-Property OwnerlApplicant; AP#: 36-4'71-47

Dave Richards, Civil Wise, agent for property owner addressed the Commission and requested tabling of the parcel map portion of the request.

Commiwioner Bass motiuned to table at applicant '.s agent'.$ request. Seconded by Commissioner lictward, motion carried

Item 17 a and b ZC P 04-0015 (Non-Conforming) Zone Change application of approximately 5 -acres of property from the Open Use District to General Commercial and Mixed Use Comnlercial for property Master Planned as Low Density Residential; 71 S. Corbin Street on E. Basin at the

October 13, 2004 KPC iviinutes Page 2

southeast corner of Corbin Street and Basin Avenue. If approved would allow for the development of a nightclub (no adult entertainment), restaurant, rental hallhanquet facility with apartments andlor condominiums and single-family residence, Jose Mendez and Karen Ongtengco-Pro perty OwnerlApplican t; AP#27-551-01

Karen Ongtengco, property owner, addressed the Commission and explained her plans for the property. She stated that the front two acres would be developed into a nightclub and parking lot and that the remaining acreage would be developed at a later date depending on the success of the nightclub endeavor. The remaining property would be developed as single family residences, apartments and condominiums. Letters of comment were received, three were in favor of the project and three were against it. These letters are attached hereto and incorporated by reference.

Public Comment Public comment began at 6 5 0 p.m. Alma Tate and Tina Hardesty, neighbors of the property, stated that they did not want that type of business located in their residential area. Public comment closed at 6 5 5 p.m. and the regular meeting resumed.

Staff recommended to hold the sppiication in abeyance. After discussion, the applicant agreed to hold the matter in abeyance.

Commissioner Warner motioned to hold this application in abeyance to &ow sia$f"suffScient time to develop siandards policies and guidelinesfor the Muster Plun amendment process. Seconded by Commissioner Howard, motion carried

Item 18 ZC P 04-0020 (Non-Conforming) Zone Change application of approximately 2.28 acres from the Open Use (Protective Covenant Overlay) District to Multifamily District on property Master Planned as Low Density Residential; Located at 2760 and 2790 E. Dandelion St., Lots 7 & 8, Block 25, Calvada Valley Unit 2 situated between Oakridge Avenue and Homestead. If approved would allow for the development of multi-family housing units; David Moore-Applicant, Nye County Treasurer & William Kuhw-Owners; AP#s 42-563-17 & 42-563-18

David Moore, applicant, showed the Commission pictures of the proposed building site, the current status of the property and what they plan to build if their application is approved. They plan to construct a 32 unit apartment complex on the site, Comment letters were received, one against the development. A copy of the comments letters are attached hereto and incorporated by reference.

Public comment period began at 7: 10 p.m. Cynthia Ross who lives on Banyon Street, spoke out in protest of the project. She felt more apartment buildings in the area would result in a lower property value for area homeowners. Public comtnent period ended at 7: 12 p.m. and the reguiar meeting resumed.

Staff recommended to hold this application in abeyance.

ward motioned to hold eyrmce to allow staSfsuSfutient time to ileveiup stnnd~zr~ls policies nnd guiiieljnes for fhe Master Plan amendment process. Seconded by CommJssio~er Bass, motion carried Commi~sioner Kuver voted Nay on fire Motion,

Item 19 ZC P 040022 (Non-Conforming) Zone Change application of approximately 67,500 square feet of property from the Open Use protective Covenant Overlay) District to Gerteral

October 13,2004 RPC Page 3

FILEMAP 91812005 -

NAME 1 FILE # I TYPE 1 -BK ~ P G JRLS #TAPPROVED ]RECORDED! VACKAR,TRESE 8 DEBRA 36- 'f'7 /*3 b\ 609197 P i 10026 1211 0103 121212004 VACKAR,TRESE & DEBRA 3& J 7 / / D 6 ) 609198 P 10026 07/09/03 121212004 VACKAR,TRESE & DEBRA f 3 ~ 4 7 //a 7 f 609199 P 10026 "111~103 12/2/2004

Page 1̂

Page 13 Date 811 7/04

11:OO PUBLIC HEARING ON NYE COUNTY BILL NO. 2004-14; A BILL PROPOSING TO AMEND NYE COUNTY CODE 16.28, THE DIVISION OF LAND AND PLANNED UNlT DEVELOPMENT WITHIN THE PAHRUMP REGIONAL PLANNING DlSTRiCT REGULATIONS, BY REMOVING THE REFERENCE TO PLANNED UNlT DEVELOPMENT IN THE CHAPTER TITLE; REPEALING THE PLANNED UNIT DEVELOPMENT REGULATIONS, SECTIONS 16.28.410 THROUGH 16.28.630, INCLUSIVE; BY AMENDING SECTION 16.28.170.H.l.a, THE REQUIREMENT TO PROVIDE WATER RIGHTS FOR PARCEL MAPS, BY INCREASING THE AMOUNT OF WATER

REQUIRE THE FILING OF APPEALS IN ACCORDANCE WITH NYE COUNTY CODE CHAPTER 16.36; BY AMENDING SECTION 16.28.120 BY REMOVING THE USE OF THE TERM VARIANCE FOR ALL ACTIONS INDICATED WITHIN THAT SECTION; BY REMOVING FROM SECTION 16.28.090, DEFINITIONS,

16.28.260 TO ACHIEVE COMPLIANCE WITH THE ZONING REGULATIONS IN AREAS RELATED TO MINIMUM LOT AREAS. DIMENSIONS, YARDS AND SETBACKS, AND BUILDING HEIGHT; BY ADDING SECTION 16.28.355.C, AUTHORIZING THE USE OF DEVELOPMENT AGREEMENTS OR PAYMENT IN LIEU OF CONSTRUCTION OF IMPROVEMENTS TO ADDRESS OFF- TRACT IMPROVEMENTS AND OTHER IMPACTS; AND OTHER MATTERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME.

Mr. Williams stated that the majority of this item had been moved into the zoning ordinance with the exception of the water rights issue and allowing development agreements. He reviewed the item.

Csmmissioner Neth opened the public hearing.

Dave Richards, Civilwise Services, stated that 2.02-acre feet per parcel was high. He reviewed the matter.

Lawrence Baker, President of Nye County Well Owners Association, reviewed his oppasition to the item.

Mr. Petell reviewed his opposition to the item.

Donna Lamm stated that she felt 2.02 was high for what the actual use was. She SU d that the .02 be dropped for bookk purposes and make it even nu

Commissioner Neth closed the public hearing.

Page 14 Date 811 7/04

11:OO PUBLIC HEARING ON NYE COUNTY BILL NO. 2004-14 - CONT'D

Commissioner Trummell stated that she supported increasing the amount of water rights for subdividing. She reviewed the matter.

Commissioner Neth stated that if a developer did a 1.25-acre subdivision with a well and septic, they were required by the State to remit 2.02 acre-feet of water rights. He reviewed the matter.

Commissioner Cox reviewed her support of the Item.

Commissioner Trummell made a motion to approve Bill No. 2004-14 with the exception that it be dropped to 2.00 acre-feet per parcel with an effective date of September 2, 2004; to further clarify that unless plans had already been submitted and approved, private contracts outside of Town business had no bearing on whether or not this was effective for their clients; and cfaims had to be submitted with the complete application by the effective date; seconded by Commissioner Cox; 5 yeas.

11:30 PUBLIC HEARING ON NYE COUNTY BILL NO. 2004-15: A BILL PROPOSING TO ADD TO THE NYE COUNTY CODE CHAPTER 15.28. DUST CONTROL REGULATIONS WITHIN THE PAHRUMP REGIONAL PLANNING DISTRICT; PROVIDING DEFINITIONS, CONTROL MEASURES AND ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE AND OTHER MAllERS PROPERLY RELATED THERETO; AND POSSIBLE ADOPTION OF SAME.

MaryEllen Giampaoli, Environmental Compliance Specialist, reviewed the editorial changes to the ordinance. She reviewed the history of the item and stated this was a culmination of two years of work.

Colleen Cripps, Chief of Bureau of Air Quality Planning, stated that they had worked with numerous local groups such as PVCAT, Economic Development, Chamber of Commerce, etc. to hear their concerns.

Ms. Cripps reviewed the duties of the person who would be filiing a position for which funding was availabte. That person would be located in Pahrump and wouid work with the Nye County Planning Department next July.

Commissioner Neth opened the public hearing.

alker, Pahrump Homebuilders Association, reviewed his support of the item and how homebuilders could support the itern. He reviewed his opinion on the enforcement issue.

Butch Borasky reviewed his concerns with the issue.

1240 E. Statc St., Sic 101 Palxump, Nevada 8'1048

Phone: (775) 75 1-1413 Fnx: (775) 751-3584

\\CwOO l\d\CWJOBS\2002\702\702-1iVackarW 36-471-40\051)504_Agendize Tabled Applicario11~-$702-01.dtx:

May 4,2005

Nye County Planning Department 250 N. Highway 1 60 Suite 1 Pahump, NV 89060

To Whom It May Concern:

Subject: Request to Place Application PM-P-04-0015 on June 15,2005 PKPC Agenda; AP# 3 6-47 1-40

It appears that this application was never processed in any way; possibly because it was considered contiguous parceling by the Planning Department. The fees were paid at the time of the original submittal on September 1,2004 and were not refunded. We are requesting that this application be placed on the June 15,2005 PRPC agenda for determination.

'The Zone Change (ZC-P-04-0018) that accompanied this application was approved by the Board of County Co~nmissioners at its October 19,2005 meeting (letter attached).

The Waiver (WV-P-04-0006) regarding contiguous parceling was also never processed and is moot at this time. None of the parcels now being parceled are contiguous.

We respectfully request a refund of the Waiver application fee of $150 for WV-P-04- 0006 since the application was never processed in any way.

Should you have any questions, please contact this office.

Sincerely,

David A. Richards, PLS

KPC FINAL ACTION MEMOKANDUM

TO: ULV, Inc - Property Owner Trese J. & Debra Vackar - Applicant Civilwise Services, LLC - Agent

FROM: Steve Osborne, Planner I # SUt"rJE;Cf: Pahrurnp Regional Planning Commission Action Refated io Parcel Map Appliiation

NO. PM-04-00 14

DATE: June 16,2005

The purpose o f this memorandum is to advise you that the Pahrurnp Regional Planning Commission (RPC), at its June 15,2005 meeting, conducted a public hearing concerning your Parcei Map application to divide approximately 5 acresofproperty into four lots ranging in size from 47,119 to 50,495 square feet (net), situated a t 372 1 S. Big Sky Way between Brick Lane and Harp Way; Assessor Parcel # 36-47 1 4 7 .

After closing the hearing, the RPC denie-d the Parcel Map application by a 4-3 vote, based on the following findings: (1) the proposed map is not consistent with adopted Nye County Codes, Ordinances and plans, and (2) the design and proposed improvements of the Parcel Map are not consistent with the Division of Land Regulations and are likely to cause significant public health or safety problems.

Any applicant or other per sot^ may appeal a decision of the RPC to the Board of County Commissioners within thirty (30) days of the decision. The appeal must be in writing, be accompanied by the required $200.00 fee, and cltearIy specify what part of the Planning Commission's decision is being appealed.

Should you have any questions, or require additional information, please feel free to contact this oftice.

TONOPAH OFFLCE PO BOX 1931 . 11 14 GLOBEWLOW WYk . TONOPAH. NEVADA 89099 PtiOEIE (775) 482-BIB1 . FAX: (775) 482-7302

PAl-{RUMP OFFICE . 250 NORTH HIGHWAY 160- Y f . PAHRUMP, NEVADA 890GO Pt'OHE (775) 751-4033 . FAX 0 3 5 ) 751-4032

1240 t State 51 , Ste 101 Pahrurnp, Nevadd 89048

Phone (775) 75 I - 14 13 Fa (775) 751 -3.584

\\Cu00 I\d\CWJOBSV002\702\?02- l\Vackar\N' 36-47 1-47\050624-Appeal BOCU-3647 147 doc

July 6,2005

Nye County Board of County Commissioners 250 N. EIwy 160 Pahrump, NV 89060

To Whom It May Concern:

Subject: Appeal of Pahrump Regional Planning Commission (PRPC) June 15,2005 Action Related to Parcel Map Application PM-04-00 14 (AP#36-47 1-47)

The PRPC on June 15,2005 denied the subject application by a 4-3 vote based on the findings that the proposed map is (1) not consistent with adopted Nye County Codes, Ordinances and plans, and (2) the design and proposed improvements of the parcel map are not consistent with the Division of Land Regulations and are likely to cause significant public health or safety problems (memorandum attached).

We do not agree with the findings stated above and are herewith filing an appeal of the June 15, 2005 PKPC denial of the subject parcel map application.

The zone change (ZC-04-0017) that accompanied this application was approved by the Board of County Commissioners (BOCC) on October 19,2004 and changed the zoning to RE- 1.25 acrcs (net). The RE-1.25 designation has since been modified to RE- l (net) by amendment of NCC Chapter 17.

Should you have any questions please do not hesitate to call this office.

Sincerely,

David A. Richards, P I 3 Vice President

cc: Xiye County ent DI,V Inc,

FINAL BOCC ACTION &fEMdl)

TO: Civilwise Services, LLC - Appellants DLV, Inc. - Property Owners

FROM: Steve Osborne, Principal Planner + SUBJECT: Nye County Board of County Commissioners' Action Related to Appeal No. AP-05-

0003; an appeal of the Pahrump Regional Planning Commission's denial of Parcel Map Application No. PM-04-00 14

DATE: August 18,2005

The purpose of this memorandum is to advise you that the Nye County Board of County Commissioners, at its August 17,2005 meeting in Pahrump, took action on the above-referenced item.

After discussion and deliberation, the Board elected to affirm the Regional Planning Commission's dccision to deny Parcel Map Application No. PM-04-0014, which was an application to divide approximately 5.0 acres of property into four lots ranging in size from 47,119 to 50,495 square feet (net), situated at 372 1 S. Big Sky Way between Brick Lane and Harp Way, Assessor Parcel K36-471- 47.

Should you have any questions or need any additional information please contact this office.

TONOPAH OFFICE PO BOX 1531 . 1114 GLOBEMitLLOW LANE - TONOPAH, NEVADA 89049 WWE: (775) 482-8381 . FAX (775) 482-7302

PAHRUMP OFFICE . 250 1UORTH i IlGIiWAY 760 - 111 . PAHRUMP, NEVADA 89M0 PHONE. (7751 751-4033 * FAX. (775) 75'-4032

1240 t Ststc St , Stz 10t Pahr imp, Nevatld 89048

Pkonc (775) 75 1-11 13 Fax (775) 75 1-3584

\\CwOO i\d\CWJOBS\2002\702\702-l\VacLar\M 36-471-40\050504-j2gendr~e Tabled Appl~catlons-0702-01 doc

May 4,2005

Nye County Planning Department 250 N. Highway 160 I

Suite 1 Pahretmp, NV 89060

To Whom It May Concern:

Subject: Request to Place Application PM-P-04-0015 on June 15,2005 PRPC Agenda; AP# 36-47 1 -40

It appears that this application was never processed in any way; possibly because it was considered contiguous parceling by the Planning Department. The fees were paid at the time of the original submittal on September 1, 2004 and were not r e h d e d . We are requesting that this application be placed on the June 15,2005 PRPC agenda for determination.

The Zone Change (ZC-P-04-0018) that accompanied this application was approved by the Board of County Comnlissioners at its October 19,2005 meeting (letter attached).

The Waiver (WV-P-04-0006) regarding contiguous parceling was also never processed and is moot at this time. None of the parcels now being parceled are contiguous.

We respectfully request a refund of the Waiver application fee of $150 for WV-P-04- 0006 since the application was never processed in any way.

Should you have any questions, please contact this office.

Sincerely,

David A. Richards, PLS

I ' 1 1 I p* B I I * m i 1 1 ; 1 1 2 . / / T

RPC FlNAL ACTION MEMORANDUM

TO: Trese J. & Debra Vackar - Property OwnerlApplicant Civilwise Services, LLC - Agent

FROM: Steve Osborne, Planner I

SUBJECT: Pahrump Regional Planning Commission Action Related to Parcel Map Appiicaiion NO. PM-04-00 15

DATE: June 16,2005

The purpose of this memorandum is to advise you that the Palirump Regional Planning Commission (RPC), at its June 15,2005 meeting, conducted a public hearing concerning your Parcel Map application to divide approximately 5 acres of property into four lots, lot sizes ranging from 45,452 to 45,597 square feet (net), situated at 160i S. Rig Sky Way between Elderberry Street and Brick Lane, APIf 36-471-40.

After closing the hearing, the RPC denied the Parcel Map application by a 4-3 vote, based on the following fjndings: ( I ) the proposed map is not consistent with adopted Nye County Codes, Ordinances and plans, and (2) the design and proposed improvements of the Parcel Map are not consistent with the Division of Land Regulations and are likely to cause significant public health or safety problems.

Any applicant or other person may appeal a decision of the W C to the Board of County Cornmicsion~rc within thirtv (30) days of the decision. The appeal must be in writing, be accompanied by the required $200.00 fee, and dearly specify what part of the Planning Commission's decision is being appealed.

Should you have any questions, or require additional information, please feel free to contact this oflice.

PAHRUMP OCFICE - 250 NORTH HIGHWAY 160 - #1 - PAHRUMP, NEVADA 89060 PHONE (775) 754-4033 FAX (7753 751-4032

1240 C Statc S t , Stc 101 I'alirurnp, Nevada XBMX

Pilone (775) 75 1-1413 FAX (775) 75 1-3584

~i,C~OO~\d\CWJ08S\2002\;7021702-i:V~kafw 36-47 1-40\05062QAppeni BOCC doc

June 24,2005

Nye County Board of County Commissioners 250 N. Hwy 160 P a h m p , NV 69060

'To Whom It May Concern:

Subject: Appeal of Pahrump Regional Planning Commission (PRPC) June 15,2005 Action Related to Parcel Map Application PM-04-00 1 5 (APfi-36-47 1-40)

The PKPC on June 15,2005 denied the subject application by a 4-3 vote based on the findings that the proposed map is (1) not consistent with adopted Nye County Codes, Ordinances and plans, and (2) the design and proposed improvements of the parcel map are not consistent with the Division of Land Regulations and are likely to cause significant public health or safety problems (memorandum attached).

We do not agree with the findings stated above and are herewith filing an appeal of the June 1.5, 2005 PRPC denial of the subject application

The zone change (ZC-04-00 18) that accompanied this application was approved by thc Board of County Commissioners (BOCC) on October 19,2004 and changed the zoning to RE- 1.25 acres (net). The RE-1.25 designation has since been modified to RE- 1 (net) by amendment of NCC Chapter 17.

Should you have any questions please do not hesitate to call this office.

Sincerely,

David A. Richards, I'LS Vice President

ec: Nye County PIanning Depx Trese J. & Debra t. Vackar

I AND StiR'fl 'Y f"uG C O N S 1 RlJC'I IOb ri 1 AkTiCi * SIJB~)IVISION 8 I(ii'OGRhPf IY * GI ODAI. I'C>SL'l lON1hG (CWI * % A ! I it Rifrl*; S

FWAL BOCC ACTION M E M B W D U M

TO: Civilwise Services, LLC - Appellants l'rese & Debra Vackar - Property Owners

FROM: Steve Osborne, Principal Planner * SUBJECT: Nye County Board of County Commissioners' Action Related to Appeal No. AP-05-

0004; an appeal of the Pahrump Regional Planning Commission's denial of Parcel Map Application No. PM-04-0015

DATE: August 18,2005

The purpose of this memorandum is to advise you that the Nye County Board of County Commissioners, at its August 17,2005 meeting in ?&rump, took action on the above-rekrenced item.

After discussion and deliberation, the Board elected to affirm the Regional Planning Commission's decision to deny Parcel Map Application No. PM-04-0015 which was an application ta divide approximately 5.0 acres of property into four lots, lot sizes ranging from 45,452 to 45,597 square feet (net), situated at 3601 S. Big Sky Way between Elderberry Street and Brick Lane, AP# 36-471-40.

Should you have any questions or need any additional information please contact this office.

TONOPAH OFFICE - PO BOX 3531 . 1114 GLOBEWLOWL~NE TONOPAW, hlEVADA 89043 PHONE j775) 482-8181 FAX (775) 482-7302

PAHRUhllP OFFICE . 250 P)ORIH HlGHWAY 180 - #t . PAHRUMP. NEVADA 89060 PhONE. (775) 7516033 . FAX. (775) 751-4032