trem El No financial impact NYE COUNTY AGENDA INFORMATION FORM IJ Presentation Action Department: Planning

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1 1 Action Department: Planning NYE COUNTY AGENDA INFORMATION FORM IJ Presentation I Presentation & Action Agenda Date: Category: Consent Agenda Items November 18, 2008 Contact: Jack Lohman J Phone: Continued from meeting of: Return to: Jack Lohman Location: Pahrump Planning Phone: Action requested: (Include what, with whom, when, where, why, how much ($) and terms) Approval of a request to extend the expiration date of Conditional Use Permit CU for an additional three (3) years; CU allows a sand and gravel operation, rock crushing, mining, and concrete batch plant operation in the Heavy Industrial (HI) Zoning District on approximately 79.0 acres located at 2801 & 2800 E. Blosser Ranch Road, situated at the northwest corner of Mesquite Avenue and Higley Road, within Section 36, Township 19 South, Range 53 East, Pahrump Regional Planning District. Rinker Materials West, LLC Property Owner/Applicant. AP# s & -14. Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 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) Routing & Approval (Sign & Date) 1. Dept El No financial impact Board of County Commissioners Action 0 Approved 0 Disapproved 0 Amended as follows: Clerk of the Board Date trem

2 NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT Meeting Date: November 18, 2008 AGENDA ITEMS Extension of Time: ET : Approval of a request to extend the expiration date of Conditional Use Permit CU for an additional three (3) years; CU allows a sand and gravel operation, rock crushing, mining, and concrete batch plant operation in the Heavy Industrial (HI) Zoning District on approximately 79.0 acres located at 2801 & 2800 E. Blosser Ranch Road, situated at the northwest corner of Mesquite Avenue and Higley Road, within Section 36, Township 19 South, Range 53 East, Pahrump Regional Planning District. Rinker Materials West, LLC Property Owner/Applicant. AP# s & -14. GENERAL INFORMATION SUMMARY Applicant received approval of Conditional Use Permit CU by the BOCC on October 19, 2005, subject to a 3-year expiration condition. RPC MINUTES Not Applicable. RECOMMENDATION Recommended BOCC Motion: I move to approve a 3-year extension of time for Conditional Use Permit CU

3 T- t3-ooc LAW OIcE OF HAYES & WELSH 199 N. AjwoyoGE BLVD., Sm. 200 HENDERSON, NEvA OL Hams L. MEo K. MAYRY Department of Planning Nye County 250No. Hwy. 160,#1 Pahrump, Nevada TEI.Ho: (702) F*.csn.mi: (702) September 30, 2008 t1u.s. [1 cv []Esmii. [1 OVRNTGIIT [)HDEUVERY []E-MAu. Re: Extension of Time for Conditional Use Permit No.: CU To Whom It May Concern: This letter is written to request an extension of time for Conditional Use Permit No.: CU which Conditional Use Permit was granted by the Nye County Commission at its hearing on October 19, That approval was memorialized in the Final Action Memorandum dated October 22, 2005 attached hereto as Exhibit 1. Conditional Use Permit CU approved Rinker Material West, LLC and United Metro Materials, Incs Application to allow a sand and gravel operation, rock crushing, mining and a concrete batch plant operation in a Heavy Industrial district on approximately 79 acres of land located at 2801 and 2800 E. Blosser Ranch Road at the northwest corner of Mesquite Avenue and Higley Road located within Section 36, Township 19 South, Range 53 East, APN and subject to the conditions listed in the Final Action Memorandum attached hereto. Due to the economic slowdown that has occurred over the course of the last several years in Southern Nevada in general and in the Pahrump Valley, in particular, Rinker Materials West and United Metro Materials have not yet begun mining, rock crushing or batch plant operations on the Blosser Ranch properties. However, in anticipation of a resurgent market, Rinker Materials and United Metro Materials by this letter request that the Nye County Commission approve an extension of time for commencement of the sand and gravel rock crushing, mining and batch plant operations on the property. United Metro Materials hereby requests that a three (3) year extension of time be granted. Rinker Materials and United Metro Materials recognize and reaffirm their commitment to the offsite improvements that were a condition of this zoning and Conditional Use Permit. Should operations on this site become feasible, Rinker Materials would of course complete the offsite improvements as contemplated in the Offsite Improvement Agreement which was negotiated between Rinker Materials and Nye County at the time of the initial approval.

4 Page Two September 30, 2008 Please do not hesitate to contact this office if further documentation is necessary, an application fee is due, or if questions arise. Thank you for your attention to this matter. Sincerely, LAW OFFICE OF HAYES & WELSH MLW/mh Martin L. Welsh, Esq.

5 Applicant, Applicant, Agent; Applicant, Property Property NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT Meeting Date: October 19, 2005 AGENDA ITEMS ZC : (Conforming) Zone Change application of approximately 79.0 acres from the Open Use (OU) District to the Heavy Industrial (HI) District for property Master Planned as Heavy Industrial. Located at 2801 & 2800 East Blosser Ranch Road at the northwest corner of Mesquite Avenue and Higley Road, located within Section 36, Township 19 South, Range 53 East. If approved would allow for a variety of heavy industrial uses. Rinker Materials West, LLC United Metro Materials, Inc. Owner, Mindy Wadkins Agent; AP# s & 14 CU : Conditional Use Permit application to allow a sand and gravel operation, rock crushing, mining and a concrete batch plant operation in the Heavy Industrial (HI) District on approximately 79.0 acres for property Master Planned as Heavy Industrial. Located at 2801 & 2800 East Blosser Ranch Road at the northwest corner of Mesquite Avenue and Higley Road, within Section 36, Township 19 South, Range 53 East. If approved would allow for the construction of a sand and gravel operation, rock crushing, mining and a concrete batch plant. Rinker Materials West, LLC United Metro Materials, Inc. Owner, Mindy Wadkins Agent; AP# s & 14 WV-05-00l 1: Waiver application to allow a concrete batch plant to be located within 1,000 feet of a residential property line, to waive the requirement to provide paved or double-layer chip sealed access to the plant, to waive the requirement to provide screening or walls, to allow a sand and gravel pit operation within 330 feet of residentially or commercially zoned property, and to waive all required landscaping. Located at 2801 & 2800 East Blosser Ranch Road at the northwest corner of Mesquite Avenue and Higley Road, within Section 36, Township 19 South, Range 53 East. Rinker Materials West, LLC United Metro Materials, Inc. Property Owner, Mindy Wadkins AP# s & 14 GENERAL INFORMATION SUMMARY The RPC held hearings on these applications on August 10, 2005, and September 14, 2005 and any comments or decisions made are shown in the minutes below. RPC MINUTES RPC Minutes (from the August 10, 2005 RPC meeting): Steve Osborne stated that Staff is recommending approval of the Zone Change and Conditional Use Permit. He suggested that the following conditions be noted on the site plan: The landscaping be shown on the site development plan. Adding special condition of approval #1 to the Conditional Use Permit to read, Mesquite Avenue road improvements be completed. Adding special condition of approval #2 to the Conditional Use Permit to include the Development Review Committee s recommendation that all trash be removed. Mr. Osborne advised the Commission that public comment had been received on this matter.

6 9:05 Commissioner Bass expressed his concern with staffs recommendation of special condition of approval #1, which indicates road improvements be done to Mesquite Avenue. Mindy Watkins stated that the applicant is opposed to paving the 1.2 miles of Mesquite Avenue from Kittyhawk to the entrance access point of the subject property. She added that they are willing to pave the portion of Mesquite Avenue across their property line. Commissioner Bass explained that he is in favor of the applicant having to pave only the portion of Mesquite Avenue that meets the adjacent properties. Ms. Beeman read section from the County Code, Concrete or asphalt batch plants must provide paved or double layer chip sealed access. Commissioner Warner addressed Conditional User Permit special condition of approval #1, and asked that the equivalent cash payment in lieu of the improvements be removed. Ms. Watkins advised the Commission that she was not made aware of a landscaping Waiver requirement by staff. Conimissioner Cox asked Ms. Beeman to advise as how the application would affect the PM- 10. Ms. Beeman explained that she has not been informed of the specific information in regards to traffic, number of employees or hours of operation. Ms. Watkins advised the Commission that the proposed development would incur less than 10 average daily trips. Commissioner Bass asked how many pieces of equipment would be put on the property for highway use. Ms. Watkins recommended a continuation of the proposed item to confer with Public Works and gather information to bring back before the full RPC in September. Public Comment There was none. p.m. Commissioner Jubinsky motioned to continue items ZC and CU to the September 14th RPC meeting allowing the applicant the opportunity to meet with Public Works for comment andfile a Waiver for landscaping if needed. Charles Dupre seconded. Roll call vote: Murray, yes; Warner, yes; Bass, yes; Masterson, yes; Jubinsky, yes; Dupre, yes; Borasky, yes. Motion passes 7-0. Commissioner Borasky asked that the applicant also provide information on water rights and where water would be provided from to maintain dust control. RPC Minutes (from the September 14, 2005 RPC meeting): Steve Osborne reviewed the staff report. Staff recommends approval of zone change & conditional use permit. Applicants are requesting to remove the waiver application regarding road improvements. They have agreed to complete Mesquite Avenue. Commissioners received items/recommendations from the developer during the break and have motioned to allow items to be discussed during the meeting. 2

7 8:42 Commissioner Bass motioned to except the paperwork provided y the developer. Laurayne Murrey seconded. Roll call vote: Murray, yes; Warner, yes; Bass, yes; Masterson, yes; Dupre, yes; Jubinsky, yes. Motion passes 6-0. Mindy Watkins reviewed her application with the Commission. She informed the Commission of the history of the project and the steps they have taken to conform with recommendations of the Road Department. Commissioner Warner inquired about the timeline the developer has established for completion of roads, conditions ect. Cary Hays further explained their intentions. Commissioner Cox asked who would be paying for the traffic study and the engineering report. Mindy Watkins informed the Commission that it probably would be a county paid traffic study because it would be multiple developers involved. Commissioner Cox verified it would be the east side of Hwy 160 only, what happens if NDOT comes back and decides to make more requirements, what happens then? Ms. Watkins stated that the project would not affect the west side of Mesquite. Their agreement was very specific about the locations. Commissioner Bass expressed concerns about the BLM side of the property. Waiver from BLM any arrangements? Gary Hays explained conversations with Samson Yao and further discussed the propsed plan. Public Comment 8:40 p.m. Miguel Ortega was concerned with obstruction of views, noise and traffic. Mindy Watkins explained buffers would be in place. Close Public Comment p.m. Commissioner Warner motioned to approve ZC and CU with all special conditions and recommendations with changes to item #6, deletion of the 3-yr expiration and the insertion of Development agreement. Caiy-Ann Junbinsky seconded. Roll call vote: Murray, yes; Warner, yes; Bass, yes; Masterson, yes; Dupre, yes; Jubinsky, yes. Motion passes 6-0. RECOMMENDATION Recommended BOCC Motion: I motion to approve ZC , CU , and WV based on staff findings and the recommendation of the RPC, with all recommended conditions as amended. 3

8 AGENDA ITEM #18 PARRUMP REGIONAL PLANNING COMMISSION STAFF REPORT Meeting Date: September 14, 2005 Prepared By: Steve Osborne GENERAL INFORMATION SUMMARY Agenda items: Zone Change Application and Related Conditional Use Permit: a. ZC : (Conforming) Zone Change application of approximately 79 acres from the Open Use (OU) to the Heavy Industiial (HI) District for property Master Planned as Heavy Industrial. Located at 2801 & 2800 East Blosser Ranch Road at the northwest corner of the Mesquite Avenue and Higley Road, Section 36, Township 19 South, Range 53 East. If approved would allow for a variety of heavy industrial uses. (This application is in conjunction with CU ). Rinker Materials West, LLC - Applicant, United Metro Materials, Inc. - Property Owner; AP# s & 14 b. CU : Conditional Use Permit application to allow a sand and gravel operation, rock crushing, mining and a concrete batch plant operation in the Heavy Industrial (HI) District on approximately 79 acres for property Master Planned as Heavy Industrial. Located at 2801 & 2800 East Blosser Ranch Road at the northwest corner of Mesquite Avenue and Higley Road, between Mesquite Avenue and Blosser Ranch Road, Section 36, Township 19 South, Range 53 East. If approved would allow for the construction of a sand and gravel operation, rock crushing, mining and a concrete batch plant (This application is in conjunction with ZC ). Rinker Materials West, LLC - Applicant, United Metro Materials, Inc. - Property Owner; AP# s & 14 c. WV-05-OO11: Waiver application to allow a concrete batch plant to be located within 1,000 feet of a residential property line, to waive the requirement to provide paved or double-layer chip sealed access to the plant, to waive the requirement to provide opaque screening or walls, to allow a sand and gravel pit operation within 330 feet of residentially or commercially zoned property, and to waive all required landscaping for the batch plant and sand and gravel pit operation. Located at 2801 & 2800 East Blosser Ranch Road at the northwest corner of Mesquite Avenue and Higley Road, between Mesquite Avenue and Blosser Ranch Road, Section 36, Township 19 South, Range 53 East. Rinker Materials West, LLC - Applicant, United Metro Materials, Inc. - Property Owner, Mindy Wadkins - Agent; AP# s & 14 Property Owner(s): United Metro Materials, Inc. Applicant: Rinker Materials West, LLC Agent: Mindy Wadkins Project Description: concrete batch plant Proposed development of a sand and gravel operation, rock crushing, mining and a Requested Action: Approval of a Conforming Zone Change application to Heavy Industrial (HI), a Conditional Use Permit (CUP) application to allow a sand and gravel operation, rock crushing, mining and a concrete batch plant operation in the Heavy Industrial (HI) District, and a Waiver application to allow a concrete batch plant to be located within 1,000 feet of a residential property line, to waive the requirement to provide paved or double- Page 1 of7

9 layer chip sealed access to the plant, to waive the requirement to provide opaque screening or walls, to allow a sand and gravel pit operation within 330 feet of residentially or commercially zoned property, and to waive all required landscaping for the batch plant and sand and gravel pit operation. Development Review Committee Action: On July 28, 2005, the Development Review Committee (DRC) reviewed the zone change and conditional use applications and forwarded both on to the full RPC with a recommendation that, if approved, a condition be placed on the Conditional Use Permit requiring the property owner to clean-up all the trash, debris, junk, old tires, etc, that presently exist on the subject property. Property Size: Approximately 79.0 acres Project History: The applicant originally applied for only a Zone Change and Conditional Use Permit. At the August 10, 2005 RPC hearing it became apparent that the applicant s intent was to not provide paving or landscaping for the project as required by the Zoning Ordinance, and therefore requested a continuation to the September RPC in order to apply for the necessary waivers. Staff Recommendation: Approval of the Zone Change and Conditional Use Permit with conditions. Approval of the waivers with the exception of the request to not provide paved or chip sealed access to the site. Required Vote to Pass: Zone Changes require a simple majority vote of the RPC members present to approve or deny. Conditional Use Permits require a simple majority vote of the RPC members present to approve or deny. Waivers require a simple majority vote of the RPC members present to approve or deny. RECOMMENDED MOTION/FINDINGS Should the Planning Commission elect to recommend approval of these applications based upon the analysis provided by staff, comments received, and the site inspection, the following findings and motions are provided for your consideration: Zone Change Required Considerations (NCC ). In determining whether to approve, conditionally approve, or deny an application for a Zone Change, the Planning Commission shall consider: 1. Whether or not the proposed zone change conforms to the Master Plan, the Zoning Reference Map and this Chapter (Chapter 17.04, the Zoning Ordinance). Staff Findings: The reauested zoning district is in conformance with the Master Plan: the Master Plan designates the subiect property as Heavy Industrial. 2. Whether or not the uses, which would be allowed on the subject property by approving the zone change, will be compatible with the surrounding land uses and zoning districts. Staff Findings: The uses allowed within the HI district would be compatible with existing surrounding land uses. A potential Master Plan amendment for this area has been discussed by the RPC with respect to surrounding planned land uses to change the planned Medium Density Residential to Industrial. 3. Whether or not growth and development factors in the community indicate the need for or appropriateness of the zone change. Staff Findings: Growth and development factors in the community indicate a need for the zone change, and only 2.1% of the land area of the PRPD is planned for Heavy Industrial. 4. Whether or not street or highway facilities providing access to the property are, or will be, adequate in size to meet the requirements of the proposed zone change. Staff Findings: Proposed access to the site is from Mesquite Avenue (existing 80 foot right-of-way), a non-county-maintained section-line road (east of Powerline Road). 5. Whether or not public facilities are adequate to meet the requirements of the proposed zone change. Page 2 of 7

10 Staff Findings: Public facilities are adequate for the roosed zone chan2e. Recommended Motion to Approve (NCC ): I move to approve this Zone Change application based on the findings, and subject to the conditions of approval, as outlined in the staff report. Recommended Motion to Deny (NCC ): 1 move to deny this Zone Change application based on the following fmdings: (additionalfindings must be made to support the motion). (NOTE: If additional findings or conditions are made to support the motion, or stafffindings or if conditions are modified, the RPC must clearly state the modfications for the record using considerations 1 through 5 outlined above). Required Conditional Use Permit (CUP) Considerations (NCC L) Should the Planning Commission elect to approve or disapprove this application based upon the analysis provided by staff, comments received, and the site inspection, the following findings and motions are provided for your consideration: I. Will be hannonious with and in accordance with the general objectives or with any specific objectives of the Master Plan of current adoption, the Zoning Reference Map and this Title. Staff Findings: The use(s roosed by the Conditional Use Permit is consistent with the objectives of the Master Plan and the Zonin2 Reference Man in terms of land use compatibility. 2. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area. Staff Findings: A concentual site plan has been submitted showina the proposed location of the buildin2s. batch plant, minin2 pit, and other uses. Detailed plans pertainin2 to the construction of the nronosed buildings, deslan, colors, building hejht. exterior architectural style. etc.. have not been submitted and therefore unknown at this time. 3. Will not be hazardous or disturbing to existing or future neighboring uses. Staff Findings: The proposed uses would not likely be disturbina to existin2 nei2hborina nronertv owners, however, future neihborina uses could be disturbed by noise, vibrations, traffic, etc.. unless a Master Plan amendment takes place to address the surroundin2 Medium Density Residential area. 4. Will be a substantial improvement to property in the immediate vicinity and to the community as a whole. Staff Findings: The nronertv is currently undeveloped except for an existing 4,800 square foot metal buildin2 and existing well. Based on plans submitted by the applicant, and considering the existin2 uses in the vicinity, it is unlikely that the facility will have a ne2ative impact on the surroundina area. 5. Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, or schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service. Staff Findings: The annlicant proposes to provide water and sewer to the subject nroertv by on-site well and septic system. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Staff Findings: The amount of additional public cost appears to be minimal, if any. 7. Will not involve uses, activities, processes, materials and equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glares or odors. Staff Findings: The roosed use is not likely to be detrimental to the public due to increased traffic, noise, fumes. li2htin2, etc. The proposed use is compatible with the existin2 uses in the surroundinq area. Page 3 of 7

11 8. Will be consistent with the intent and puxposes of this Chapter. This application for a Conditional Use Permit meets the objectives of ensuring that this use is appropriate based on the particular site location, design of buildings, compatibility with existing uses, and safeguards. ronosed Recommended Motion for Approval of a Conditional Use Permit. I move to recommend approval of this Conditional Use Permit subject to the standard and special conditions as outlined within the staff report. This motion is based on the above considerations in accordance with Nyc County Code (NCC ). Recommended Motion for Denial of a Conditional Use Permit. I move to recommend denial of this Conditional Use Permit. This motion is based on the above considerations in accordance with Nyc County Code (NCC ). (NOTE: are modfied, the RPC must clearly state the modifications for the record using the considerations outlined above). If additionalfindings or conditions are made to support the motion, or stafffindings or if conditions Waiver Required Considerations (NCC E). In determining whether to approve, conditionally approve or deny an application, the Planning Commission shall consider: 1. That there are special circumstances or conditions applying to the property under consideration which makes compliance with the provisions of this Chapter difficult and a cause of hardship to, and abridgement of, a property right of the owner of said property. Staff Findings: There are special circumstances applying to the property under consideration which should be considered: (1 ) the property is located in an area where no residential dwellings exist in the immediate vicinity. (21 other sand and travel operations are Present nearby which are not screened or landscaped, (31 the subject parcel is located at the outer edge of the Pahrump Regional Planning District, (4) the subject property is located near an existing landfill which is not screened or landscaped. 2. That such circumstances or conditions do not apply generally to other properties in the same land use district. Staff Findings: Such circumstances appear to be unique to the subject property. 3. That the granting of the waiver or exception is necessary to substantiate justice to the applicant or owner of the property. Staff Findings: The granting of the waivers is necessary to allow development of the property in a manner consistent with existing uses in the area. 4. That the granting of the waiver will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to public health, safety, and general welfare. Staff Findings: Granting the waiver to not provide øaved or chip sealed access may be detrimental to other properties In the neighborhood due to increased dust and damage to the road. 5. That relief would provide an opportunity for improved zoning and planning that would benefit the community. Staff Findings: Granting the waiver to not provide caved or chip sealed access would not result in a benefit to the community. Recommended Motion to Approve (NCC E): I move to approve the requested waivers, except for the waiver to not provide paved or chip sealed access, based on the findings, and subject to the conditions of approval, as outlined in the staff report. Recommended Motion to Deny (NCC E): I move to deny the requested waivers based on the following findings. (NOTE: conditions are moduled, the RPC must clearly state the modflcations considerations 1 through 5 outlined above). If additional findings or conditions are made to support the motion, or stafffindings or for the record using SITE PLAN/PROJECT/ZONING ANALYSIS The site plan indicates the development of a sand and gravel operation, rock crushing, mining and a concrete batch plant operation. The batch plant facility and related buildings/structures would all be located in the far Page 4 of 7

12 southwest corner of the site, with the remainder of the property to be used for the mining pit (62.94 acres). The pit would be set back a minimum distance of 20 feet from the property boundary. The Zoning Ordinance requires a concrete or asphalt batch plant to provide paved or double-layered chip sealed access, as well as landscaping. The applicant is requesting a waiver from these requirements. The subject property is located within flood zone X. Zone X is the flood insurance rate zone that corresponds to the areas outside of 100-year floodplain. The applicant intends to submit a draft development agreement that would allow for re-imbursement for a proportionate share of the construction costs incurred by Rinker for the improvement of Mesquite Road, from any other property owners who develop in the area and utilize Mesquite Road. I AGENCY/PuBLIC COMMENTS I Adjacent Property Owners: Two property owners have submitted comments (see attached). Public Works: Applicant should be required to improve Mesquite Road as a two-lane paved road from Highway 160 to the subject property (approximately 2.25 miles) to a standard sufficient to handle the use of the road by heavy truck traffic. Town of Pahrump: None. Public Comments: None. Nye County Sheriff: None. Pahrump Valley Fire: None. Nye County School District: None. APPEAL Actions by the Regional Planning Commission are delivered to the Board of County Commissioners (Board) in the form of recommendations only. The Board takes fmal action on the applications; therefore, there is no formal appeal process for actions of the Planning Commission. STAFF RECOMMENDATIONS (If Approved) Zone Change Standard Conditions of Approval Unless otherwise specified, all conditions must be met or financial assurances must be provided to satisfy the conditions prior to submittal for a building permit. The Nye County Planning Department and/or Public Works Department is responsible for determining compliance with a specific condition, and shall determine whether the condition must be fully completed or whether the applicant shall be offered the option of providing financial assurances. All agreements, easements, or other documentation required by these conditions shall have a copy filed with the Public Works- and the Planning- Departments. 2. Compliance with the conditions of this approval is the responsibility of the applicant, its successor(s) in interest, and all owners, assignees, and occupants of the property and their successors in interest. Failure to comply with any conditions imposed in the approval of this application may result in the implementation of revocation procedures. 3. Nye County reserves the right to review and revise the conditions of this approval should it determine that a subsequent license or pennit issued by Nye County violates the intent of this approval. Page 5 of 7

13 4. For the purposes of conditions imposed by Nye County, may is permissive and shall or must is mandatory. 5. Approval of this application does not constitute approval of a liquor, gaming, sexually oriented business, brothel or fireworks license or any other County issued permit, license, or approval. 6. Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. 7. If required, any drainage study, construction plans and/or traffic studies must be submitted and approved prior to construction and all improvements must comply with the approved plans. 8. Unless expressly authorized through a waiver or another approved method, development of the property shall comply with all applicable codes and ordinances. 9. At the time of development, staff approval is required of the Site Development Plan, which may include, but not be limited to (dependent on the use of the property), review of parking layout, landscaping, lighting, screening walls and fences, as well as signage requirements. 10. Developer(s) shall participate and perform and complete all work (at their own expense related to on-site and off-tract improvements) required by federal, state and county statutes, codes, and regulations that are in effect at the time of development. Conditional Use Permit Standard Conditions of Approval 1. Unless otherwise specified, all conditions must be met or financial assurances must be provided to satisf the conditions prior to submittal for any required building permits. The Nye County Planning Department and/or Public Works Department is responsible for determining compliance with a specific condition and shall determine whether the condition must be fully completed or whether the applicant shall be offered the option of providing fmancial assurances. All agreements, easements, or other documentation required by these conditions shall have a copy filed with the Public Works- and Planning- Departments. 2. Compliance with the conditions of this approval is the responsibility of the applicant, its successor(s) in interest, and all owners, assignees, and occupants of the property and their successors in interest. Failure to comply with any conditions imposed may result in the implementation of revocation procedures. 3. Development of the property must conform to the plans approved as part of this application. The Nyc County Planning Department shall determine compliance with this condition. 4. Nye County reserves the right to review and revise the conditions of this approval should it determine that a subsequent license or permit issued by Nye County violates the intent of this approval. 5. For the purposes of conditions imposed by Nye County, may is permissive and shall or must is mandatory. 6. The Conditional Use Permit will expire in three (3) years unless construction is completed within the three (3) years, unless the Pahrump Regional Planning Commission grants a different time period. Any extension of time must be applied for prior to the date of expiration. 7. Approval of this application does not constitute approval of a liquor, gaming, sexually-oriented business or fireworks license/permit or any other County issued permit, license, or approval. 8. Upon approval of a Conditional Use Permit for which a Site Plan is required, the signed and stamped approved Plan must be submitted to the Planning Department with the required application and review fee for final approval before proceeding to Building Permit. 9. The applicant and any successors shall direct any potential purchaser/operator of the conditional use permit to meet with the Nye County Planning Department to review conditions of approval prior to the final sale of the conditional use permit. The subsequent purchaser/operator of the conditional use permit shall notif the Nye County Planning Department of the name, address, telephone number, and contact person of the new purchaser/operator within 30 days of the fmal sale. 10. Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. 11. No construction of public improvements shall occur until any required 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). Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. Page 6 of 7

14 12. If required, drainage study, construction plans and/or traffic studies must be submitted and approved and all improvements must comply with the approved plans. Conditional Use Permit Special Conditions of Approval 1. Mesquite Avenue road improvements shall be completed to County standards, including any necessary drainage works, or an equivalent cash payment in lieu of the improvements shall be paid to Nyc County, in accordance with the recommendations of the Public Works Department. 2. All trash, debris, junic, old tires, and all similar items that presently exist on the subject property shall be removed and taken to the landfill, or otherwise discarded in accordance with federal, state and county statutes, codes, and regulations. Standard Conditions for Granted Waiver 1. Unless otherwise specified, all conditions must be met or financial assurances must be provided to satisfy the conditions prior to submittal for a building permit. The Nye County Planning Department and/or Public Works Department is responsible for determining compliance with a specific condition and shall determine whether the condition must be fuliy completed or whether the applicant shall be offered the option of providing financial assurances. All agreements, easements, or other documentation required by these conditions shall have a copy filed with the Public Works and the Planning Departments. 2. Compliance with the conditions of this approval is the responsibility of the applicant, its successor(s) in interest, and all owners, assignees, and occupants of the property and their successors in interest. Failure to comply with any conditions imposed in the approval of this application may result in the implementation of revocation procedures. 3. Development of the property must conform to any and all plans approved as part of this application. The Nye County Planning Department shall determine compliance with this condition. 4. Nyc County reserves the right to review and revise the conditions of this approval should it determine that a subsequent license or permit issued by Nye County violates the intent of this approval. 5. For the purposes of conditions imposed by Nyc County, may is permissive and shall or must is mandatory. 6. Approval of this application does not constitute approval of a liquor, gaming, brothel or fireworks license/permit or any other County issued permit, license, or approval. 7. Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. 8. No construction of public improvements shall occur until any required 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). 9. If required, drainage study, construction plans and/or traffic studies must be submitted and approved and all improvements must comply with the approved plans. 10. At the time of development, staff approval is required of the Site Development Plan, which may include, but not be limited to (dependent on the use of the property), review of parking layout, landscaping, lighting, screening walls and fences, as well as signage requirements. Page 7 of 7

15 PROPERTY MASTER PLANNED AS HEAVY INDUSTRIAL APPLICATION (CU ) FOR A GRAVEL PIT FOR INDUSTRIAL DISTRICT AND CONDITIONAL USE PERMIT I : T2OS ii 3 41i6 TIViátd Av C 0 I.. lyippes Ln UNITED METRO MATERIALS INC. (RINKER INC.) ZONE CHANGE APPLICATION (ZC ) TO THE HEAVY _._;5 I -438 w if) AND ZONED OPEN USE, AP# &

16 AP# & 14 PERMIT APPLICATION (CU ) FOR A GRAVEL PIT FOR PROPERTY MASTER PLANNED AS HEAVY INDUSTRIAL AND ZONED OPEN USE, (ZC ) TO THE HEAVY INDUSTRIAL DISTRICT, AND CONDITIONAL USE UNITED METRO MATERIALS INC, (RINKER INC.) ZONE CHANGE APPLICATION CHANGE APPLICATION AND CONDITIONAL USE APPLICATION SUBJECT PROPERTY AND PROPERTY SUBJECT TO NOTIFICATION OF A ZONE SECTION 36 TI9S., R.53E.

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18 250 N. Highway 160 Suite 1 We expect to only have about 2-3 employees on site at this location and our Average Daily Trips (ADT) to and from the site will number less than 50. For this reason, we have not included a In terms of utilities, we plan to install a septic tank and for water, we have current fan rights to an 79 acres, we propose screening only the specific batching area near Mesquite Road. of the site for mining operations while a small area along Mesquite Road will house an already d) concrete batch plant operations. Kurt Moen / Nye County Planning Pahrump, NV June 24, 2005 Dear Kurt, United Metro Materials Inc., the owner of approximately 79 acres at the northwest corner of Mesquite and Higley. requests a conforming zone change from its current designation of vacant existing trailer as well as a batch plant facility and parking. The screening, washing, and rock land / open space to its planned land use of Heavy Industrial zoning. Additionally, we request Conditional Use Permits for a) sand and gravel operations, b) rock crushing, c) mining, and The operations company for this site will be Rinker Materials, a well known Nevada company offering a variety of aggregate and building materials. The attached site plan shows the majority crushing equipment is all mobile and will be used throughout the 79 acres as needed. According to Section of your development code, the Conditional Use Permits for mining and rock crushing must simply comply with all federal, state, and county regulations. However, the conditions for the batch plant and sand and gravel excavation pit are to not only comply with these same regulations, but are also to be 1,000 and 330 away, respectively, from residentially or commercially zoned property. First, although there is no residential development around the area at this time and all is vacant, the properties immediately adjacent to the site are planned for medium density housing. In fact, there are very few heavy industrial planned areas consideration of change to the surrounding planned uses during the next master plan update or a that are not planned right next to residential housing within the entire current master plan. For this reason, we would ask for approval of these operations at this location, with either a waiver of some sort to allow these operations next to the future homes. The batch plant also requires screening surrounding the perimeter of the property. Instead of screening the entire traffic study with this application since our ADT counts are below the amount requiring a study. existing on-site well as well as other transferable fan rights in the Pahrump area. The existing well location can be found on the site plan enclosed Vi* DEL CoRso CT. HENdERsoN, NV 8902 I (702) OfficE (702) FAX WAJhiNS PRFCO* srrlicrion ANd DEYEIOPAVFNT SERvices

19 (on behalfofthe applicant) MinWa4kins,9t4A,/t& Page 2 Should you have any questions regarding these requests for the master plan amendment and zone changes, please contact me at (702) Sincerely, 3062 ViA DEL Conso CT. HENdtioN, NV / (702) OfFicE (702) F*x WAWkIP4r5 PRECONSTRUCTION Aid DEvdopNEvr SERVICES