Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

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1 540 COURT STREET, SUITE 104, ELKO, NV PH. (775) , FAX (775) ELKO COUNTY PLANNING COMMISSION MINUTES THURSDAY, SEPTEMBER 17, :15 P.M. CALL TO ORDER: The meeting of the was called to order at 5:15 PM on Thursday, in suite 102 of the Nannini Administration Building, Elko, Nevada. ROLL CALL: Members Present: Absent : Others Present: (via telephone time 5:55 pm until 6:05 pm) John Kingwell, Supervisor/Planner Eleanor O Donnell, Administrative Assistant Curtis Moore, District Attorney s Office PLEDGE OF ALLEGIANCE: Chairman Larason led the pledge of allegiance. CONSENT AGENDA These are items that Staff recommends for approval or to proceed to a public hearing. The Board reserves the right to move any consent agenda item to the public hearing segment of the agenda should issues arise that need to be addressed. A. Approval of Minutes - July 16, 2015 regular meeting minutes

2 Page 2 MOTION: Commissioner Judd made a motion to approve the minutes from the last regular meeting on July 16, 2015 as written, seconded by Commissioner Genseal. Motion passed. COMMENTS BY THE GENERAL PUBLIC No comments NOTICE OF THE APPEAL PROCESS Chairman Larason advised everyone of the appeal process PRELIMINARY HEARINGS None PUBLIC HEARINGS , Thomas & Agapita Johnson A public hearing regarding an application requesting a street / roadway or other right of way vacation request submitted by Thomas William Johnson for vacation of a right of way (alley) located in the Smith Addition of Contact Nevada. Location: The unnamed alley between Lots 1 through 12 and Lots 13 through 24 of Block 2 of the Smith Addition to Contact City Townsite filed in the office of the Elko County Recorder with File No Located in a Portion of Section 19, Township 45 North, Range 64 East, MDB&M. Applicant: Thomas & Agapita Johnson Owner: Elko County K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

3 Page 3 John Kingwell presented the staff report for application Thomas & Agapita Johnson. Public comments: No comments Commissioner Genseal questioned by vacating this right of way that is owned by Elko County does it revert back to the landowner. Why is it not a sale of land owned by Elko County? Mr. Kingwell explained Elko County did not pay to receive this land. The Nevada Revised Statutes states that the land has to be reverted back in equal proportions to abutting property owners or a first right of refusal. This is covered under State Law. MOTION: Commissioner Judd made a motion to forward a recommendation of approval for the right of way vacation of an alley way within Application No for Thomas & Agapita Johnson to the Elko Board of County Commissioners with staff's recommendations, findings and conditions; seconded by Commissioner Genseal. Motion passed. Public Comments: Chairman Larason advised everyone of the appeal process , NV Energy A public hearing regarding a request for a conditional use permit for the expansion of the existing Coyote Creek Substation facilities by 25% and approximately 68,000 cubic yards of grading. Location of Site: A 9.33 acre parcel of land shown as parcel 2 of Parcel Map No as shown on File No as recorded in the Office of the Elko County Recorder. The general location is in the E½ of Section 10, Township 37 North, Range 49 East, M.D.B.&M. The site is located approximately 30 miles north of Dunphy Exit (#254) of Interstate 80. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

4 Page 4 Applicant/ Owner: Sierra Pacific Power Company dba NV Energy Location of Expansion: A portion of a acre parcel of land shown as Parcel 1 of Parcel Map as recorded in the Office of the Elko County Recorder. The general location is in the E1/2 of Section 10, Township 37 North, Range 49 East, M.D.B.&M. Owner: Dean & Sharon Rhoads Mr. Kingwell presented the staff report. Comment was received and a note was added to the staff report: Note: The 60 ROW within Parcels No. 1 and 2 has been dedicated to Elko County and is not fenced by the existing substation. The addition to the substation to the southeast will follow the existing fence lines and will not fence in the ROW. This has been previously discussed with NV Energy surveyors and will be required in their Parcel map or boundary line adjustment map. Since this staff report was written the price quote for the slope work and the removal of the 68,000 cubic yards of material was double what was expected. They are looking at other options, maybe moving less dirt or stockpiling it on the new parcel. Public Comments: No comments MOTION: Commissioner Judd made a motion to approve Application No , NV Energy with staff's recommendations, findings and conditions, seconded by Commissioner Genseal Motion passed. Public Comments: Chairman Larason read the notice of the appeal process. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

5 Page 5 The meeting was recessed 5:45pm. Meeting resumed at 5:55pm. Commissioner Hartley attended this portion of the meeting via telephone at 5:55pm. Chairman Larason made a note that there are four members present and since the next item requires a super majority Commissioner Hartley will be joining the meeting via conference call. Spring Creek Lamoille Master Plan Review- Plan Area 3: A request by Stephen and June Crane representing APN , Terry and Catherine Vance representing APN , and the Spring Creek Association representing APN to open the Spring Creek Lamoille Master Plan as revised 2012 for the review of Commercial 2 zoned properties within Plan Area 3. The specific request seeks to place a designation of Residential 1 for future zone changes to R1 Mr. Kingwell presented the staff report for the Spring Creek/Lamoille Master Plan Review of Plan Area 3. Public comments: no comments MOTION: Commissioner Judd made a motion to amend the Spring Creek/Lamoille Master Plan - Plan Area 3 to designate Residential 1 status for APN , APN , and APN , seconded by Commissioner Genseal. Motion passed. Mr. Kingwell repeated the motion for for clarification to approve the change in designation on the three parcels to Residential 1 and move it forward to the Elko County Commission for ratification. (via telephone) Commissioner Hartley left the meeting 6:05 pm. Chairman Larason read the appeal process. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

6 Page , Stephen & June Crane A preliminary hearing regarding a request for a change of zoning from Commercial 2 (C2) to Residential 1 (R1) to provide for residential dwelling. Location: A.75 acre (32,670 square foot) parcel of land located within the Spring Creek Subdivision, Tract 403, Block 25, Lot 1, as shown on File No as recorded in the Office of the County Recorder of Elko County. Within Section 33, Township 33 North, Range 57 East, M.D.B. &M. Physical address is 705 Bronco Drive Spring Creek, Nevada. Applicant/ Owner: Stephen & June Crane There was a typo on the application number it should read Mr. Kingwell presented the staff report for application # Mr. Kingwell stated item A under Number 7 is incorrect. A. The change of zoning from C2 to R1 is dependent upon the reopening of the 2012 Spring Creek Lamoille Master Plan and the approval by the for a change of designation to Residential 1 (R1) on APN After a successful 10 day appeal period is satisfied for the designation change to (R1) and approval of the zone change on APN , the resultant zone change to (R1) will go into effect. It should read: the change of zoning from C2 to R1 is dependent upon the Spring Creek Lamoille Master Plan, which we did and approval by the for a change of designation to R1. Now, we are giving a recommendation to the County Commission for this change. If the designation is approved to go forward, this will go to the County Commissioners for ratification. Mr. Kingwell clarified that they would make a recommendation to the Elko County Commissioners for approval of the change of the zoning designations and the change of zoning. Public comments: Stephen Crane (applicant) questioned Item B under Number 7 as pertains to proposed commercial development. Mr. Kingwell corrected that Item B under Number 7, it should read: required for residential development not commercial. B. At the time of any development, the developer shall comply with all applicable provisions of N.R.S. and Elko County Code for development criteria that pertain to the proposed commercial development. Commissioner Genseal clarified he is asking about commercial development opposed to residential development. Mr. Kingwell stated it should read: proposed development. Strike the word commercial. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

7 Page 7 Commissioner Judd questioned regarding all three parcels will there be any problems with the setbacks since it is only ¾ of an acre. Mr. Kingwell stated the R1 has a side yard setback of a minimum of five feet. Commissioner Judd questioned if Spring Creek had a different requirement for setbacks. Mr. Kingwell stated they utilize the County s requirements. MOTION: Commissioner Judd made a motion to recommend approval to the Elko County Board of Commissioners for the zone change Application No , Stephen & June Crane with staff's recommendations, findings and conditions, and a change to Item B on page 5 of 5 of the staff report to strike commercial to read proposed development, seconded by Commissioner Genseal. Motion passed. Chairman Larason read the appeal process , Terry & Catherine Vance A preliminary hearing regarding a request for a change of zoning from Commercial 2 (C2) to Residential 1 (R1) to provide for residential dwelling. Location: A.60 acre (26,136 square foot) parcel of land located within the Spring Creek Subdivision, Tract 403, Block 25, Lot 10, as shown on File No as recorded in the Office of the County Recorder of Elko County. Within Section 33, Township 33 North, Range 57 East, M.D.B. &M. Physical address is 711 Bronco Drive Spring Creek, Nevada. Applicant/ Owner: Terry & Catherine Vance Mr. Kingwell presented the staff report for Application Public comment: Catherine Vance questioned if this is moved forward to the County Commissioners, the zone change will not be fully approved at this meeting; it has to go forward again. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

8 Page 8 Mr. Kingwell stated that is correct. These will be put on the next available County Commission agenda. Curtis Moore stated before the motion is made the motion that is made should probably reflect the accurate process of the recommendation being forwarded to the County Commission rather than the 10-day appeal period, as well as the change in item B, the commercial development. Mr. Kingwell noted the 10-day appeal period would be satisfied by that time, but the change of zoning will not go into effect until we have the approval of the designation change by the Elko County Commissioners. MOTION: Commissioner Genseal made a motion to recommend to the Elko Board of County Commissioners approval of Application No , Terry & Catherine Vance with staff's recommendations, findings and conditions, with Item A, changing zoning from Commercial 2 to Residential 1 is dependent upon the reopening of the 2012 Spring Creek/Lamoille Master Plan and approval by the Elko County Commission for the designation of Residential 1 and a change to Item B on page 5 of 5 to strike commercial to read proposed development, seconded by Commissioner Judd. Motion passed. Public Comments: Chairman Larason advised everyone of the appeal process , Spring Creek Association A preliminary hearing regarding a request for a change of zoning from Commercial 2 (C2) to Residential 1 (R1) to provide for residential dwelling. Location: A.54 acre (23,522.4 square foot) parcel of land located within the Spring Creek Subdivision, Tract 403, Block 25, Lot 7, as shown on File No as recorded in the Office of the County Recorder of Elko County. Within Section 33, Township 33 North, Range 57 East, M.D.B. &M. Physical address is 734 Parkridge Parkway Spring Creek, Nevada. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

9 Page 9 Applicant/ Owner: Spring Creek Association Mr. Kingwell presented the staff report for Application Public Comments: no comments MOTION: Commissioner Genseal made a motion to approve Application No , Spring Creek Association with staff's recommendations, findings and conditions, and a change to item B to strike commercial to read proposed development seconded by Commissioner Judd. Motion passed. Chairman Larason advised everyone of the appeal process. OTHER BUSINESS MOTION: Commissioner Judd made a motion to table these two items until the other members of the board were present, seconded by Commissioner Genseal. Motion passed. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx

10 Page 10 Cell Tower Aircraft Avoidance Lighting Continue discussion on the County requirement for aircraft avoidance lighting on cell towers. Construction Survey Requirement Continue discussion on the possible requirement of construction surveys. STAFF AND COMMISSIONERS COMMENTS Commissioner Judd asked could the appeal process be written out instead of reading it after every application. Mr. Moore will look up the requirements and forward to the staff and the board. COMMENTS BY THE GENERAL PUBLIC Catherine Vance asked how much does it cost to send this to the County Commission. Mr. Kingwell explained that there is no additional cost and everything will be handled by the planning staff. ADJOURNMENT Meeting adjourned at meeting adjourned 6:45pm Minutes Clerk: Eleanor O Donnell Date Approved: October 15, 2015 (Staff Reports are available on the Elko County website at: K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ Minutes.docx