Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

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1 Elko County Planning Commission 540 COURT STREET, SUITE 104, ELKO, NV PH. (775) , FAX (775) ELKO COUNTY PLANNING COMMISSION MINUTES 5:15 P.M. CALL TO ORDER: THURSDAY, SEPTEMBER 15, 2011 Chairman Judd called the meeting of the Elko County Planning Commission to order at 5:15 p.m. on, in Suite 102, of the Nannini Administration Building, Elko, Nevada. Members Present: Absent : Others Present: Mike Judd, Chairman Dena Hartley, Vice Chairman Jack D. Larason David A. Galyen David Hough Richard Genseal Wilde Brough John Kingwell, Associate Planner Kelly Watson, Planning & Zoning Administrator Jennifer Spencer, District Attorney s Office I. PLEDGE OF ALLEGIANCE: Allegiance was pledged. II. APPROVAL OF MINUTES: POSSIBLE ACTION ITEM August 18, 2011 Regular Meeting MOTION: Commissioner Larason moved to approve the minutes and Commissioner Galyen seconded the motion. The motion passed with Commissioner Hartley abstaining due to absence. VOTE: AYE: Mike Judd Jack D. Larason

2 Page 2 David A. Galyen David Hough Richard Genseal NAY: ABSENT: ABSTENTIONS: None Wilde Brough Dena Hartley III. COMMENTS BY THE GENERAL PUBLIC: NON-ACTION ITEM There were no public comments at this time. IV. CONSENT AGENDA: POSSIBLE ACTION ITEM NONE V. PRELIMINARY HEARINGS: POSSIBLE ACTION ITEM , Lynn R. or Penny Forsberg. A preliminary hearing for a change of zoning from Commercial-2 to Residential-2 for a family residence and in home office located at 2146 N Canyon Dr. Parcel 1 File No being a portion of land located in Section 19, Township 33 North, Range 58 East, MDB&M. Owner and applicant is Lynn R. or Penny Forsberg. Commissioner Larason declared he has had previous business dealings with the applicants but did not have any current business with them and didn t think it would pose a problem. Mr. Kingwell indicated the application is in order and ready to be moved forward to a public hearing. He added due to the applicant being an employee of Elko County an independent member, Edward Wynes, will be handling the application and presenting the item for consideration. MOTION: Commissioner Hartley moved to move Preliminary Hearing to the October meeting for a public hearing. Commissioner Larason seconded the motion and the motion passed unanimously. VOTE: AYE: Mike Judd Dena Hartley Jack D. Larason David A. Galyen

3 Page 3 David Hough Richard Genseal NAY: ABSENT: ABSTENTIONS: None Wilde Brough None VI. PUBLIC HEARINGS: POSSIBLE ACTION ITEMS , Sierra Pacific Power Company dba NV Energy. A public hearing regarding a request for a conditional use permit for an addition of a thirty five foot (35 ) extension to an existing one hundred forty foot (140 ) tall microwave communications tower on a 9.33 acre parcel utilized as an electrical substation. The tower extension is made necessary as mining activity has raised the ground level which is interfering with communication signals. Parcel 2 of File No filed in the office of the Elko County Recorder. The general location is in the East ½ of Section 10, Township 37 North, Range 49 East, MDB&M. Said site is located 30 miles north of the Dunphy exit along Interstate 80. Property owner and applicant is Sierra Pacific Power Company. Mr. Kingwell read the following Staff Report into the record:

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11 Page 11 David Snelgrove stated he was present with Matt Gingrich representing NV Energy and they were in agreement with Staff s recommendations, findings and with the conditions presented. Commissioner Galyen asked how close to the tower will people be in case an emergency air ambulance would have to be in the area. Mr. Snelgrove answered he had looked at the closest mine location on Google Earth and it is about a quarter to one-half mile away and their grading is starting to interrupt the signal. Commissioner Galyen asked if the current tower is lighted. Mr. Snelgrove indicated he was unsure. Mr. Kingwell stated Staff had contacted Air Ambulance and asked them to submit a letter if they were interested in the tower being lit. He added that Air Ambulance had stated lighting the tower would be a good idea but their navigation system can be programmed to include the flight paths and Staff didn t receive a letter from them. Commissioner Genseal asked Mr. Snelgrove what the life expectancy would be on the 35 extension since there is increased mining in the area. Mr. Snelgrove answered that they anticipate in two to three years a reflector station will be necessary that will be built up to the north that will get things around the mine and the proposed extension will serve as a temporary fix to allow the signal to continue as it is. Commissioner Galyen asked if any of the Commissioners are concerned about the height of the tower without a light. Commissioner Larason answered no. Commissioner Hartley indicated she would have a problem if it was a new tower but since it is an existing tower she didn t have any concerns. There was discussion on the new procedure of having public comment before action is taken by the Commissioners on the item. MOTION: Commissioner Larason moved to approve with Staff s recommendations and findings. Commissioner Hough seconded the motion and the motion passed unanimously. VOTE: AYE: Mike Judd Dena Hartley Jack D. Larason David A. Galyen David Hough Richard Genseal

12 Page 12 NAY: ABSENT: ABSTENTIONS: None Wilde Brough None , Sierra Pacific Power Company dba NV Energy. A public hearing regarding a request for a conditional use permit to construct and operate an eighty foot (80 ) tall microwave communications tower within a fenced enclosure. Said site shall consist of a communications equipment structure, generator, two (2) propane tanks and other equipment as necessary for day to day operations on a 3,996 square foot easement being a portion of a larger 1,854 acre parcel. The general location is within the NW1/4 of Section 11, Township 38 North, Range 62 East, MDB&M. The site will be located on Peavey Hill, approximately 9.25 miles north of Wells, NV accessed by Metropolis Road and BLM Permit Road N Applicant is Sierra Pacific Power Company. Property owner is Peavey, Carl O. and Eva L. Tr. Mr. Kingwell read the following Staff Report into the record:

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20 Page 20 Mr. Snelgrove stated he was present along with Matt Gingrich representing NV Energy and agreed with Staff s recommendations, findings and recommended conditions and would be available for questions. Commissioner Genseal asked if the residence that is approximately 2.5 miles from the location is the property owner or someone else. Mr. Snelgrove indicated Mr. Gingrich believes the occupant of the residence is the property owner. Mr. Kingwell indicated for the benefit of the new members of the board, Staff notifies the thirty closest property owners to the proposed parcel as required by law. MOTION: Commissioner Hartley moved to approve Public Hearing with Staff s findings, facts and recommendations. Commissioner Galyen seconded the motion and the motion passed unanimously. VOTE: AYE: NAY: ABSENT: ABSTENTIONS: Mike Judd Dena Hartley Jack D. Larason David A. Galyen David Hough Richard Genseal None Wilde Brough None VII. OTHER BUSINESS: NON-ACTION ITEM NONE VIII. STAFF AND COMMISSIONERS COMMENTS: NON-ACTION ITEM Mr. Kingwell restated on all public hearing applications Staff notifies the thirty closest property owners as required by law. He added that law requires property owners within 300 have to be notified but the County always notifies the thirty closest which could be property owners further than twenty miles away. IX. COMMENTS BY THE GENERAL PUBLIC: NON-ACTION ITEM

21 Page 21 There were no comments made by the public at this time. X. ADJOURNMENT Chairman Judd adjourned the meeting at 5:45 p.m., as there was no further business. Minutes Clerk, John W. Kingwell Date Approved, October 20, 2011