LYON COUNTY PLANNING COMMISSION REGULAR AGENDA COMMISSIONERS MEETING ROOM LYON COUNTY ADMINISTRATIVE COMPLEX 27 SOUTH MAIN STREET YERINGTON, NEVADA

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1 LYON COUNTY PLANNING COMMISSION REGULAR AGENDA COMMISSIONERS MEETING ROOM LYON COUNTY ADMINISTRATIVE COMPLEX 27 SOUTH MAIN STREET YERINGTON, NEVADA February 9, 2010 The Lyon County Planning Commission met this day with a quorum. The following members were present: Chuck Davies, Ray Johnson, Ervin Hill, Larry Wahrenbrock, Paul Lanning, Ray Fierro, and Virgil Arellano, Chairman, led the meeting. Attending staff were Rob Loveberg, Planning Director; Paul Esswein, Planner; and, Diane Dempsey, Administrative Clerk II. Keith Trout of the Mason Valley News was also present. PLEDGE OF ALLEGIANCE REVIEW AND ADOPTION OF AGENDA Paul Lanning made the motion to adopt the agenda as presented. Ray Fierro seconded and the motion passed unanimously: 7 Ayes, 0 Nays, and 0 Abstentions. APPROVAL OF THE MINUTES Larry Wahrenbrock made the motion to approve the January 12, 2010, Planning Commission minutes as presented. Ray Fierro seconded and the motion passed unanimously: 7 Ayes, 0 Nays, and 0 Abstentions. MISCELLANEOUS CORRESPONDENCE There was no miscellaneous correspondence. PUBLIC PARTICIPATION There was no public participation at this time. PUBLIC HEARING ITEMS 1. CREEKWOOD CAPITAL LLC/ VIRGINIA LP/ TOYBOX ENTERPRISES, LLC MODIFICATION OF SPECIAL USE PERMIT Modification to add new property owner s names to the existing special use permit to operate a motor sports and recreation complex and including the following venues, activities and uses: Off-road race course, motocross track, BMX track, dirt oval track, paved oval, sand drag strip, paved drag strip, paved road course, shooting range, paint-ball course, racing on dirt and paved tracks, mud bogs, monster trucks, destruction derbies, motorcycle events, racing, shows and rallies, RV parking/ camping picnics, family fun and holiday events, rifle and pistol range, gun club, shooting/target competitions, archery range, music and entertainment concerts, bicycle/ skateboard/roller blade events and facilities, radio controlled aircraft demonstrations and competitions, car/ truck/ motorcycle shows, vendor areas, expositions, concerts/ entertainment/ shows and driving schools; and to utilize 6 commercial coaches in conjunction with the racing facility. All on approximately total acres, located on the west side of Highway 95A within Section 1, T19N R24E, MDBM, Fernley (APN , , , ) Staff Comments: Paul Esswein, Planner, presented the staff report. This is a continuance and request to modify the special use permit based on a change of ownership. There are two requests to consider additional modifications to the permit. The North Lyon County Fire Department is here today to address their concerns. Mr. Esswein also referenced an from Lyon County Sheriff Allen Veil sent to Rob Loveberg. Larry Wahrenbrock asked if there was a legal right-of-way for Parcel 04, which seems to be isolated from Hwy 95. Representative s Comments: Rick Christian, Denson Surveying, on behalf of Toybox Enterprises, LLC, stated the northerly line of Parcel 04 on the APN map is an access and utility easement that runs common to that northerly line, all the way over to 1

2 Parcel 03. So it does have a continuous access from 95A. Fire District Comments: Scott Huntley, Interim Chief for the North Lyon County Fire Protection District, stated they have a new administration, several new Board members, and a new inspector. They view prevention activities as extremely important, especially in an underfunded and short-staffed District. It is his hope that the District can sit down with the current ownership and reassess the property, dwellings, and operations. Representative s Comments: Brandon Small, representing Creekwood Capital, LLC, and Virginia Limited Partnership, said they would be very open to talking about all the issues with the Fire Department. For them it s important to get the booking season started, and they are to the point now where they would like to be added to the special use permit so they feel comfortable in investing more money into the season. They have hired professional managers that are contingent on this. The safety issues are going to be issues that the new management of the track will - address. They will have good ideas, and I m sure you will have ideas on how you will want things to be looked at from a fire prevention and fire hazard point of view. Chief Huntley added that it is just not prevention activities with building and fire events. The District is now extremely interested in EMS. He wants to extend a helping hand to the new property owners to make sure they have safe events out there. Public Comment: There was no public comment. Ray Johnson made a motion to approve the modification of the special use permit for Creekwood Capital, LLC/Virginia LP/Toybox Enterprises, LLC, finding that: (a) The proposed use at the specified location is consistent with the general purpose and intent of the applicable zoning district regulations; (b) The proposed use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is compatible with and preserves the character and integrity of adjacent development and neighborhoods or includes improvements or modifications either on-site or within the public right-of-way to mitigate development related to adverse impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity; (c) The proposed use will not be detrimental to the public health, safety, convenience and welfare; and (d) The proposed use will not result in material damage or prejudice to other property in the vicinity; and with the original conditions as presented in the staff report: 1. Subject to annual review 2. Compliance with all State, County and Federal requirements 3. Obtain all required permits and inspections from Lyon County, North Lyon County Fire Protection, and the State Division of Manufactured Housing regarding commercial coaches, utilities, etc. 4. The removal of all illegal structures currently on the property and obtaining all required building permits prior to proceeding with construction of anything else on these properties 5. Maintain a current Lyon County business license for all commercial activities 6. That there will be no permits issued for the commercial coaches on this property until the time that the illegal structures have been removed Chuck Davies seconded and the motion passed unanimously: 7 Ayes, 0 Nays, and 0 Abstentions. SPECIAL USE PERMIT REVIEWS 2. SPECIAL USE PERMIT REVIEW CONSENT AGENDA All matters listed under this item will be heard as a consent agenda, are considered routine, and may be acted upon by the Planning Commission with one action, without an extensive hearing. Any member of the Planning Commission or any citizen may request that an item be removed from the consent agenda, discussed and acted upon separately during this meeting. (Action will be taken on all items.) Ray Fierro made the motion to treat the special use permit reviews as a consent agenda and extend the following special use permits for one more year, with the 2

3 exception of Items D and N which will be individually reviewed. Paul Lanning seconded and the motion passed unanimously: 7 Ayes, 0 Nays, and 0 Abstentions. A. LIEBER, BELA & BARBARA - ZONING E2T - Special use permit issued February 1995 under the hardship exception to allow a second mobile home on approximately 1.05 total acres; located at 3455 Elm Street, Silver Springs (APN ) B. POULTER TRUCKING/ POULTER, DONALD & VICKIE - ZONING M-1 - Special use permit issued February 1996 for the operation of a sand and gravel pit and to utilize a mobile home for watchman s quarters in conjunction with the sand and gravel pit and equipment storage lot; located at 2315 Almond Drive, Silver Springs (APN ) C. WHITE, KIRK E. & CATHERINE E - ZONING C-2 - Special use permit issued February 2004 to operate a mini-storage facility; located at 3850 South Highway 95A, Silver Springs (APN ) E. BRANDENBURG, CHARLES A - ZONING M-1 - Special use permit issued February 1988 to utilize a mobile home for a watchman s quarters; located at 16 Julius Lane, Mound House (APN ) F. JOHNSTON, JOHN LEROY III - ZONING M-1 - Special use permit issued February 1992 to utilize a mobile home for watchman s quarters; located at 77 Laxalt Drive, Mound House (APN ) G. SENSIBAUGH, EDWARD & DAWNA R - ZONING M-1 - Special use permit issued February 2000 to use an existing mobile home for watchman s quarters located at Highway 50 East, Mound House (APN ) H. V & T MANAGEMENT, LLC - ZONING M-1 - Special use permit issued February 2005 for watchman s quarters; located at 75 Laxalt Drive, Mound House (APN ) I. MARTY, HANS B - ZONING - M-1 - Special use permit issued February 2007 to utilize a mobile home for watchman s quarters; located at 29 Red Rock Road, Mound House (APN ) J. ELW RANCHES, INC - ZONING - RR-5 - Two special use permits issued February 1991 to utilize a total of 2 mobile homes for ranch help on approximately 2200 total acres, Rafter 7 Ranch; located at 92 East Walker Road, near Yerington (APN ) K. PALMER, ALFRED & JOY/ MASON, ROBIN - ZONING - RR-5 - Special use permit issued February 2008 for a breeders kennel for a maximum of 7 Standard Poodle dogs over six months of age on approximately 1,873 acres; located at 55 Butte Way, Yerington (APN ) L. LASATER, JAMES & BETTY - ZONING - RR-3T - Special use permit issued February 2008, under the hardship exception, to allow installation of a mobile home in addition to the primary residence on approximately 4.74 acres; located at 15 Shirley Lane, Yerington (APN ) M. ART WILSON COMPANY - ZONING PRR-5 - Special use permit issued February 2004 to mine and process gypsum, with the processing to include crushing and screening and to include the expansion of an existing open pit all located on approximately 660 total acres; located between the Weed Heights area and Artesia Lake, in the Singatse Range (APN ) END OF SPECIAL USE PERMIT REVIEWS CONSENT AGENDA D. SELMA TREATING CO./ NEVADA WOOD PRESERVING/ PACIFIC WOOD PRESERVING OF BAKERSFIELD - ZONING M-1 - Special use permit issued February 2001 to operate a wood treatment plant and modified on May 14, 2002 to utilize only 1 mobile home for watchman s quarters; located at 1680 Spruce Avenue, Silver Springs (APN s through and through ) Chairman Arellano read the staff observations and asked staff if they were required to read all of the correspondence received into the record. Staff Comments: Rob Loveberg, Lyon County Planning Director, said we are not required to read all correspondence into the record but recommended acknowledgment of the s and written comments. 3

4 Correspondence: Commissioner Arellano read into the record the names of everyone who sent letters and s concerning this special use permit: A letter from the State of Nevada, Division of Environmental Protection, dated February 8, 2010, from Michael Elges and addressed to Mr. Greenwood; an from the Figueroa family, dated February 5, 2010; an from Gabriela Isabel Sydow, dated February 7, 2010; a letter from Darlene Novy-Quelke, Charlene Smetana, and Gregg Zuelke, dated February 7, 2010; a handwritten letter from Lori Ellis sent via fax on February 9, 2010; an from Ralph Carson, dated February 4, 2010; a letter (Certified Mail, Return Receipt Requested) from Nevada Wood Preserving, dated February 1, 2010; another letter from Nevada Wood Preserving addressed to Lyon County Planning Department, dated January 21, 2010; a newspaper article, Nevada Wood Preserving recognizes odor coming from plant written by Betty Aleck; Draft Minutes of the Silver Springs Advisory Board, dated January 4, 2010; a letter from Mike Elges at Nevada Division of Environmental Protection, addressed to Virginia Johnson, dated November 30, 2009; a letter from Virginia Johnson, dated January 25, 2010; an dated January 3, 2010, from Richard and Isabel Sydow to Tom Carr Silver Springs Advisory Board; a handwritten letter dated January 1, 2010, from June Mick, with attached information (statistical data and maps); a copy of a letter from Michael Elges, Nevada Division of Environmental Protection to Jacquelyn Picciani, dated November 30, Staff Comments: Rob Loveberg, Lyon County Planning Director, stated this is an annual review of their special use permit. There is an ongoing concern by the residents regarding odor and both the Planning Commissioners and the Board of County Commissioners have previously heard and discussed that issue. The Planning Commission has the additional information provided by the various members of the public who submitted comments. Representatives of the facility are in the audience today for questions. Mr. Loveberg added that staff does not have any additional factual and technical data by the Nevada Division of Environmental Protection or others for a determination on either the odor or consequences of that odor. Representative s Comments: Roland Mueller, General Manager of Production for the Pacific Wood Preserving Companies and representative for Nevada Wood Preserving/Selma Wood Treating, said they conducted some presentations for the Silver Springs Advisory Board and Paul Esswein sat in. Their meeting with the Silver Springs Advisory Board was to present them with the work that is being done to minimize the odors being created from their process. Virgil Arellano asked Mr. Mueller if there has been any progress. Mr. Mueller stated they have applied for some permits to install a block dissolving system which, as they ve been told, would minimize the odor from the work solution. They are working with the Fire Department s representative on the permitting aspect of that and then they will go to the County for the balance of that permit. They also found and purchased a #2 diesel that has less of an odor. They ve tried to reach out to some of the members of the community who have had concerns about the odor to see if they ve noticed anything different. Danny Young, their plant manager, spoke to some of those folks recently to get feedback. Their plan is to move away from buying the concentrate they currently get and blend the concentrate themselves in a more controlled atmosphere and use a different co-solvent, which, he understands, will make a lot less odor coming from their process. Ray Fierro asked about their other plants and if they were having issues with those communities. Mr. Mueller said they ve had people call and ask about odors in their Arizona facility because they use creosote there. They ve also had people call in Oregon and question the copper naphthenate. They also had questions and concerns about creosote, years ago, in the Bakersfield facility. The Company went as far as taking the creosote out of that facility, but the odor complaints didn t stop. After a while it was determined that a facility using a yeast process was the actual source of the odor. There is a track record of the number of complaints and the times. The biggest challenge by far has been in Silver Springs, Nevada. Commissioner Fierro asked if they use creosote at this facility. Mr. Mueller said they do not use creosote at this facility. Larry Wahrenbrock asked about some administrative deficiencies that were related to air quality in the Nevada Wood Preserving letter of January 21, 2010, which also noted they should be resolved by February 9, Mr. Mueller said they are still working through a resolution with NDEP and the 4

5 Attorney General s Office. Commissioner Wahrenbrock asked about the deficiencies. Mr. Mueller reviewed the deficiencies. Ray Johnson commented that Nevada Wood Preserving put in their timely application last June, 2009, to renew their Air Quality permit with NDEP and yet NDEP is sending the County letters saying that they will continue their technical review of the Class 2 Air Quality application for renewal. Commissioner Johnson then asked Mr. Mueller if he knew why NDEP was taking forever to renew this permit Mr. Mueller stated they have no idea. Commissioner Johnson asked if they had done anything different, like adding anything since submitting their application. Mr. Mueller said not to their knowledge. Commissioner Johnson asked if they added another request to the original application. Mr. Mueller stated they added a request to process CAC (copper azole Type C), a waterborne preservative. Mr. Mueller said, just for the record, he heard second hand that there were some concerns that the permit included reference to creosote. Creosote was actually added back in 94 or 95 when the permit was renewed. They made application to be able to use creosote at the facility and that was approved, so that s not a new request. That s just a continuation of what s already in the permit. They ve never processed with creosote, but they never know where the markets are going to go, so they applied just to have the permitting in place for that. Public Comments: Virginia Johnson, resident of Silver Springs, Nevada, stated this Board has her letter and suggestions and that this is possibly the most ideal time to take a look at Nevada Wood Preserving s original and modified special use permit with the thought of bringing it into the 2010 era, because it contains some things in there that perhaps don t even exist anymore, and the wording, perhaps, doesn t meet current standards. Ms. Johnson then read into the record a letter received from Larry Kennedy and Deb: She believes the odor situation has been considered for way too long, but unfortunately odor is the only statute on the books with the State of Nevada that allows NDEP to address what s happening in their community and it s a nuisance by that statute. Ms. Johnson thinks it would be reasonable to continue this review. Virgil Arellano asked Ms. Johnson if the relationship between the community and Nevada Wood Preserving has improved within the last year. Ms. Johnson said she doesn t believe so, but that s her biased opinion. Jacquelyn Picciani, resident of Silver Springs for 32 years, said they have an ongoing odor problem and is heartened that NWP is finally stepping up to the plate and saying they produce an odor and are willing to deal with it. She, personally, would like a more specific timeline on when they could expect not to smell the odor. Since the air quality discharge permit is still under review for public comment, she feels it would be premature to rubberstamp this particular special use permit. Ms. Picciani stated she believes the special use permit needs to include other things, such as the county receiving notification when they have an approved or pending amendment to any kind of permitting, so the county knows what hazardous materials are involved. This year there were 36 days when she observed the odor, which meant she could not enjoy the use of her property as she had originally thought when she purchased her property 32 years ago; and yet, under the terms of their permit, they can do and use their property as they see fit, but she cannot use hers as she sees fit on those 36 days, and that is an issue. Ms. Picciani asked for some sympathy for the people who have been living out there longer then this plant s been operating, because they bought their property with a certain expectation of a lifestyle. Ms. Picciani thanked the Planning Commission for their time and asked if they approve a special use permit, it is done in a provisional manner, pending what NDEP has to say when they finally get around to issuing a permit, because there may be things that may pertain to conditions they might want to add or modify. Chuck Davies commented that the special use permit requires Nevada Wood Preserving to be in compliance with NDEP. Commissioner Davies then asked staff if the County would be notified if, through some modification, Nevada Wood Preserving was no longer in compliance with their NDEP permit and/or it was revoked. Rob Loveberg stated typically the County receives notifications from NDEP on 5

6 such permits and, in this particular case, he is fairly certain NDEP realizes the County has a particular interest in the air quality permit that Nevada Wood Preserving currently enjoys. Ervin Hill made a motion to extend the special use permit for Selma Treating Co./Nevada Wood Preserving/Pacific Wood Preserving of Bakersfield for another year. Paul Lanning seconded. Discussion: Ray Johnson stated he is pro-business and has been for the last 18 years, but they have a problem that needs to be solved and rubberstamping this is not the answer. He feels it should go into some type of continuance so we can deal with how to solve the problem with Nevada Wood Preserving. Ervin Hill said at no time or place has he seen any proof that the odor is coming from Nevada Wood and doesn t think they would be rubberstamping this special use permit. Commissioner Hill added that just because NDEP is dragging their feet, that shouldn t mean Selma Treating Co. can t proceed with their special use permit. Chuck Davies commented that he believes there is some kind of odor in Silver Springs, but from day one the company has tried to resolve it. This is the kind of thing that is a trial and error situation. They are trying things and seeing if it helps and it would be very hard to predict a timeframe. Right now they are operating legally. They applied for their permit and NDEP, for whatever reason, is slow. Commissioner Davies believes they ve done everything they need to do to operate legally, and he doesn t think the Planning Commission is rubberstamping anything and has any basis for not extending this permit. There being no further discussion, the motion passed with a majority vote: 5 Ayes, 2 Nays (Ray Johnson and Larry Wahrenbrock), and 0 Abstentions. Chairman Arellano called for a five minute recess and the meeting resumed at 10:40 a.m. N. LOONEY, WALLACE - ZONING J-W - Special use permit issued February 1988 to wreck and store motor vehicles, trailers, etc. on approximately total acres; located at 40 Speedway Road, Fernley (APN ) Virgil Arellano read the staff observations. Fire District Comments: Scott Huntley, Interim Chief for North Lyon County Fire Protection District, stated that their inspector has been in contact with the party. There was a recent fire at a nearby business and they felt they needed to address those properties. It is his hope that if there is a change of hands, they will abide by the Fire District s requests. Ray Fierro asked if there was a way to coordinate a fire inspection with the Chief and upcoming special use permit reviews so the Planning Commission knows if something has passed or didn t pass prior to the review. Staff Comments: Rob Loveberg said we can certainly provide the District with information as to what special use permits come up in which month. Chief Huntley commented that he would be very happy to see that and during the break he also made sure they were getting our agendas. Chief Huntley added that maybe joint inspections would use their customers time more wisely. Public Comment: Jacquelyn Picciani, Silver Springs resident, recommended the County revise the special use permit process so it accurately reflects the different types of uses being called into place under a special use permit. Paul Lanning made a motion to continue for 90 days the special use permit review to allow the new owners time to go through the application process. Ervin Hill seconded and the motion passed unanimously: 7 Ayes, 0 Nays, and 0 Abstentions. 3. PUERTA, MANNY L JR & SHARON L - ZONING RR-5 (Continued from the December 8, 2009 Planning Commission meeting) - Special use permit issued December 2000 for a dirt/gravel landing strip for private use on approximately 20 total acres; located at 40 Desert Creek Road, Wellington (APN ) 6

7 Virgil Arellano stated this was continued to allow staff time to solicit direction from the District Attorney s Office on possible modification of this permit and to review FAA safety regulations. Attorneys representing each involved parties have provided correspondence. Chairman Arellano asked the Commission members if they had the correspondence that was attached in their packets, as well as new correspondence dated February 4, 2010, from Stephen B. Rye to Rob Loveberg. Staff Comments: Rob Loveberg, read into the record the February 4, 2010, letter from Stephen Rye, Attorney At Law, addressed to Rob Loveberg, Re: Manny & Sharon Puerta. Mr. Rye represents Phyllis Hunewill. Virgil Arellano asked Mr. Loveberg if he heard from the District Attorney. Mr. Loveberg said he received an from Bob Auer, District Attorney, who wrote that the District Attorney s Office would not have a representative present at the Planning Commission meeting, or any Planning Commission meeting, due to their understaffed status. He also had a conversation with Mark Krueger, Chief Deputy District Attorney. Mr. Krueger did not feel the information provided rose to the level as cause to open the special use permit for a modification hearing at this time. Commissioner Arellano also asked Mr. Loveberg about the FAA. Mr. Loveberg responded that as far as he could ascertain, other than requirements of pilots, their licenses and the operation of aircraft, there are no additional FAA regulations on this private airstrip that are the issue of safety or performance, and as far as he can tell, this airstrip does not receive any federal funding that would require it to adhere to a higher level of FAA regulation. Representative s Comments: Kelly Chase, Attorney At Law, representing the Puerta s, respectfully requested Chairman Arellano recuse himself from further consideration in this matter based on comments made at the December hearing that indicate a pre-disposition to be biased towards Ms. Hunewill Commissioner Arellano stated that he can look at this objectively, just as he has in other matters over the last four years. Mr. Chase stated this Planning Commission in Lyon County doesn t have jurisdiction over controlled pilots. It is a land use decision. You do have existing conditions that have to be met, and you ve got no objective evidence in front of you that Manny Puerta has done anything unsafe. Representative s Comments: Stephen Rye, Attorney At Law, representing Phyllis Hunewill, stated Mrs. Hunewill s request still is that the Planning Commission consider modification and clarification of this special use permit. The conditions that could be modified would be condition #1, which is for private, personal use. It s unclear whether that has any limitation. They know it s not a public airport but one of the problems she has is whether the other pilots using the airstrip are as experienced as Mr. Puerta. Condition #5, limit the aircraft use. It appears there are no limits on the aircraft use. To Mr. Puerta s credit, he does have an aircraft that s specially equipped that he described to the Commission, but there s no requirement for aircraft landing on that airstrip to be equipped with that type of equipment. Mrs. Hunewill would ask the Board to consider that issue and whether that should be a condition on the special use permit given the area, length of the strip, and the facilities there. She would also ask that the Planning Commission consider imposing time limits on landing and takeoff. This would give her an idea of when Mr. Puerta would be coming and going. Applicant s Comments: Manny Puerta, owner of the airport, referred to the minutes when the special use permit was first approved and his question if the private airstrip included friends taking off and landing there occasionally, because he wanted to have the ability to have them come and visit. That was in the minutes when it was 7

8 approved and no one had any objections. Phyllis Hunewill referred the Planning Commission to the pictures of the landing strip she gave them the last time and stated that Mr. Puerta lands right on the end of the landing strip on the edge of her property. If he kept his airplane up to 50 feet above her driveway, she probably wouldn t have a problem. Mrs. Hunewill asked the Planning Commission for their help to let him know he needs to be more careful. Public Comment: Linda Huntsberger stated her concerns of late that Mr. Puerta is taking off in the dark over the school bus and flying parallel with the school bus in the morning. Ms. Huntsberger said she also has pictures of him buzzing people on the property, and you can t fly under 500 feet. This is a safety hazard and not a personal vendetta or situation where you don t agree with your neighbors. Ray Johnson made a motion to extend the special use permit for Manny and Sharon Puerta with the original conditions for one more year. Chuck Davies seconded and the motion passed with a majority vote: 6 Ayes, 1 Nay (Ervin Hill), and 0 Abstentions. END OF SPECIAL USE PERMIT REVIEWS 4. PLANNING COMMISSION MASTER PLAN WORKSHOP (action may be taken) Presentation by County staff and discussion with the Lyon County Planning Commission regarding the development and preparation of the County-wide Comprehensive Master Plan; which may involve any and/or all of the subject matters, or portions thereof, set forth in NRS through and related topics which includes maps, charts, drawings, diagrams, schedules, reports, ordinances and other printed or published materials; community design; conservation; economics; historical properties preservation; safety; school facilities; seismic safety; solid waste disposal; streets and highways; transit; transportation; community plans; goals and policies; and implementation measures and actions. Additionally, the staff and Planning Commission may discuss the status of the Comprehensive Master Plan project and the next steps to be taken. Staff Comments: Rob Loveberg, Lyon County Planning Director, stated they will have the draft of the Comprehensive Master Plan to the Planning Commission and Advisory Councils by the week of February 22, Planning staff will be attending Advisory Council meetings to review the draft by the first week of March, and the Planning Commission will have the draft to discuss at the March meeting. At that time, staff will seek the Planning Commission s determination if more substantial revisions will be required or potentially bring it back in April for possible adoption, and then take it to the Board of County Commissioners. The cutoff date for the final draft remains April 30 th, although they hope to have it done before that date. 5. STAFF COMMENTS, COMMISSIONER COMMENTS AND GENERAL DISCUSSION (discussion only) Ervin Hill recommended and explained why paragraph (b), subparagraph 5, Single Family Residential Lighting should be stricken in Ordinance 541, Title 10, Chapter 20, Outdoor Lighting Control. Commissioner Hill said he would like to see a full implementation of section (b) of that lists all of the lights that require shielding and be implemented to all residents. Staff Comments: Rob Loveberg discussed some of the alternatives that could be included in the Outdoor Lighting Control modification draft and asked which approach they would prefer. Mr. Loveberg said if the Planning Commission is interested in applying the ordinance in general to all types of properties, they can certainly look at a revision that 8

9 would do that and return it to them. The Planning Commissioners were in agreement with the above. Rob Loveberg also discussed the Lyon County School District Board of Trustees desire for a Memorandum of Understanding, making it a requirement for developers to go before the Board of Trustees and discuss development proposals and projects. Both he and the Community Development Director for the City of Fernley testified before the Board of Trustees about other methodologies and provided them with NRS requirements. Mr. Loveberg had a subsequent meeting with the Superintendent of Schools, one of the Trustees, and both cities and talked about what they could do absent a MOU, such as improving communication and providing information to school district staff to assist them in getting information back to us. Virgil Arellano commented about the need for a special use permit workshop or to develop a flow chart for discussion at the next meeting. Mr. Loveberg said we can certainly have a workshop on special use permits but asked if it could be postponed until after the Planning Commission has dealt with the master plan. The Planning Commissioners were in agreement with the special use permit workshop and concurred that it be postponed. Ervin Hill asked about special use permits running with the land. Mr. Loveberg stated special use permits do run with the land and went into further explanation. In future revisions of County code, they would like to get out of the special use permit business as much as feasible and go to performance standards. Chairman Arellano commented on the need to revisit the issue of private landing strips. ADJOURNMENT Virgil Arellano made the motion to adjourn the meeting at 12:15 p.m. Virgil Arellano, Chairman ATTEST: Rob Loveberg, Planning Director Diane Dempsey, Administrative Clerk II 9